Draft to survive: the legal anatomy of producing sports documentaries

“Challengers. Champions. Underdogs. Icons. The greatest sports stories are not about sports, but about the people who define them.”^[1] Streaming platforms such as HBO Max, Netflix, Disney+, Prime Video, and Apple TV+ are competing for audience attention by releasing an increasing number of sports docuseries^[2] and fictional movies^[3] about athletes’ lives, particularly ahead of major sporting events such as the FIFA World Cup and the Olympic Games, since this content creates a unique type of connection with fans while also promoting the sport itself.

“Drive to Survive” made one thing clear: sports docuseries can fundamentally transform the visibility of a sport. While exact numbers vary across reports, the series is widely credited with expanding Formula 1’s global audience, particularly among younger and new fans^[4]. The success of “Beckham” demonstrates that this is a time when athletes, as personalities and global brands, matter more than ever^[5].

This article addresses the specific legal challenges that arise when producing a sports documentary, which is different in several ways from those in creating a fictional movie. The authors will guide you through the main production stages – including development, pre-production, production, and post-production – as well as the legal implications of the growing use of artificial intelligence in sports documentary production.

Article overview

• Subject of the project and letter of intent
• Project financing: Independent production vs. commission by a channel or OTT platform
  • Original production agreement
  • Licensing agreement
• The clearance process
• Usage of AI in the post-production phase
  • The use of deepfakes in documentary production
  • The AI-created footage of sports performances and stadium environments