
The dangers of AI: How deepfakes and inaccurate content are impacting the sports industry
Artificial intelligence (AI) is becoming a part of our daily lives. It is a huge topic of conversation and technology magnates, politicians and even celebrities are regularly featured in the media discussing its uses, impact and regulation. AI is be…

How generative AI is impacting athlete image rights and endorsement agreements
Whilst the birth of artificial intelligence (AI) can be traced back to the 1940’s, we have seen an explosion in the widespread use of Generative AI in the last few years with the introduction of publicly available tools, such as ChatGPT, Midjourney…

Will FIBA’s regulation of agents’ fees really help protect basketball clubs & players from undue influence?
FIBA’s recent amendments to its Internal Regulations, which came into force on 5 December 2024,[1] have once again reshaped the framework governing the relationship between players, agents, and clubs. These amendments removed the exception that prev…

A guide to the key legal & commercial provisions in stadium and arena naming rights deals
This article explains the key legal and commercial provisions in modern sports venue and stadia naming deals. Although the focus is on the UK, the provisions addressed will be relevant to most sports organisations and sponsors:
Background…

Navigating sports investments: a deep dive into NFL vs. Premier League opportunities
This article examines how to legally navigate investment opportunities in the global sports market. It explains how to assess the high-level legal and regulatory landscape for investment, before identifying key legal clauses to negotiate during a de…

Future-proofing esports: a look ahead to the key legal issues facing the esports industry
The evolving ecosystem of esports is not only a hub for groundbreaking technology and entertainment, but also a burgeoning field fraught with intricate legal and regulatory challenges. As the industry accelerates towards a projected value of USD11.9…

A guide to the legal due diligence process when buying a football club
Sales of football clubs, particularly Premier League clubs, is always headline news. Fans often get frustrated by the amount of time it takes to complete a sale process. For instance, the Everton FC sale was only finalised in December 2024 after the…

F1 at a crossroads? FIA and Liberty Media’s battle for pole position on commercial rights
Liberty Media, the current commercial rights holder of Formula One (F1), and the Fédération Internationale de l'Automobile (FIA), F1's governing body, have recently been engaged in a power struggle for control of the sport. This escalated to a point…

Olympic ambitions and legal transitions: India's sporting landscape in 2024
2024 in Indian sports law was a year dominated by India’s Olympic performance and its future aspirations. On the back of an under par campaign from the Indian contingent at the Paris 2024 Olympic Games and the country’s formal statement of intent to…

Reputational risks for football clubs: Effective strategies for mitigating harm
In the high-stakes world of professional football, a club’s reputation is invaluable. It can potentially affect everything from sponsorship deals to fan loyalty[1]. Maintaining a good reputation is therefore crucial, although it can be c…

Valuing 'The Hundred': How will prospective investors evaluate cricket’s newest franchise?
As the nights draw in and the weather begins to turn cooler (and wetter), many will be feeling a sense of sadness at the end of another long and eventful domestic cricket season. The competition is about to hot up, however, when it comes to th…

A guide to the commercial arbitral institutions increasingly used for sports disputes
This article discusses the growing trend of sports disputes being referred to non-sports specific arbitral tribunals. It highlights the difference between the seat and venue of an arbitration, before examining several notable commercial arbitral ins…

How interactive entertainment is impacting the sports industry
The keynote conversation from SportAccord 2024 provided a fantastic insight into how interactive entertainment is impacting the sports industry. The keynote discussion between Mark Rein, who is Vice President and Co-founder of Epic Games, and Nate N…

How the UK’s code of conduct for gambling related agreements in football impacts clubs and sponsors
Before clubs are able to collaborate with these gambling brands there are a lot of factors to consider. These range from ethical and reputational implications to regulatory compliance and the potential repercussions from supporters and other stakeho…

Rugby Union icon vs a shot at the NFL: Louis Rees-Zammit & the financial incentives for switching sports
If you’re like us, Sunday 8 September felt like Christmas Day. The National Football League (NFL) is back and the first couple of weeks have already provided plenty of drama and talking points. Just before the season began, one of those…

Battle lines drawn: Florida State University’s continuing withdrawal lawsuit against Atlantic Coast Conference
On December 22, 2023, Florida State University (FSU) issued a lawsuit[1] against the Atlantic Coast Conference (ACC), challenging the conference's ‘grant of rights’ agreement and related withdrawal penalties. The lawsuit - filed in the Circuit Court…

An introduction to insurance policies, risk transfer and the law for modern sports organisations
The importance of risk analysis and risk transfer to support business strategy cannot be overstated. Businesses in the sports sector are no different from other industry sectors in this regard. However, because the sector receives a grea…

How the Swiss Federal Act on Data Protection applies to sports federations
The Swiss Federal Act on Data Protection (FADP) entered into force in September 2023 and aims to bolster overall data protection in Switzerland and harmonize its provisions with the GDPR. This article examines how the new law applies to intern…

Professional golf at a crossroads: what next for the PGA Tour & LIV Golf?
It’s been a year since the shocking announcement in June 2023 that the PGA Tour[1] and LIV Golf[2] had settled their antitrust litigation[3] and, with the DP World Tour (the European Tour), had entered a Framework Agreement to create a “global golf…

Legacy of success: The transformative impact of the 2023 FIFA Women’s World Cup on Australian sport
5 minutes. That’s all it took for the now legendary purple jersey worn by the Australian (Matildas) goalkeeper Mackenzie Arnold during the 2023 FIFA Women’s World Cup (2023 World Cup) to sell out following its first online release at 12pm on Tuesday…

Surf’s up in Puerto Rico! Helping smaller nations host world-class sporting events
When it comes to major sporting events, it is often the same global states that end up with the hosting rights. The Summer Olympic Games has been hosted by the United States four times (1904, 1932, 1984 and 1996), soon to become a fifth with the Los…

Breaking barriers: commercialising women's sports in a new era of visibility and growth
Women’s sport, and the commercialisation of its rights, is at a crucial crossroads in its development. The exponential growth in the viewership and visibility of women’s sport in recent years has been widely reported and rightly celebrated. As cover…

Why you need to get your ads right - Three not-so-randomised ASA rulings on loot boxes
On 20 March 2024, the Advertising Standards Authority (ASA) upheld complaints against three separate social media ads for online games that failed to disclose the inclusion of loot boxes. All three complaints were made by Leon Y. Xiao, a PHD Fellow…

Women’s football in 2024 - A year of growth and overcoming challenges
“After this FIFA Women’s World Cup women’s football is going to explode in every single one of your countries.” – Dame Sarai Bareman, Chief Women’s Football Officer, FIFA.1
The 2023 FIFA Women’s World Cup took place between 20 July to 20 August 202…

Football clubs beware! A guide to the Financial Conduct Authority’s rules on promoting cryptoassets
The presence of cryptoassets in football has undoubtedly sparked both intrigue and caution among football stakeholders. As Matt Santer noted in a previous LawInSport Article, [1] “almost every sporting event now has, at the very least, dipped a toe…

The battle for live sports data - IMG Arena score first in dispute with Perform
Such is the value of live sports data, that the English courts are very familiar with disputes concerning related rights. Many of the leading sports data suppliers have had claims and cross claims against each other heard in the courts over the past…

100% renewable energy powers Super Bowl LVIII - How other teams can follow in the Raiders’ footsteps
Before anyone even set foot onto the field, Super Bowl LVIII had already have made history. Not because of the quarterbacks, players, coaches, fans or even Taylor Swift, but thanks to the stadium itself.
The championship game between the 49ers and…

Star value in the NFL – IP issues from the blossoming relationship between Taylor Swift & Travis Kelce
The complex interplay between sports, celebrity relationships, and law is by no means a new phenomenon; but has recently taken centre stage through the news that global pop icon Taylor Swift is romantically linked to NFL star and Kansas City Chiefs…

The Future Of NFTs In Sports – The Situation After The Hype
The "Gartner Hype Cycle"1 describes a cycle that new technologies usually go through when they are introduced to the attention of the general public. According to this model, the introduction of a technological innovation is often followed by consid…

Game Plan: How Sports & Betting Can Prepare For The Coming Cybersecurity Battle
Strategy plus ability on the field; loyalty plus trust in the stands. This is a formula for winning and for profits; but without a comprehensive data security and privacy strategy, both professional and college sports teams, venues and betting esta…

How The Value Of European Football Clubs Compare To American Sports Teams
This article explores the similarities and differences between European and American league structures and business models, and their influence on the values of teams competing in these leagues:
Overview
The League Structures – Pyramids vs Confe…

How overseas sports stars are taxed in the UK
With the recent men’s and women’s football World Cups complete, the wait for the next tournament has begun. Tournaments of this scale in any sport take years of planning and financing from governing bodies and the countries throwing their hat in the…

Faces in the crowd: Legal considerations for use of facial recognition technology at sports arenas
Originally Published 29 August 2018; Updated 2 June 2023. Authored by: Eva Pulliam, Mariam Chamilova and Richard L. Brand
Facial recognition technology is being employed in increasingly creative ways to analyze crowd demographics and improve the f…

Game On: Licensing Sports Content For Video Games
The way consumers engage with and consume entertainment content is constantly shifting, with recent trends showing a desire for more immersive, personalised experiences which can be accessed across multiple channels and multiple screens[1]. Whilst t…

The Question Of Foreign Ownership In English Football – Assessing The Potential Manchester United Takeover
It may be a function of “always on” social media platforms, wall-to-wall sports reporting and the associated need to fill copy (and to some extent create “clickbait”), but it feels like English football has never had as much scrutiny or interest in…

Will The “Fit And Proper Custodians” Test Improve English Football?
On 23 February 2023, the Government published its white paper on “A sustainable future – reforming club football governance” (White Paper).1 The White Paper sets out the government’s comprehensive plan to introduce an independent regulator for profe…

Crypto In Sport - Key Legal Resources On NFTs, Cryptocurrencies, Fan Tokens & The Metaverse
Crypto markets have grown significantly in recent years and penetrated the sports industry in a host of different ways. Most noticeably, perhaps, has been the enthusiastic production of NFTs across many sports, starting with the high-profile NBA Top…

Can retired footballers appear in gambling ads?
On 1 October 2022, the UK advertising codes, the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (“CAP Code") and the UK Code of Broadcast Advertising (“BCAP Code”), were updated to impose tighter restrictions on the cont…

Protecting Safeguarding Data – A Guide For UK Sports Clubs
Safeguarding is critically important for sports organisation and their participants. That said, it can be difficult for people working in sports organisation to know how they should process and store safeguarding data.
Safeguarding…

Cooperation In Staging Major Sports Events - Why Is Compromise Becoming So Tricky?
Last November in Glasgow, leading executives from the global major events industry met at the first in-person ‘Host City’ conference since the pandemic. The theme of the conference was exploring the new realities for major events in the post-COVID e…

An analysis of the trends of private equity investment in sport
With the news that Liverpool FC has been put up for sale by its owners (or at the least ready to take on new shareholders (and with Redbird capital already a shareholder)), this may be a timely moment to consider the increased interest in the sporti…

Investing In Brazilian Football – Opportunities & Risks Under The New Legal Regime
Brazil, “o país do futebol”, is arguably the country most synonymous with football. Yet despite the national team’s continuous success, and some of the largest, most ardent, fan bases in the world, Brazilian football clubs trail European clubs signi…

Trademarked For Success – What Can Athletes Learn From Usain Bolt’s Legendary Victory Celebration?
All of us who watched the 2008 Beijing Olympics will remember a few standout snapshots of Usain Bolt’s 100m final: a cheeky turn to see the abyss opening up between him and his fellow finalists; his outstretched arms and slap to the chest before cro…

Pitch In For Ukraine: How Charitable NFT Projects Work & The Role Of The Fiscal Sponsor
The authors were instructed by the project coordinator of the Pitch In For Ukraine1 programme and campaigns in relation to rights licensing agreements with Ukrainian Premier League clubs including leading teams such as Shakhtar Donetsk, FC Dnipro an…

Can Football Contracts Be Changed Or Varied Mid-Term? If So, What Can Players Do About It?
In 2020, Barcelona and Frenkie De Jong agreed a contract renewal which included an additional two-year contract extension that would keep the Barcelona player at the Nou Camp until 2026. De Jong (as did many at the club) agreed to take a pay cut dur…

Financial Woes: What Worcester Warriors & London Wasps' Struggles Mean For English Rugby
Wasps Holdings Limited, the holding company of London Wasps RFC (Wasps), filed a notice of intention to appoint administrators[1] in September 2022. Only a few days later, Worcester Warriors RFC (Worcester) were placed into administra…

How Professional Football Clubs Are Incorporated & Governed In France
In recent times, French soccer clubs seem to have attracted investment attention and are regarded as having a lot of economic potential. With the recent takeovers of the soccer clubs of Angers and Lyon by American investments funds, more than half o…

Metaverses – A Brave New World for Sports Brands?
If you picture the seemingly limitless world of social media as a place for brands to promote themselves, metaverses may be viewed as the further merging of two spheres: gaming and digital communities.
The so-called ‘Web3’ revolution (see below) is…

Negotiating athlete endorsement agreements in India
The Indian sports industry and the surrounding eco-system has undergone a substantial economic transformation in the past two decades. This change can be largely attributed to the advent of franchise-based professional sports leagues in India, comme…

How To Launch An NFT – Key Tips For Sports Organisations
We may be in the middle (or the beginning) of a ‘crypto winter’ – but brands and organisations of all sizes are continuing to explore ideas for launching non-fungible tokens (NFTs). From digital collectibles and NFT season tickets, to fan tokens and…

Artificial Intelligence In Football - Current Uses & Contracting Tips For Clubs
From assisting referee decisions, to improving physical performance and predicting future injuries, to producing and implementing tactics, artificial intelligence is pervading more and more aspects of the footballing world.
Most recently, FIFA and…
How generative AI is impacting athlete image rights and endorsement agreements
Whilst the birth of artificial intelligence (AI) can be traced back to the 1940’s, we have seen an explosion in the widespread use of Generative AI in the last few years with the introduction of publicly available tools, such as ChatGPT, Midjourney…
Will FIBA’s regulation of agents’ fees really help protect basketball clubs & players from undue influence?
FIBA’s recent amendments to its Internal Regulations, which came into force on 5 December 2024,[1] have once again reshaped the framework governing the relationship between players, agents, and clubs. These amendments removed the exception that prev…
A guide to the key legal & commercial provisions in stadium and arena naming rights deals
This article explains the key legal and commercial provisions in modern sports venue and stadia naming deals. Although the focus is on the UK, the provisions addressed will be relevant to most sports organisations and sponsors:
Background…
Navigating sports investments: a deep dive into NFL vs. Premier League opportunities
This article examines how to legally navigate investment opportunities in the global sports market. It explains how to assess the high-level legal and regulatory landscape for investment, before identifying key legal clauses to negotiate during a de…
Future-proofing esports: a look ahead to the key legal issues facing the esports industry
The evolving ecosystem of esports is not only a hub for groundbreaking technology and entertainment, but also a burgeoning field fraught with intricate legal and regulatory challenges. As the industry accelerates towards a projected value of USD11.9…
A guide to the legal due diligence process when buying a football club
Sales of football clubs, particularly Premier League clubs, is always headline news. Fans often get frustrated by the amount of time it takes to complete a sale process. For instance, the Everton FC sale was only finalised in December 2024 after the…
F1 at a crossroads? FIA and Liberty Media’s battle for pole position on commercial rights
Liberty Media, the current commercial rights holder of Formula One (F1), and the Fédération Internationale de l'Automobile (FIA), F1's governing body, have recently been engaged in a power struggle for control of the sport. This escalated to a point…
Olympic ambitions and legal transitions: India's sporting landscape in 2024
2024 in Indian sports law was a year dominated by India’s Olympic performance and its future aspirations. On the back of an under par campaign from the Indian contingent at the Paris 2024 Olympic Games and the country’s formal statement of intent to…
Reputational risks for football clubs: Effective strategies for mitigating harm
In the high-stakes world of professional football, a club’s reputation is invaluable. It can potentially affect everything from sponsorship deals to fan loyalty[1]. Maintaining a good reputation is therefore crucial, although it can be c…
Valuing 'The Hundred': How will prospective investors evaluate cricket’s newest franchise?
As the nights draw in and the weather begins to turn cooler (and wetter), many will be feeling a sense of sadness at the end of another long and eventful domestic cricket season. The competition is about to hot up, however, when it comes to th…
A guide to the commercial arbitral institutions increasingly used for sports disputes
This article discusses the growing trend of sports disputes being referred to non-sports specific arbitral tribunals. It highlights the difference between the seat and venue of an arbitration, before examining several notable commercial arbitral ins…
How interactive entertainment is impacting the sports industry
The keynote conversation from SportAccord 2024 provided a fantastic insight into how interactive entertainment is impacting the sports industry. The keynote discussion between Mark Rein, who is Vice President and Co-founder of Epic Games, and Nate N…
How the UK’s code of conduct for gambling related agreements in football impacts clubs and sponsors
Before clubs are able to collaborate with these gambling brands there are a lot of factors to consider. These range from ethical and reputational implications to regulatory compliance and the potential repercussions from supporters and other stakeho…
Rugby Union icon vs a shot at the NFL: Louis Rees-Zammit & the financial incentives for switching sports
If you’re like us, Sunday 8 September felt like Christmas Day. The National Football League (NFL) is back and the first couple of weeks have already provided plenty of drama and talking points. Just before the season began, one of those…
Battle lines drawn: Florida State University’s continuing withdrawal lawsuit against Atlantic Coast Conference
On December 22, 2023, Florida State University (FSU) issued a lawsuit[1] against the Atlantic Coast Conference (ACC), challenging the conference's ‘grant of rights’ agreement and related withdrawal penalties. The lawsuit - filed in the Circuit Court…
An introduction to insurance policies, risk transfer and the law for modern sports organisations
The importance of risk analysis and risk transfer to support business strategy cannot be overstated. Businesses in the sports sector are no different from other industry sectors in this regard. However, because the sector receives a grea…
How the Swiss Federal Act on Data Protection applies to sports federations
The Swiss Federal Act on Data Protection (FADP) entered into force in September 2023 and aims to bolster overall data protection in Switzerland and harmonize its provisions with the GDPR. This article examines how the new law applies to intern…
Professional golf at a crossroads: what next for the PGA Tour & LIV Golf?
It’s been a year since the shocking announcement in June 2023 that the PGA Tour[1] and LIV Golf[2] had settled their antitrust litigation[3] and, with the DP World Tour (the European Tour), had entered a Framework Agreement to create a “global golf…
Legacy of success: The transformative impact of the 2023 FIFA Women’s World Cup on Australian sport
5 minutes. That’s all it took for the now legendary purple jersey worn by the Australian (Matildas) goalkeeper Mackenzie Arnold during the 2023 FIFA Women’s World Cup (2023 World Cup) to sell out following its first online release at 12pm on Tuesday…
Surf’s up in Puerto Rico! Helping smaller nations host world-class sporting events
When it comes to major sporting events, it is often the same global states that end up with the hosting rights. The Summer Olympic Games has been hosted by the United States four times (1904, 1932, 1984 and 1996), soon to become a fifth with the Los…
Breaking barriers: commercialising women's sports in a new era of visibility and growth
Women’s sport, and the commercialisation of its rights, is at a crucial crossroads in its development. The exponential growth in the viewership and visibility of women’s sport in recent years has been widely reported and rightly celebrated. As cover…
Why you need to get your ads right - Three not-so-randomised ASA rulings on loot boxes
On 20 March 2024, the Advertising Standards Authority (ASA) upheld complaints against three separate social media ads for online games that failed to disclose the inclusion of loot boxes. All three complaints were made by Leon Y. Xiao, a PHD Fellow…
Women’s football in 2024 - A year of growth and overcoming challenges
“After this FIFA Women’s World Cup women’s football is going to explode in every single one of your countries.” – Dame Sarai Bareman, Chief Women’s Football Officer, FIFA.1
The 2023 FIFA Women’s World Cup took place between 20 July to 20 August 202…
Football clubs beware! A guide to the Financial Conduct Authority’s rules on promoting cryptoassets
The presence of cryptoassets in football has undoubtedly sparked both intrigue and caution among football stakeholders. As Matt Santer noted in a previous LawInSport Article, [1] “almost every sporting event now has, at the very least, dipped a toe…
The battle for live sports data - IMG Arena score first in dispute with Perform
Such is the value of live sports data, that the English courts are very familiar with disputes concerning related rights. Many of the leading sports data suppliers have had claims and cross claims against each other heard in the courts over the past…
100% renewable energy powers Super Bowl LVIII - How other teams can follow in the Raiders’ footsteps
Before anyone even set foot onto the field, Super Bowl LVIII had already have made history. Not because of the quarterbacks, players, coaches, fans or even Taylor Swift, but thanks to the stadium itself.
The championship game between the 49ers and…
Star value in the NFL – IP issues from the blossoming relationship between Taylor Swift & Travis Kelce
The complex interplay between sports, celebrity relationships, and law is by no means a new phenomenon; but has recently taken centre stage through the news that global pop icon Taylor Swift is romantically linked to NFL star and Kansas City Chiefs…
The Future Of NFTs In Sports – The Situation After The Hype
The "Gartner Hype Cycle"1 describes a cycle that new technologies usually go through when they are introduced to the attention of the general public. According to this model, the introduction of a technological innovation is often followed by consid…
Game Plan: How Sports & Betting Can Prepare For The Coming Cybersecurity Battle
Strategy plus ability on the field; loyalty plus trust in the stands. This is a formula for winning and for profits; but without a comprehensive data security and privacy strategy, both professional and college sports teams, venues and betting esta…
How The Value Of European Football Clubs Compare To American Sports Teams
This article explores the similarities and differences between European and American league structures and business models, and their influence on the values of teams competing in these leagues:
Overview
The League Structures – Pyramids vs Confe…
How overseas sports stars are taxed in the UK
With the recent men’s and women’s football World Cups complete, the wait for the next tournament has begun. Tournaments of this scale in any sport take years of planning and financing from governing bodies and the countries throwing their hat in the…
Faces in the crowd: Legal considerations for use of facial recognition technology at sports arenas
Originally Published 29 August 2018; Updated 2 June 2023. Authored by: Eva Pulliam, Mariam Chamilova and Richard L. Brand
Facial recognition technology is being employed in increasingly creative ways to analyze crowd demographics and improve the f…
Game On: Licensing Sports Content For Video Games
The way consumers engage with and consume entertainment content is constantly shifting, with recent trends showing a desire for more immersive, personalised experiences which can be accessed across multiple channels and multiple screens[1]. Whilst t…
The Question Of Foreign Ownership In English Football – Assessing The Potential Manchester United Takeover
It may be a function of “always on” social media platforms, wall-to-wall sports reporting and the associated need to fill copy (and to some extent create “clickbait”), but it feels like English football has never had as much scrutiny or interest in…
Will The “Fit And Proper Custodians” Test Improve English Football?
On 23 February 2023, the Government published its white paper on “A sustainable future – reforming club football governance” (White Paper).1 The White Paper sets out the government’s comprehensive plan to introduce an independent regulator for profe…
Crypto In Sport - Key Legal Resources On NFTs, Cryptocurrencies, Fan Tokens & The Metaverse
Crypto markets have grown significantly in recent years and penetrated the sports industry in a host of different ways. Most noticeably, perhaps, has been the enthusiastic production of NFTs across many sports, starting with the high-profile NBA Top…
Can retired footballers appear in gambling ads?
On 1 October 2022, the UK advertising codes, the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (“CAP Code") and the UK Code of Broadcast Advertising (“BCAP Code”), were updated to impose tighter restrictions on the cont…
Protecting Safeguarding Data – A Guide For UK Sports Clubs
Safeguarding is critically important for sports organisation and their participants. That said, it can be difficult for people working in sports organisation to know how they should process and store safeguarding data.
Safeguarding…
Cooperation In Staging Major Sports Events - Why Is Compromise Becoming So Tricky?
Last November in Glasgow, leading executives from the global major events industry met at the first in-person ‘Host City’ conference since the pandemic. The theme of the conference was exploring the new realities for major events in the post-COVID e…
An analysis of the trends of private equity investment in sport
With the news that Liverpool FC has been put up for sale by its owners (or at the least ready to take on new shareholders (and with Redbird capital already a shareholder)), this may be a timely moment to consider the increased interest in the sporti…
Investing In Brazilian Football – Opportunities & Risks Under The New Legal Regime
Brazil, “o país do futebol”, is arguably the country most synonymous with football. Yet despite the national team’s continuous success, and some of the largest, most ardent, fan bases in the world, Brazilian football clubs trail European clubs signi…
Trademarked For Success – What Can Athletes Learn From Usain Bolt’s Legendary Victory Celebration?
All of us who watched the 2008 Beijing Olympics will remember a few standout snapshots of Usain Bolt’s 100m final: a cheeky turn to see the abyss opening up between him and his fellow finalists; his outstretched arms and slap to the chest before cro…
Pitch In For Ukraine: How Charitable NFT Projects Work & The Role Of The Fiscal Sponsor
The authors were instructed by the project coordinator of the Pitch In For Ukraine1 programme and campaigns in relation to rights licensing agreements with Ukrainian Premier League clubs including leading teams such as Shakhtar Donetsk, FC Dnipro an…
Can Football Contracts Be Changed Or Varied Mid-Term? If So, What Can Players Do About It?
In 2020, Barcelona and Frenkie De Jong agreed a contract renewal which included an additional two-year contract extension that would keep the Barcelona player at the Nou Camp until 2026. De Jong (as did many at the club) agreed to take a pay cut dur…
Financial Woes: What Worcester Warriors & London Wasps' Struggles Mean For English Rugby
Wasps Holdings Limited, the holding company of London Wasps RFC (Wasps), filed a notice of intention to appoint administrators[1] in September 2022. Only a few days later, Worcester Warriors RFC (Worcester) were placed into administra…
How Professional Football Clubs Are Incorporated & Governed In France
In recent times, French soccer clubs seem to have attracted investment attention and are regarded as having a lot of economic potential. With the recent takeovers of the soccer clubs of Angers and Lyon by American investments funds, more than half o…
Metaverses – A Brave New World for Sports Brands?
If you picture the seemingly limitless world of social media as a place for brands to promote themselves, metaverses may be viewed as the further merging of two spheres: gaming and digital communities.
The so-called ‘Web3’ revolution (see below) is…
Negotiating athlete endorsement agreements in India
The Indian sports industry and the surrounding eco-system has undergone a substantial economic transformation in the past two decades. This change can be largely attributed to the advent of franchise-based professional sports leagues in India, comme…
How To Launch An NFT – Key Tips For Sports Organisations
We may be in the middle (or the beginning) of a ‘crypto winter’ – but brands and organisations of all sizes are continuing to explore ideas for launching non-fungible tokens (NFTs). From digital collectibles and NFT season tickets, to fan tokens and…
Artificial Intelligence In Football - Current Uses & Contracting Tips For Clubs
From assisting referee decisions, to improving physical performance and predicting future injuries, to producing and implementing tactics, artificial intelligence is pervading more and more aspects of the footballing world.
Most recently, FIFA and…
Not A Level Playing Field: Drafting And Interpreting Force Majeure Clauses Post Covid-19
Why are the European Professional Club Rugby v RDA Television1 and Football Association Premier League v PPLive Sports International2 cases of interest?
One recent case relates to rugby, the other relates to football. …
Athlete Investors: How To Structure Rights In An Early Stage Venture Deal
This article provides insights into a recent trend popular among athletes: the rise of the athlete tech investor.
It takes a high-level look at the various structures that deals can take, and examines how athletes can negotiate rights when pa…
Advertising “cryptoassests” the right way - lessons from the Arsenal ASA ruling
Cryptoassets (including Fan Tokens, digital currencies) have enjoyed an enormous surge in popularity over the past 12 months, which has given rise to both caution and intrigue in equal measure. It is now increasingly difficult to avoid encountering…
The Requirements For Investing, Owning And Running A Professional Football Club In Spain (LaLiga)
There have not yet been any independent reports into regulation of Spanish football such as the one led by the Conservative MP Tracey Crouch[1] (The Fan-Led Review of Football Governance). However, since the introduction of the Economic Control regu…
Why Does Luxembourg Still Not Have A Professional Football League?
While the entire football world is looking at the Super League dispute and how it could eventually shape the future organization of football in Europe, Luxembourg football clubs still haven’t decided on having a professional football league.
Even w…
A Guide For Sports Organisations To Partnering With A Cryptocurrency Provider
One of the most noticeable trends in the sporting world since the emergence of COVID is the increased prominence of cryptocurrency brands in the world of sports sponsorship. According to Nielsen’s Global Interactive Marketing Report,[1] investment b…
The Lifecycle Of An International Athlete – Negotiating Sponsorship & Endorsements Deals
This blog in our series for international athletes explains the key points to consider when entering into sponsorship and endorsement deals or merchandising agreements.
Most athletes in most sports have relatively few years at the top.&n…
The Lifecycle Of An International Athlete - Navigating The UK Property Market
Wherever you wish to buy or rent a home, signing any contract relating to property is a risky business and the UK is no exception.
In this blog in our series for overseas athletes and their advisers, residential property expert Duncan Taylor outlin…
LawInSport Roundtable: The Key Legal Themes On NFTs In Sport
LawInSport recently hosted a private Roundtable discussion under Chatham House Rules in conjunction with leading law firm, Armstrong Teasdale. The Roundtable brought together professionals from across the sports, esports and crypto communities…
Panel Summary - Commercialising Digital Assets: Opportunities & Threats From New Digital Revenue Streams for NFTs
Football clubs are interested in exploring new revenue streams, particularly in response to the league shutdowns and game cancellations caused by the pandemic. One of those revenue streams is digital assets. LawInSport’s Football Law Conference 2021…
Legal Rights In Performance Data: Why Athletes Need To Dig Down For Data Mining
Professional athletes are used to leveraging the law to protect themselves, whether that is their likeness, name, financial arrangements, or private lives. But what about protection from the exploitation of statistics regarding their fitness, traini…
Key Sports Law Cases & Developments Of 2021 – Europe
As we come to the end of a turbulent and challenging year, we wanted to take the opportunity to highlight the important legal cases and developments from the world of sports law of 2021.
Therefore, we invited members of our…
Key Sports Law Cases And Developments Of 2021 – Asia, Africa & Oceania
As we come to the end of a turbulent and challenging year, we wanted to take the opportunity to highlight the important legal cases and developments from the world of sports law of 2021.
Therefore, we invited members of our…
Key Sports Law Cases And Developments Of 2021 – UK & Ireland
As we come to the end of a turbulent and challenging year, we wanted to take the opportunity to highlight the important legal cases and developments from the world of sports law of 2021.
Therefore, we invited members of our…
Football Club Financing: Why 'Mini-Bonds' Are In Trend
With football clubs looking for new ways to raise funds through debt and equity financing (see LawInSport article series by Michael Savva and Stuart Bolton[2]), there has been an upsurge in the issuance of mini-bonds by clubs. These mini-bonds…
Bitcoin Payments In Sport - The Opportunities And Risks For Clubs And Players
Bitcoin was first introduced to the world on 31 October 2008 through the ‘White Paper’[1] published online by its pseudonymous creator, Satoshi Nakamoto. On 22 May 2010, Laszlo Hanyecz (in Florida) infamously[2] agreed to pay 10,000 Bitcoins for two…
Fan Tokens And The Sport Industry: Key Legal And Commercial Risks
What do the Caribbean Premier League, FC Barcelona, Everton FC, the Ultimate Fighting Championship (UFC) and the Aston Martin Cognizant Formula One team all have in common? They have all recently launched their very own Fan Token via Socios.com.
Fa…
Cultivating Culture Through Commoditisation: Why NFTs Present An Unparalleled Opportunity For The Sports Sector
In 2019, the National Basketball Association (NBA) and the National Basketball Players Association (NBPA) partnered with Dapper Labs, a production studio specialising in blockchain technology. At that stage, few could have anticipated the impa…
The Future Of Sports Broadcasting In UAE: Reimagining Rights Agreements & Collaborating With The Competition
Like many market sectors in the past year and a half, sports broadcasting has suffered unprecedented chaos as a result of the pandemic. Premium live sports events have been cancelled or held with restrictions, which in turn has left viewers re…
What is the "black-out" rule in football and is it lawful?
This article was originally published on 19 December 2018 and has been completely revamped and updated for accuracy and comprehensiveness.
Article 48 of the UEFA Statutes, otherwise known as the “black-out rule”, exists to protect football fans and…
Sport and commercial law – the year in review 2020/21
In a year where our transformed working patterns have been made possible by modern technology, it seems apt for the theme of this year’s commercial chapter to be the impact of technology on the sports sector.
This impact has manifested itself in a…
Football Law 2021 Panel Summary: Legal Considerations When Financing Football Clubs
On 24 May 2021, LawInSport’s Football Law Conference 2021, brought together a panel of experts to discuss ‘Finance: Legal Consideration When Financing Clubs’. Topics included:
the various forms of raising finance that clubs undertake;
the…
Stocks, Bonds, Gold...Sport? Is Sport Now An Alternate Asset Class For Investors?
Whilst sport globally, from football to the Olympics Games, has been severely impacted by the global pandemic, structural and regulatory changes, as well as disruptive technology and market forces, have led to increased investor appetite, mainly but…
What Effect Could The Unionisation Of Influencers Have On Gaming Content Creators (Inc. Sports Stars)?
The Screen Actors Guild - American Federation of Television and Radio Artists (SAG – AFTRA) is a body that represents approximately 160,000 media professionals who produce content across a variety of mediums and platforms. Recently, they have…
How Brexit Affects Sports Broadcasting In The UK And Europe
Even before the Brexit vote, the UK broadcasting industry has in recent years been faced with a high degree of legal and regulatory change and upheaval. Media rights to sports properties have traditionally been sold on a territorial basis, with a di…
Game Theory & The Beautiful Game: Ibrahimovic, EA Sports And Collective Bargaining Of Image Rights
The late Wilt Chamberlain was one of the greatest basketball players to ever grace the NBA[1]. Some, including Wilt himself, argued that Chamberlain was even better than the man most commonly regarded as the GOAT, Michael Jordan. But, if…
An Introduction To The ELF - Europe's New Professional American Football League
Recently, a stir was caused by a press release[1] announcing plans to launch the European League of Football (ELF). From June 2021 onwards, a professional American football league in Europe will commence its first season, with eight teams from…
Sports Stadia Development & The Dangers Of Restrictive Covenants: Lessons from the Bath Rugby Club Case
A recent case[1] affecting Bath Rugby Club may mean that the club has to abandon its plan to build a new 18,000 seater stadium.
The High Court has held that the land which Bath Rugby Club occupies on a long lease is subject to a historic rest…
The College Athletes Bill Of Rights: The (Potential) Future Of U.S. Collegiate Sports Regulation
In the waning weeks of 2020, Senators Cory Booker (Democrat-New Jersey) and Richard Blumenthal (Democrat-Connecticut) introduced the College Athletes Bill of Rights[1](CABOR), legislation that promised to fundamentally overhaul the regulation and ov…
A summary of the esports panel at LawInSport’s 6th annual conference
The ‘future legal and regulatory challenges in esports’ panel took place on 10 November 2020. This article summarises the main discussion points. The speakers were:
Daniel Kozelko, Barrister, 39 Essex Chambers (Chair)
Andrew Cooke, Ge…
Claiming commission on football sponsorship deals: lessons for agencies & clubs from Winlink v Liverpool FC
By sponsoring an English Premier League club companies can promote themselves to a loyal audience of over three billion people. It is not surprising that many are prepared to pay handsomely for the privilege.[1]The value of sponsorship deals h…
Key trends in sports broadcasting: does the model really need to change?
LawInSport discussed the current state of media rights in sport with a number of leading industry experts to examine whether or not the model really needs to change, and the trends that we might see develop over the coming years.
………………
Name, image & likeness rights in the NCAA: the evolving legal landscape for college athletes
The college sports arms race has taken on many different forms over the years ranging from lavish facilities dedicated to all aspects of the athlete experience to expanded coaching and administrative staffs designed to improve athlete performance…
How would a private equity firm invest in the English Football League?
Private equity firm, CVC Capital Partners (CVC), has had a relatively long affiliation with sport including Moto GP and Formula One. Now the buyout firm is developing an investment model that takes minority stakes in other sporting competitions, exe…
Indian football’s roadmap to reform: how the ISL and I-League will work together
When one thinks of India and sport in a single frame, cricket is the first thing that comes to mind. But what of football? Football in India has developed over the last decade to a certain (if not significant) extent, both at the grassroot an…
Artificial intelligence in sports – the legal and ethical issues at play
Artificial intelligence (AI) is becoming increasingly more important in our daily professional and social lives. One sector in which AI-systems are frequently being used is sports[1], to assist in everything from training to scouting to tactical dec…
A sleeping giant: insights into Nigeria’s emerging esports industry
Esports in Nigeria is looking up and the professional esports community has made commendable strides. Competition-wise, Nigerian teams are hoping to position the country as an esports hub and a force to be reckoned with. The recently concluded 2020…
Formula 1 and esports in the time of Coronavirus
The first half of 2020 has seen the cancellation of a great number of internationally-renowned sporting events because of the COVID-19 (Coronavirus) outbreak. All sports, from football to tennis and from basketball to motorsports, have been disrupte…
How the UAE sports sector is adapting to COVID-19
The world before covid-19 seems a long time ago[1]. Any way you choose to look at the global sports and events sector, as we have just passed the halfway mark, 2020 has already been a year of monumental disruption[2]. Competitions in mos…
How has California’s “Fair Pay to Play” Act changed college sport, if at all?
In September 2019, California Governor Gavin Newsom signed Senate Bill 206 (SB 206), the Fair Pay to Play Act (the Act), into law. [1] The Act, which is not scheduled to become law until January 1, 2023,[2] grants college athletes in California the…
Cash is king: Covid-19 leaves sports clubs scrutinising their business in pursuit of cash flow
The sports industry has been on an ever-upwards trajectory in recent years, especially at the top of the sports pyramid. KPMG recently valued[1] the top 32 European football clubs at €35.6 billion in aggregate. On the other side of the pond, Forbes…
A guide to the US models for Major League Soccer and United Soccer League
Many fans may not know that soccer has a long history in the United States. The first US soccer league was established in 1884, making it one of the oldest sports leagues in the country, second only to the National League of Baseball. Soccer was so…
Why ‘industry status’ could boost sport in India
Over the past many years, India has been celebrated as a powerhouse of cricketing talent, consistently producing some of the best cricketers in the world. However, beyond cricket, barring a few individuals who have had some success in competitive sp…
Belgian Football Association's new national clearing house and intermediaries’ regulations
On 1 July 2020, the Belgian Football Association published a new edition of its national regulations on working with intermediaries (the Belgian Regulations).[1] The Belgian Regulations not only implement FIFA’s regulations on working with intermedi…
COVID-19: four key legal issues for Philippine sports organisations to consider on return to play
After more than two months of slumber, Philippine sports is slowly making a comeback. Of course, this comeback won’t be as quick and easy as sending a fax that says, “I’m back.” There are a lot of challenges that Philippine sports has to hurdle to g…
Sport and commercial law – the year in review 2019/20
At the time of writing, it is hard to reflect on a pre-Covid-19 world in which recent deal history would be a cause for bullish optimism about the commercial value of sport. However, rewind to early 2020 and the activity in media rights, sponsorship…
Play by play – an introduction to esports, monetisation and IP rights
The Covid-19 pandemic brought traditional sport, on a global scale, to a standstill. As governments sought to control the spread of the virus, high profile leagues and tournaments (both international and national) around the world were cancelled, su…
Covid-19: the challenges and opportunities facing Spain’s sports industry
Covid-19 is having an enormous social and economic impact and the global sports industry is not immune. Regardless of the sport, the country or the magnitude of the competition, the last two months have seen a continuous trickle of temporary postpon…
COVID-19: Switzerland plans financial support to help international sports federations
At the outbreak of the health and economic crisis in March 2020, the Swiss Government enacted various provisions of general reach to try to tackle the cashflow issues faced by many domestic business sectors, including sports and leisure. The provisi…
A guide to Financial Fair Play and the ability of European football clubs to raise finance (Part 1)
This article was first published in February 2013 and last updated on 14 May 2020.
Since their inception in 2010, UEFA’s Club Licensing and Financial Fair Play Regulations[1] (the UEFA FFP Regulations) have been adapted and the football financing l…
COVID-19: can esports help mitigate the impact on traditional sports?
Following the initial shock of Covid-19, reflected in the widespread cancellation of live events and leagues across the world, many ‘traditional sports’[1] have turned to esports as a way of mitigating the damage caused by the pandemic[2]. Some were…
Why Nigeria’s new crowdfunding rules may prove an attractive option for sports teams
One issue hindering the growth of sport clubs in Nigeria is the lack of adequate funding (for projects small and large). The main reason for this is that most sports clubs are founded and managed by the State, which does not generally share th…
How Italy is tackling ambush marketing ahead of UEFA 2021 & 2026 Winter Olympics
How would you define the marketing strategy of surreptitiously promoting a brand within the context of a popular (most often sports-related) event thus creating in the public mind a false implication of sponsorship, yet without the consent of the ev…
COVID-19: a guide to Australia’s main legal changes for sporting organisations
The COVID-19 pandemic has had, and will continue to have, a major impact on sport in Australia. Competitions and events have been cancelled or postponed; revenue streams and commercial arrangements have been disrupted; and participation in and…
State aid in Spanish football - EU General Court annuls European Commission decision on Valencia CF & Elche CF
Between 2009 and 2011, the Instituto Valenciano de Finanzas - the financial institution of the Region of Valencia in Spain - granted a number of guarantees to the football club foundations to cover bank loans taken to finance an increase of the capi…
COVID-19: the impact of postponing or cancelling sports events in India
With the rapid spread and dangers to public health posed by COVID-19, governments across the world have implemented social distancing measures and travel constraints across the earlier months of this year, with these measures intensifying into lock-…
COVID-19: how is esports coping compared to traditional sports?
Covid-19 has brought the world of traditional sport[1] to a standstill. From cancellation of major leagues across the world to the postponement of the Tokyo 2020 Olympics, the virus has been relentless[2]. Esports has not been immune to Covid-19’s r…
COVID-19: practical guidance for those affected by cancelled sports events in Germany
Like virtually all football leagues worldwide, the German Bundesliga (DFL) has suspended the ongoing season[1] until at least the end of April and is contemplating, together with the German Football Association (DFB), options including ending the se…
COVID-19: 10 legal considerations of extending the football season in England
The outbreak of Covid-19 has caused significant turmoil to sport globally and football in particular has a multitude of issues to work out in a landscape which is changing on almost a daily basis.
Following the recent emergency meeting with The FA…
Win-win: a progressive approach to maternity & paternity rights for professional athletes
Many employers consider family-friendly benefits, such as paid parental leave or child-care, to be a cornerstone of recruitment and retention. For example, Diageo (the UK beverage company) recently introduced a new global policy offering…
COVID-19: the impact on players’ contractual rights & obligations (key principles from case law)
It has been two months since the Chinese Basketball Association (CBA) postponed subsequent games of its 2019-20 season following the coronavirus outbreak.[1] Three weeks later, the Chinese Super League (football) followed the same path and indefinit…
Rule 40 in France: limited new opportunities for partners & sponsors of French athletes
After Germany, Australia, the USA and Great Britain, France recently followed suit to relax its application of Rule 40 of the Olympic Charter. Thus, for the first time in the history of the Olympic Games, the members of the French Olympic team will…
COVID-19: a high level review of the impact on sports events, teams and ticketholders
The coronavirus (Covid-19) outbreak that began in Wuhan, China in December 2019 and spread at a rapid pace, has now infected hundreds of thousands of people and claimed thousands of lives. It has spread throughout the globe and continues to grow in…
COVID-19: sport and the law of frustration and force majeure
The decision of the English Premier League, Football League and the Scottish FA to suspend football matches as a result of corona virus is the latest in a series of unprecedented responses to the global pandemic. This article discusses the legal iss…
How to choose, protect and enforce trade marks as a professional athlete: the view from Germany
Professional athletes are icons to billions of people in the world. Like other celebrities, they (and their agents) put a lot of work and effort into building and upholding a reputation that attracts fans, followers and – along with it – potential s…
How competition law is shaping Olympic sponsorship: Part 2 – Germany's Competition Authority helps ease restrictions on athletes
This is Part 2 of a two-part article which takes a deep dive into Rule 40 and how competition law is shaping Olympic sponsorship. Part 1 (available here) set the scene, considering:
The background to the Olympic Charter and the structure of the O…
How competition law is shaping Olympic sponsorship: Part 1 – the origins and evolution of Rule 40
Rule 40 by-law 3 of the Olympic Charter[1] (Rule 40) regulates the actions of Olympic participants and their unofficial (i.e. non-Olympic) sponsors. The Rule has been provoking complaints (often framed in competition law) for many years, ampli…
How player insurance works in Rugby Union and the modern challenges facing insurers
The 2019 Rugby World Cup in Japan can be considered a success not only for the manner in which the tournament was delivered but also the fantastic way in which the teams all played. It’s hard to believe this is only the 9th finals - the tourna…
Sports law in 2020 - key issues to watch in North America
As a new year (and a new decade!) begins, we wanted to take the opportunity to identify and provide some insights into what we think will be the top sports law issues to watch out for in 2020.
We therefore invited each member of our Editorial Board…
Sports law in 2020 - key issues to watch in Central & South America
As a new year (and a new decade!) begins, we wanted to take the opportunity to identify and provide some insights into what we think will be the top sports law issues to watch out for in 2020.
We therefore invited each member of our Editorial Board…
Sports law in 2020 - key issues to watch in Asia & Australia
As a new year (and a new decade!) begins, we wanted to take the opportunity to identify and provide some insights into what we think will be the top sports law issues to watch out for in 2020.
We therefore invited each member of our Editorial Board…
Sports law in 2020 - key issues to watch in Europe
As a new year (and a new decade!) begins, we wanted to take the opportunity to identify and provide some insights into what we think will be the top sports law issues to watch out for in 2020.
We therefore invited each member of our Editorial Board…
Sports law in 2020 - key issues to watch in Africa & Middle East
As a new year (and a new decade!) begins, we wanted to take the opportunity to identify and provide some insights into what we think will be the top sports law issues to watch out for in 2020.
We therefore invited each member of our Editorial Board…
Sports law in 2020 - key issues to watch in UK & Ireland
As a new year (and a new decade!) begins, we wanted to take the opportunity to identify and provide some insights into what we think will be the top sports law issues to watch out for in 2020.
We therefore invited each member of our Editorial Board…
Key sports law cases and developments of 2019 – Asia & Australia
As we come to the end of another hectic year, we wanted to take the opportunity to identify and provide some insights into what we think have been the key sports law cases and developments of 2019.
We therefore invited each member of our Editorial…
Key sports law cases and developments of 2019 – Africa & Middle East
As we come to the end of another hectic year, we wanted to take the opportunity to identify and provide some insights into what we think have been the key sports law cases and developments of 2019.
We therefore invited each member of our Editorial…
Key sports law cases and developments of 2019 – North America
As we come to the end of another hectic year, we wanted to take the opportunity to identify and provide some insights into what we think have been the key sports law cases and developments of 2019.
We therefore invited each member of our Editorial…
Are the British Olympic Association’s new Rule 40 Guidelines still too restrictive?
On 28 October 2019, the British Olympic Association (BOA) published its new official guidelines[1] on Rule 40 of the Olympic Charter (the Guidelines), which govern the promotional activities that can and cannot be undertaken by Olympic athletes and…
Key sports law cases and developments of 2019 – Central & South America
As we come to the end of another hectic year, we wanted to take the opportunity to identify and provide some insights into what we think have been the key sports law cases and developments of 2019.
We therefore invited each member of our Editorial…
Key sports law cases and developments of 2019 – Europe
As we come to the end of another hectic year, we wanted to take the opportunity to identify and provide some insights into what we think have been the key sports law cases and devlopments of 2019.
We therefore invited each member of our Editorial B…
Key sports law cases and developments of 2019 - UK & Ireland
As we come to the end of another hectic year, we wanted to take the opportunity to identify and provide some insights into what we think have been the key sports law issues of 2019.
We therefore invited each member of our Editorial Board to write a…
What it takes to sponsor Liverpool Football Club (why New Balance failed to match Nike’s offer)
The ending of a relationship is always difficult for those involved. All the more so when one participant has a vision of a bright future only to find their partner swept away by a richer, more attractive rival. Spare a thought then for New Balance…
Why FIFA should reform football's training compensation regulations
In recent times we have witnessed a genuine revolution in FIFA’s transfer system through the approval of numerous new structural and regulatory reforms, including, most notably, the creation of a clearing house for payment centralization1, the appli…
Why understanding diplomacy is the No.1 rule for navigating the Chinese sports market (a Chinese perspective on the Rockets/NBA fallout)
On 13 September 2019, the author was privileged to discuss the topic of sports diplomacy on a distinguished panel entitled “Diplomacy, Exploring the Relationship between Sports, Global Politics and the Law”, at the 5th annual LawInSport Conference h…
U.S. sports law news update: $75 million NCAA concussion settlement approved
A short update on two news stories from the United States.
Can sports clubs share their marketing database with sponsors?
A club’s marketing database is an asset that can potentially be leveraged not only by the club but also by the club’s sponsors. Since the introduction of the General Data Protection Regulation (GDPR) there has been a great deal of nervousness about…
Betting, beer and CBD – how U.S. leagues & teams are approaching new non-traditional categories for sports sponsorships
With recent court rulings, modified laws, and reinterpretations of industry standards, new and expanded sponsorship categories for non-traditional products have emerged in the United States: namely, sports betting, beer marketing, and cannabidiol (C…
Training compensation and solidarity payments - FIFA activates Article 13 to help clubs fast-track disputes
Recently FIFA, headed by its Chief Legal Officer, Emilio Garcia Silvero, has been doing a laudable job of updating all the regulations related to the football transfer system, a task that is included within the so-called FIFA 2.0 project1.
The main…
State aid in Spanish football - EU General Court overrules European Commission on Barcelona and Real Madrid decisions
On 4 July 2016, the European Commission hit a number of Spanish clubs – Real Madrid and FC Barcelona being the most prominent – with State aid decisions finding that they had received illegal subsidies.1 There were in fact three separate cases conce…
Whytes Bikes v Rich Energy - lessons from the Haas F1 Team sponsor’s copyright dispute
On 14 May 2019, Judge Melissa Clarke handed down her judgment1 in a copyright dispute between ATB Sales Limited (trading as Whytes Bikes) and Rich Energy Limited, energy drink producer and title sponsor of the Haas Formula One Team, concerning the t…
French sports fans have image rights too: balancing personal privacy against the public’s right to be informed
Supporters in France have “image rights” too. Usually, it is the image rights of footballers and their exploitation by clubs or the media that are the subject of disputes and court cases. However, the judgment of the Court of Appeal of Versailles da…
Fighting ticket touts: the duty to provide ticket information, lessons from first test case under s.90 Consumer Rights Act 2015
For those of us who work in event management, ticketing has always been a contentious issue. The government’s historic preference was for the industry to police itself, this was until it acknowledged the scale of ticket fraud in the UK and the lack…
Registering an EU trade mark in bad faith: lessons from the “NEYMAR” decision
On 17 December 2012, Carlos Moreira, a Portuguese businessman, applied for the mark "NEYMAR" to be registered as an EU trade mark in class 25, covering clothing, footwear and headgear. Interestingly, on the same day Carlos Moreira also applied to re…
Why isn’t there more private investment into Brazilian football clubs?
Recently, Brazilian sports websites and newspapers have been flooded with news about the acquisition of Clube Atlético Bragantino by Red Bull1. Although further details on the legal structure of the transaction and of the club have not been disclose…
How sports clubs are investing into tech start-ups
In recent years, athletes have increasingly been using their cash and kudos to invest in, and help promote, start-up companies. Interestingly, clubs are now increasingly becoming investors too, with a particular focus on the tech industry. Barcelona…
Why sports broadcasters in China cannot currently rely on copyright law to protect against unauthorised livestreams (and possible solutions)
“Reach for Gold: IP and Sports” was the theme set by WIPO (World Intellectual Property Organisation) for this year’s World Intellectual Property Day on 26 April 2019. As part of the awareness raising initiatives in China, the first Forum for Sports…
Re-regulating football agents: would FIFA’s proposed commission cap and prohibition on dual representation work in practice?
In April 2018, FIFA decided to re-reform its agents’ regulations.1 The move comes just 3 years after the adoption of its current framework - the Regulations on Working with Intermediaries (RWI). The RWI was introduced with an aim to address the prob…
Stadium naming deals: why clubs and sponsors should always consider their termination rights
Match-day at sports’ clubs stadiums is big business with the potential to generate large amounts of revenue from various streams including tickets, merchandise, concessions and sponsors. In addition, the proliferation of global connectivity and the…
Sport and media rights – the year in review 2018/19
“I’ve spoken about the Premier League becoming the ‘Netflix of football’, i.e., the video on demand platform that controls its own product. If you had 100 million subscribers on ‘Premier League TV’ like with Netflix at £8 a month, you’d be bringing…
Sport and commercial law – the year in review 2018/19
Brooks Koepka, Rita Ora, Victor Ubogu, Billy McFarland, Andrea Coscelli. A formidable line up for Dancing on Ice 2019 perhaps (ITV – take note), but these are unlikely to be the names that immediately spring to mind while reflecting on developments…
Football kit supplier deals – lessons for clubs on “matching rights” from the Sports Direct v Rangers FC case
For the everyday fan, football kits are more than just a uniform worn by their team during a particular season. They represent part of their club’s identity – its colours, its badge, its tradition. Despite the ever-increasing cost involved, fans sti…
Taxation of image rights agreements – vital lessons for football clubs and players from the Hull City Tigers v HMRC decision
In a Decision1 released on 22 March 2019, the First-tier Tax Tribunal2 (FTT - Judge Jonathan Cannan) ruled that payments made by a (then Premier League) football club to an offshore service company, purportedly in respect of a player’s image rights…
Headline issues for brands to consider when negotiating athlete publicity licenses
California Senate Bill 206,1 the “Fair Pay to Play Act,” was amended again last month, and is making its way through the legislature under sponsorship by Sen. Nancy Skinner-D and Sen. Steven Bradford-D. If passed, the new law would pave the way…
Esports in South Korea – a short overview of the legal ecosystem
South Korea has always been at the center of esports. In the late 1990’s, the South Korean government decided to build a national broadband network for faster internet connection. This kickstarted the gaming revolution. Video gaming cafes (also know…
How Sweden’s new gaming and betting market works and its potential impact on the sports industry
A new Swedish Gambling Act1 (the Act) entered into force on 1 January 2019. The Act represents a complete overhaul of the legislative framework in Sweden regarding gaming and betting. Previously, only two monopolies, Svenska Spel and AB Trav & G…
Image rights and international footballers: the curious case of Mohamed Salah and the Egypt Football Association
In April 2018, a very public dispute began to play out across traditional and social media over the Egyptian Football Association (EFA) using, without authorisation, the image of Liverpool star and Egyptian international, Mohamed Salah.
This disput…
In-venue streaming & broadcasting of live sports events – key legal issues for U.S. clubs and leagues
It’s the night of the big game, and the stadium is packed. The most prevalent garb is the jerseys of the opposing team and the crowd executes the “wave” periodically. It’s virtually the same scene as it has been for decades. But it doesn’t take much…
The UAE's new 'Pledge Law' – and how it could improve sports financing in the Middle East
"Sport is one of the most important humanitarian activities that contributes to building the personality of members of society and gives them happiness, vitality and positive energy, so we are keen to implement the vision of our rational leadership…
Litigation privilege hammered? Key points for sports organisations on the scope of litigation privilege from the West Ham Stadium case
The recent decision of the Court of Appeal in WH Holding & West Ham United Football Club Limited v E20 Stadium LLP1 has occupied significant column space on the websites of solicitors' firms and barristers' chambers. This is for good reason, as…
An Overview of the Indian Sports Broadcasting Landscape
The Indian sports broadcasting landscape has evolved significantly over the last quarter of a century and has grown into one of the largest sports broadcasting markets in the world. This will not come as a surprise considering the proliferation of t…
Why Japanese rugby needs to turn professional - and the legal challenges it could present
The recent decision of the Japan Rugby Union Federation (JRFU) not to professionalise Japanese rugby has divided opinion ahead of this year's Rugby World Cup. This article explores the debate and considers whether the decision will prove detrimental…
How technology is improving the fan experience – and creating legal challenges for clubs and leagues
Sports organizations are leveraging tech innovations to engage fans in new ways to drive the industry forward, connecting and involving sports fans more than ever with their favorite players, teams and leagues.
Being a fan was once a fairly passive…
A guide for young footballers on how on to choose an agent
This article offers some practical tips (drawn from the author’s experience) on how to select a football agent. Specifically, it looks at:
The challenges facing young players
What an agent can do to help a young player
How a player ca…
Sailing into choppy waters? World Sailing under the competition law microscope
The European Commission ("the Commission") has recently requested further information1 from World Sailing over its choice to select a single manufacturer for its one-design sailing craft. This is the preliminary step in an EU antitrust investigation…
MMA's first major "trade" – putting the UFC-One Championship deal for Askren & Johnson into context
On 27 October 2018, an historic and unprecedented transaction involving the Ultimate Fighting Championship (UFC) and Singapore’s One Championship was finalised1, with the UFC “trading” former flyweight champion and pound-for-pound great Demetrious J…
Taxation of sponsorship agreements in China - the rules for International Sports Federations without permanent establishment
It is not uncommon nowadays to spot Chinese companies' profiles at international sports events such as the 2018 FIFA World Cup and Pyeongchang Winter Olympics. Alibaba Cloud tied the knot with the International Olympic Committee confirming its Olymp…
The athlete venture capitalist – the rise of athlete investors in sport
Leaders recently published a report compiling a list of the major funding rounds in the sports industry from June 2017 to November 2018.1 The analysis showed a total amount raised of over $1 billion with investments from leading venture capital fund…
The evolution of digital media strategies in Major League sports and the legal issues they raise
On September 27, 2018, NBA Digital, the digital arm of the National Basketball Association (NBA), announced1 that fans would be able to purchase the fourth (4th) quarter of live, out-of-market NBA regular season games for $1.99, through NBA League P…
How agents are regulated in the NFL and the potential lessons for FIFA
American football differs in countless ways from the sport the rest of the world calls football and Americans call soccer. One difference that invites further examination is the approach the two sports have taken to regulating those who represent pl…
Key points for sports organisations on the use of charitable foundations
Establishing a charitable foundation can be an excellent way for a professional sports club to give back to the community. We are seeing an increasing number of foundations being established, not only by elite clubs but also by smaller clubs. Howeve…
Why Africa urgently needs to commercialise its sports sector
Across the world, sport has grown beyond mere physical activity or social spectacle and has developed into a major industry with significant contribution to national growth and employment. The sports industry is said to be growing faster than the na…
How to use intellectual property rights to protect a new sports format
New formats are revolutionising the world of sport and the manner in which sports content is consumed. In the digital age, sport is competing hard for the public’s attention and, in doing so, is becoming increasingly shorter, faster and more dynamic…
Tickets touts and technology - the latest trends and implications for sport
Over the past two years there has been a concerted attempt by the UK by Government and regulatory institutions such as the Competition and Markets Authority (CMA) to protect consumers from excessive pricing, fraud and loss in the secondary ticket ma…
The concept of “good faith” in commercial contracts: what is it and when does it apply in the sports industry?
“Good faith has two elements or aspects: (1) Adherence to reasonable commercial standards of fair dealing; and (2) Faithfulness to the agreed common purpose of the contract and to the reasonable expectations of the parties arising from it.”
The con…
The challenges of digitally placed advertising: Ofcom’s decisions on ‘undue prominence’ from the Singapore Grand Prix
The Singapore Grand Prix is a highlight of the F1 circuit. The night race attracts fans from around the world and looks spectacular on TV. The bright lights and razzmatazz are generally seen as a huge attraction to sponsors and broadcasters. However…
Virtual reality in sports – privacy risks and revenue opportunities for players
Virtual reality (VR) has become one of the hottest buzzwords in recent years owing to its potential to revolutionize many industries. The sports industry is arguably where VR is being put to use in the most effective and aggressive manner. The adven…
Tackling illegal streaming: how sports broadcasters are balancing technical and legal solutions
The start of the 2018/19 football season coincides with a change in the way viewers are consuming content. An Ofcom report1 published in July confirmed that, for the first time, there are now more subscriptions to streaming services than to "traditi…
Sports media rights in 2018 – consumption trends and the growing influence of OTT digital players
This article provides a high-level review of commercial and legal developments in the world of sports media rights. It focuses on the following key areas:
The Premier League rights sale – failure or success?
The growing influence of “over-…
Data collection from sports events: a nonexclusive future?
With the UK football leagues entering the final year of their current data partnerships and the ever-increasing focus on data as critical sports content, the time is right for the model for data commercialisation in sport to be critically evaluated.
Important lessons for athletes from the Nike / Federer “RF” logo dispute
While Roger Federer has triumphed on hard courts, clay courts and grass courts, he could now have a tough match-up against his former sponsor, Nike, as to who should retain the rights to his well-known "RF" logo, (the RF Logo):
Indeed, the o…
The rise of e-Sports in Brazil - and how football clubs are getting on board
E-sports are becoming increasingly popular around the world, and it is no different in Brazil. The industry has grown exponentially, and according to the Brazilian Association of Games Developers (Abragames), more than 61 million Brazilians now part…
An Australian perspective on the esports industry and its core legal issues
2018 has seen esports continue to grow in Australia and throughout the world. Hardly a week goes by without a new development: from new esports events to lucrative sponsorships of, or acquisitions of interests in, esports teams.
LawInSport has…
Qatar 2022 World Cup - laws, changes and legacy benefits
The 2022 FIFA World Cup™ is shaping up to be a momentous event - the first to be held in the Middle East, the first to be hosted by an Arab country. It is well known that the FIFA obligations imposed on a host country in relation to the tournament i…
Key updates on copyright protection and enforcement for sports media rightsholders
2017/18 has seen a number of significant developments in copyright law at both a UK and European level. This article considers the effect that some of the significant judicial decisions and legislative changes will have on the way sports rights hold…
Top legal tips for eSports start-ups – Part 1: incorporation, investment, IP and employees
ESports is a growing sector with a great deal of excitement surrounding it. Newzoo estimated that revenues in the eSports industry would reach US$696 in 2017, increasing to US$1.5 billion by 20201, which shows the sector presents a real opportunity…
Key points for athletes to consider before signing a sponsorship agreement
The financial rewards available to professional athletes from entering into brand endorsements are extensive. However, whilst the amount of the fee and identity of the brand is inherently important to any athlete’s decision to enter into an endorsem…
Three key legal issues currently facing the Esports industry: A perspective from Asia
LawInSport has published a range of articles to try to help demystify the esports ecosystem and unpick the core legal issues.1
Continuing in this theme, this piece discusses what the authors, with their Malaysian perspective, believe are three of t…
Key contemporary trends in the UK sports media rights market (2017/18) - A view from industry
This article explores some of the more significant activity in the sports media rights market for 2017/18 from the perspective of industry. Specifically, it looks at:
The functioning and results of a few of the bigger rights auctions;
A br…
FIFA’s April 2018 amendments to its Regulations on the Status and Transfer of Players (RSTP)
On 6 November 2017, FIFA (the world governing body for football) and FIFPro (the World Players’ Union) reached a wide ranging 6 year cooperation agreement1 to strengthen relationships between the two organisations and improve the governanc…
The rise of women’s football in Mexico – The creation of LIGA MX Femenil
Two years ago, the idea of having a professional women’s football league in Mexico was difficult to imagine. Though no championship existed, Mexico did have a women’s national team, which, despite all sorts of obstacles, obtained the silver medal in…
The legal issues facing Liberty Media’s new “over-the-top” proposals for streaming Formula 1
When Liberty Media completed its acquisition of Formula 1 (F1) in January 2017, it did so with a new approach to the presentation of motor racing and its brand, and in particular how it should be broadcast. In recent years, the sport’s business mode…
A comparison of sports regulations on the use of wearable technology & data collection
The increasing usage of wearable technology in sport has raised many interesting regulatory and legal issues, as governing bodies and leagues scramble to adapt to the rapidly developing industry. Teams ideally want to collect as much biophysical dat…
Key UK tax law developments for not-for-profit sports clubs in 2017/18
Tax can have an important impact on the finances of not-for-profit sports clubs.1 But keeping up to speed is difficult as tax law and Her Majesty’s Revenue and Customs (HMRC’s) practices are constantly changing. This article highlights…
Decoding the Indian Premier League Media Rights Sale – Part 1
In early September, Star India Pvt. Ltd. (Star) – the South Asian member of Rupert Murdoch’s global broadcasting network – acquired the consolidated global television and digital rights for the Indian Premier League (IPL) for a five-year period (201…
Decoding the Indian Premier League Media Rights Sale – Part 2
In part one of this article, the authors provided a brief introduction to the IPL’s history and commercial structure, described the background to and the nature of the Supreme Court of India’s intervention to implement governance reform in the BCCI…
Key tips for sports brands on tackling counterfeiting and grey goods
The sports industry has been grappling with the challenges posed by counterfeit and unauthorised goods for many years, and the increasing global popularity of competitions such as the English Premier League (“EPL”) makes this market an obvious and l…
5 key English contract law principles that every sports lawyer should know
It is difficult to overstate the importance of the law of contract to sports lawyers. Of course, it is obvious that commercial sports disputes often turn on principles of contract law (see, for example, Force India and Aerolab’s litigation …
The legal implications for big data, sports analytics and player metrics under the GDPR
Bill Gates reportedly once said:
“We always overestimate the change that will occur in the next two years and underestimate the change that will occur in the next ten. Do not let yourself be lulled into inaction.”
This sentiment has never be…
Top of the league: How football clubs protect and exploit their brands in a global marketplace
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The 2017/18 Premier League season kicks off today and the revenues of the league and its football clubs continue to go from strength to strength. Increased broadcasting revenues have already lead to record transfer fees; many teams are spen…
The 4 key issues facing sports media rights lawyers in 2017: From Head Counsel, Sky Sports
This is an extract from the Sport & Media Rights chapter of the LawInSport & BASL Sports Law Yearbook 2016/17. To access or order a full copy of the Yearbook, please see here.
Note: The views expressed in this piece are the author’s ow…