World Sports Law Report

Volume: 7 Issue: 10
(October 2009)

News

FIFA's Early Warning System GmbH (EWS) will monitor betting on Olympic events for the International Olympic Committee (IOC), through International Sports Monitoring (ISM), a company registered with the Canton of Zurich on 23 September (CH-020.4.040.963-2). EWS is a FIFA affiliate company with its own staff and offices, and has agreements with over 400 bookmakers. It handled the monitoring of betting on the Beijing Olympic Games for the IOC. / read more

Dewey & LeBoeuf LLP, which is providing advice to Caster Semenya on her human rights and rights as an athlete, has sent a request for information to the International Association of Athletics Federations (IAAF), after it revealed it had undertaken gender tests on the South African runner. / read more

The Cyclistes Professionnels Associés (CPA) is to poll its members on whether they support the Union Cycliste Internationale's (UCI) 23 September decision to phase out two-way radios in professional cycling. / read more

Features

Corporations pay millions to exclusively sponsor events such as the FIFA 2010 World Cup South Africa, however ambush marketing by non-sponsors keen to associate themselves with popular events threatens that revenue. In the second of a series of three articles, Michael Murphy, a Partner with Bowman Gilfillan, examines the sanctions that are available to police against the efforts of ambush marketers, the role of the Advertising Standards Authority and by-laws promulgated by state municipalities aimed at the efficient running of FIFA events and the effect that these have on advertising. / read more

France's proposed creation of a 'right to offer bets', which sporting organisations would be able to sell to betting operators, has gained support from many sporting organisations as a potential new revenue stream. Jason Foley-Train, the Remote Gambling Association's Betting Adviser, explains potential drawbacks with France's proposal and why it is difficult for licensed gambling operators to support a proposal requiring them to pay to combat a threat posed largely by unlicensed operators. / read more

The Football Association Premier League's claim against YouTube highlighted that sports broadcasters must either register with the US Copyright Office, or in the case of live broadcasts, provide detailed information to the prospective infringer 48 hours in advance of first broadcast to succeed in claiming statutory damages for infringement. Rohan Massey, an IPMT Partner at McDermott Will & Emery UK LLP, examines the FAPL's case, YouTube's defence, the court's reasoning in coming to its decision and the implications for sports broadcasters. / read more

The European Court of Justice (ECJ) decides that although French rules entitling clubs to require trainees to sign a professional contract at the end of their training contract breach Article 39 EC (freedom of movement), such rules can be justified as pursuing a legitimate aim compatible with the Treaty and as such, compensation relating to the cost of training that player is payable by a club purchasing the player at the end of his training contract. Bruno Quentin and Marc Peltier, of Gide Loyrette Nouel, examine the ECJ's reasoning in deciding that Newcastle United must pay Olympique Lyonnais compensation after purchasing Olivier Bernard from Lyonnais at the end of his training contract. / read more

American Needle is a sportswear manufacturer that challenged the National Football League's (NFL) exclusive merchandising deal with Reebok as a violation of US antitrust law under the Sherman Act. The Seventh Circuit recently held that the NFL is immune from scrutiny under Section 1 of the Sherman Act when collectively licensing their intellectual property rights. Gabe Feldman, an Associate Professor and Director of the Tulane Sports Law Program at Tulane Law School, examines the implications should the NFL and other sports organisations be successful in getting the Supreme Court to grant Section 1 protection to sporting leagues. / read more

The Caster Semenya case highlighted that the rules of the International Association of Athletics Federations (IAAF) do not provide adequate guidance on how distinctions should be made between men and women. Dr. Gregory Ioannidis and colleagues at Buckingham University Law School highlight how the current rules are based on chromosomal analysis rather than anatomical or physiological status, do not distinguish adequately between transsexuals and intersexuals and argue that Semenya will be able to seek redress against the IAAF, as it failed in its duty of privacy and confidentiality. / read more

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About World Sports Law Report

The monthly law journal providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more