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SportzLaw Monthly

 

Sports Law in 2012 : The Year in Review
Wed, 16/1/2013 - 5:53pm, January 2013 Issue 

It has become a fairly regular and widely accepted practice among many high profile athletes to incorporate separate legal entities. These legal entities are usually in the form of ‘loan out’ corporations wholly owned by the athlete. Typically the athlete then becomes an ‘employee’ of his own corporation, and the primary function of such corporation is to loan out the services or the image rights of the athlete to third parties.

    • The Year in Sports Law News

 

 

Headliner - Crowded Out: Learnings from Hillsborough
Mon, 26/12/2012 - 4:57pm, November- December 2012 Issue 

It has become a fairly regular and widely accepted practice among many high profile athletes to incorporate separate legal entities. These legal entities are usually in the form of ‘loan out’ corporations wholly owned by the athlete. Typically the athlete then becomes an ‘employee’ of his own corporation, and the primary function of such corporation is to loan out the services or the image rights of the athlete to third parties.

    • Feature – Due Process: Case Comment on Azharuddin v. Board of Control for Cricket in India
    • Current Affairs - Emerging Law in Sports Broadcast and Proprietary Rights
    • Learning Module – Immigration Procedures and Requirements for Athletes in the United States of America
    • The Month in Sports Law News

 

 

Headliner – Bad Boys, Bad Boys, Whatcha Gonna Do? Moral Clauses In Endorsement Contracts
Wed, 28/11/2012-4:46pm October 2012 Issue 

Celebrities are often the top choice for advertisers, sponsors and companies when it comes to brand or product endorsement for a variety of reasons. (This newsletter has previously discussed in detail the broad features of a celebrity endorsement agreement and the use of a celebrity’s attributes.) While this is an effective endorsement and marketing strategy, there is a level of credibility assignable to the public image of a celebrity, which has to be balanced in line with the brand’s interests.

    • Feature – Kick It Out! Tackling Racism in Football
    • Current Affairs - Nurturing the Olympic Spirit : Supervision of subordinate bodies by the IOC
    • Learning Module – Child Safety in Sports
    • The Month in Sports Law News

 

Headliner - Crowded Out: Learnings from Hillsborough
Mon, 15/10/2012 - 6:15pm, September 2012 Issue 

 

The Hillsborough Stadium crush of 1989 (“Hillsborough Crush”) is a key moment in the history of sports arena construction and crowd management, as it led to the removal of standing terraces in all first division and second division football club stadiums and adoption of sound crowd management practices, through a reduction in capacity of all stadium terraces by 15% and the prohibition of the practice of free seating for ticket holders.

    • Feature - All In: Legal status of Poker as a Game of Skill in light of DiCristina
    • Current Affairs- Pride and Prejudice: The Saga of Carriage Discrimination between the Tennis Channel and Comcast
    • Learning Module - Event Organisers’ Liability for Crowd Management and Crowd Safety
     

 

Headliner – What a Racket! Fair Play and the Olympic Games
Fri, 14/09/2012 - 6:15pm, August 2012 Issue 

In the recently concluded London 2012 Olympic Games (“Games”), eight female badminton players from three Asian nations were disqualified by the International Olympic Committee (“IOC”) and the Badminton World Federation (“BWF”) for trying to lose their matches on purpose in order to gain a more favourable draw in the knockout stages of doubles competition.

    • Feature – Taxing Times: Professional Athletes and Tax
    • Current Affairs – Howzzat! Appeal Process in Sports
    • Learning Module – In-Competition Dispute Resolution
     

 

Headliner – False Start? Gender Determination in Sport
Tue, 07/08/2012 - 6:15pm, July 2012 Issue 

Historically, female athletes and sportswomen have been subject to an assortment of discriminatory practises that have affected their ability to participate in sporting events. The very first modern Olympic Games organised in 1896 at Athens prohibited women from competing, which restriction was lifted in the Paris 1900 Olympic Games.

    • Feature – Stumped! Breach of Endorsement Agreements
    • Current Affairs – Love-all: Indian Olympic Team Selections and Athlete Remedies
    • Learning Module – Player Selection Disputes: Comparative Legal Analysis
     

 

Headliner –The Anatomy of a Sports Business Franchise Agreement
Wed, 04/07/2012 - 6:15pm, June 2012 Issue 

Franchising has gained increasing credence as a viable model for companies to expand their business in domestic and international markets. In simple terms, franchising is the practice of starting up a business based upon the intellectual property rights and business methods adopted by corporate entities.

    • Feature – The ‘Hart’ of the Matter Transformative Use in Video Games and Player Attributes
    • Current Affairs - Gridiron Games: Analysing the NFL Concussion Litigation
    • Learning Module – A Comparative View of Organizers’ Liability for Player Injuries
     

 

Headliner – Associating with the London 2012 Summer Olympic Games: A Primer
Fri, 25/05/2012 - 6:15pm, May 2012 Issue 

The Olympics, regarded as the mother of all sporting events, offers a colossal opportunity for commercial entities to associate themselves with it and capitalise on its immense popularity.

    • Feature – TRAI’s Advertising Regulations and the Impact on Sports Broadcasters.
    • Current Affairs – Autonomous Agreement on the Minimum Requirements for Professional Football Contracts.
    • Current Affairs – Case Review: Is a Minor Sportsman a ‘Public Figure’ under Privacy Law?
     

 

Headliner – Saints or Sinners? Legal Implications of the New Orleans Saints Bounty Scandal
Wed, 25/04/2012 - 6:15pm, April 2012 Issue 

“I don’t want to do the batsman permanent injury, just to cause him concern – to hurt him a bit.” Dennis Lillee A sporting competition when seen and comprehended in its most rudimentary form is nothing short of a battle where opposing teams or players fight it out for the ultimate triumph and glory. In addition, like civilised nations who prescribe policies on warfare, every sport has its own set of rules governing player conduct on the field. However, keeping in mind the high intensity of competition which flows from the fierce passion and zest of the participating athletes, instances of violent acts and unlawful behaviour in the sporting arena, do not raise many eyebrows.

    • Feature – Illicit Chanting and Strict Liability
    • Current Affairs – Nike and Reebok faceoff over Tebowmania
    • Learning Module – Liability under tort law for injury to co-participants
     

 

 

Headliner – Sting Operations and Entrapment in Sport
Fri, 30/03/2012 - 6:15pm, Mar 2012 Issue 

Match-fixing and spot-fixing are seen as some of modern cricket’s greatest challenges, as they undermine public confidence in the authenticity and integrity of the game. Although suspected to have existed since the 1990s, law-enforcement authorities and cricket boards woke up to the challenge only in 2000, after then South African captain Hansie Cronje was implicated in a match-fixing scandal.

    • Feature – The Athlete’s Career Handbook
    • Current Affairs – Internet Broadcast Rights face the ‘Cloud’ of Uncertainty
    • Learning Module – An Overview of Match Fixing in Sport
     

 

Headliner – Amateur Sport: Lessons from the U.S.
Wed, 24/02/2012 - 6:15pm, Feb 2012 Issue 

Amateur sport, by definition, involves participation for the joy of sport, without any monetary compensation. The ideal of amateurism in sport was intensely protected in the 19th century mostly by the elite sections of society who feared that professionalizing sport would weaken their monopoly over it. However, with the evolution of amateur sports and the rules that govern them, amateur sportspersons are now compensated through college scholarships, sponsorships and other benefits (some of which they are permitted to redeem only after they relinquish their amateur status).

    • The Royal & Ancient Golf Club of St. Andrewes Rules on Amateur Status 2012- 15
    • Current Affairs (Review of CAS Arbitral Awards) - Doping in Professional Cycling: Legends of the Fall or the Fall of Legends?
    • Learning Module – Amateur and Professional Sport : An Analysis of U.S. Laws
     

 

Feature – “What’s in a name? Understanding Stadium Naming Rights.”
Wed, 25/01/2012 - 6:15pm, Jan 2012 Issue 

The days of naming a stadium after a public figure or based on its location are long past. As companies and firms realise the value of being associated with sporting events, the sponsorship of sport has grown into a multi-billion dollar business across the world. Corporate naming of sports stadia has emerged as the new wave in sports sponsorship.

    • Guest Column – Online Piracy, SOPA and PIPA - Implications for Global Sports Rights Owners
    • "Online Ticket Exchanges – RFU does the Double."
    • "Copyright in Football Fixture Lists – A Game of Two Halves"
    • Learning Module – A Legal Analysis of Ticket Scalping 

 

Headliner – Sports Law in India: The Year Gone By, The Year Ahead
Thu, 22/12/2011 - 2:08pm, Dec 2011 Issue 

2011 has been an eventful year in sports law, both internationally and in India, and 2012 promises to be no different. With an evolving sports industry and the growing commercial and spectator interest in international sports events, this rather young body of law is running hard to keep pace – most often lagging behind, but at other times blazing new trails. In this retrospective, we look back at the year that has been and the legal issues the sports ecosystem must consider in the exciting times that lie ahead.

    • The Best of SportzLaw Monthly 2011
    • The Year in Sports Law News

 

Feature – Government Regulation of Sport
Thu, 24/11/2011 - 2:08pm, Nov 2011 Issue 

Last month, the Ministry of Youth Affairs and Sports (MYAS) released the revised National Sports (Development) Bill, 2011 (Bill). As compared to its previous form (reviewed "Current Affairs – A Review of the Draft National Sports (Development) Bill, 2011"), the Bill sees 14 changes, the most significant of which are discussed later in this article. The constant line of argument in opposition to the Bill has been that the Bill amounts to an ‘interference’ in sport and therefore is in violation of the internationally accepted independence and autonomy norms for sports administration. It is equally important to look at similar steps that have been implemented in countries that consistently perform well at international sports events.

    • Current Affairs - NBA Lockout
    • Insider Perspective - Interview with Anish Dayal, Advocate, Supreme Court of India
    • Learning Module - Collective Bargaining in Sport
    • Readers’ Queries 

 

Feature – The ‘club versus country’ debate in football and cricket
Mon, 24/09/2011 - 7:14am, Oct 2011 Issue 

‘Club versus country’ has been a subject of intense debate for many years in football now. With the advent of domestic cricket events, especially in the form of Twenty20 tournaments inviting foreign participation, the debate has more recently entered the world of cricket. 

    • Current Affairs – Review of Recent Cases
    • Insider’s Perspective – Interview with Lovely Dasgupta, Asst. Prof. (Law), WBNUJS
    • Learning Module – Freedom of Movement for Athletes
    • Readers’ Queries 

 

Headliner - The Anatomy of a Celebrity Endorsement Agreement
Fri, 23/09/2011 - 7:36am, Sep 2011 Issue 

Over a period of time, celebrity endorsements have been viewed as an effective and prominent marketing tool by many companies. Typically, a public figure would appear in advertisements and promotional material marketing the products or services of a company.

    • Current Affairs – Hockey’s New Professional League and Player Participation
    • Insider’s Perspective – Interview with Desh Gaurav Sekhri, Of Counsel, J Sagar Associates
    • Learning Module – Player Bans in Sport
    • Readers’ Queries 

 

Headliner – Regulation of Sports Agents
Sat, 25/08/2011 - 8:50am, August 2011 Issue 

A sports agent is a person authorized to act for a professional athlete or sports organisation when dealing with third parties. In theory, a sports agent is merely an intermediary tasked with ensuring that the supply and demand for labour within sport and in allied industries is met. A sports agent has many functions, such as negotiating player contracts, providing advice and investment management, legal and tax counselling, sponsorship and endorsement sourcing and servicing and in the case of young athletes, guidance on education and health as well.

    • Current Affairs – Player Eligibility Criteria in Sport
    • Insider’s Perspective – Interview with Prof. Dr. Amaresh Kumar
    • Learning Module – Government ‘Interference’ in Sport
    • Readers' Queries

     

Headliner – The Court of Arbitration for Sport: ‘The Supreme Court of Sports’
Thu, 25/08/2011 - 1:52pm, July 2011 Issue 

The Court of Arbitration for Sport (CAS) is what some describe as the ‘Supreme Court of Sports’ of the world. The CAS is essentially an arbitration body which also provides consulting and mediation services to its stakeholders, notably the International Olympic Committee (IOC), International Federations, National Olympic Bodies, National Sports Bodies and the World Anti- Doping Agency.

    • Current Affairs – Regulating Doping in Sport
    • Interview with Shwetasree Majumder
    • Learning Module – Minors’ Agreements in Sports
    • Readers’Queries 

 

Headliner – @Sport and social media #legal aspects
Sat, 25/06/2011 - 8:50am, June 2011 Issue 

Given the vast numbers of people who use online social networking in recent times, it is axiomatic that legal issues surrounding sport and social networking websites may arise. According to recently released figures, Twitter boasts a total of 175 million users on its online accounts, while 600 million users access their Facebook account at least once each month (half of which use their account on a daily basis).

    • Feature - The Anatomy of a Sports Licensing and Merchandising Agreement
    • Insider’s Perspective – Interview with Retd. Justice Mukul Mudgal
    • The Month in Sports Law News
    • Readers' Queries

     

Feature – Combating Online Piracy of Live Sports Broadcasts
Fri, 25/05/2011 - 8:50am, May 2011 Issue 

Owing to the territorial nature of intellectual property rights, enforcement of protected rights across the Internet, if it is to be effective, must be supplemented by litigation in the jurisdiction where the rights enjoy protection under statutory and/or common law.

    • Current Affairs – The Right of Publicity and Use of Player Attributes
    • Insider’s Perspective - Interview with Dr. Andre Louw
    • Learning Module – Eligibility Criteria for Sportspersons
    • Readers' Queries

     

 

Feature – Safeguarding Investments in Sport – The Role of Law
Fri, 25/04/2011 - 8:50am, April 2011 Issue 

Since its launch in 2008, the Indian Premier League (IPL) has witnessed some of the biggest financial investments in sports in India. In line with international leagues and tournaments, concepts such as player auctions, franchise model and corporate ownership, have made an entry into the Indian sports market and the sports business vocabulary

    • Current Affairs – A Review of the Draft National Sports (Development) Bill, 2011
    • Practitioner’s Perspective – Interview with Stuart Corbishley
    • Learning Module – Public Accountability of National Sports Federations
    • Readers' Queries

     

 

The Impact of Digital Piracy on Sport
Fri, 25/03/2011 - 8:50am, March 2011 Issue

While advances in technology open up many opportunities for rights holders in sport to increase viewer footprint and revenues, they have also created significant new opportunities for unauthorized transmission of key intellectual properties, including copyrighted broadcasts.

    • Feature - News Access Guidelines – What’s the Fuss About? – Nandan Kamath
    • Practitioner’s Perspective - Interview with Vineeta Gajwani
    • Learning Module - Mandatory Sharing, News Access and Fair Use Standards
    • Readers' Queries

     

 

The Anatomy of a Sports Sponsorship Agreement
Fri, 25/02/2011 - 8:50am, February 2011 Issue

AS IPL season nears, the sponsor and franchise community is abuzz with activity. Soon this activity will involve the closing of numerous deals and the signing of sponsorship agreements that document the various rights and entitlements of the parties involved.

    • Feature - Managing the Trademark Portfolio of a Sports Brand
    • Practitioner’s Perspective - interview with Ashok Nambissan
    • Learning Module - Sponsorship Contract Terms
    • Readers' Queries

     

 

Feature - Understanding Ambush Marketing
Fri, 25/02/2011 - 8:50am, January 2011 Issue

 

Major sporting events present an unparalleled platform for companies to gain worldwide visibility. However, given the grand scale on which these events are organized, it is not unusual to find a number of companies seeking to align themselves with these events without actually securing the official sponsorship rights

    • Protecting the ICC’s Rights - It’s Just Not Cricket? Regulating Competition Off-the-Field
    • Practitioner’s Perspective - Interview with David Becker
    • Learning Module - Ambush Marketing and Indian Law
    • Reader’s Queries

     

 

 

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