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Intellectual Property and Sports

Essays in Honour of P. Bernt Hugenholtz

Paperback, blz. | Engels
Kluwer Law International | 1e druk, 2021
ISBN13: 9789403537337
Kluwer Law International 1e druk, 2021 9789403537337
Onderdeel van serie Information Law Series
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Intellectual Property and Sports celebrates the enormous achievements of Professor Bernt Hugenholtz in the field of intellectual property and information law.

Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Focus on sports-related intellectual property issues offers an ideal starting point for exploring core questions on information law.

Legal rules in sports and intellectual property evolve in a climate pervaded by powerful lobby pressures with new technologies that have a profound impact on developments in the sports arena. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.

Prominent experts in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following:
- copyright and celebrity rights relating to players and player performances;
- neighbouring rights for organisers of sports events;
- ethnic and cultural references in team and league branding;
- legality of reselling event tickets;
- use of artificial intelligence in refereeing;
- related rights protection of images;
- e-sports and fantasy leagues; and
- sports celebrities and character merchandising.

The book explores the legal position of sports clubs and players, as well as legal issues surrounding the commercialisation and reporting of sports events. It offers intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess.

By addressing the panoply of fascinating information through widely varying lenses and in different styles, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.




List of Authors

Part 1
Starting Whistle

Introduction: An Information Law Approach to Intellectual Property and Sports
Martin Senftleben, Joost Poort, Mireille van Eechoud, Stef van Gompel and Natali Helberger

Part 2
Players and Sporting Achievements: Copyright and Celebrity Rights

Protection of Sporting Achievements per se in Particular by Copyright Law: Some Notes about Justifications and Proper Boundaries
Willem Grosheide

Get a Move On: Copyright in Movement
Séverine Dusollier

Copyright and Choreography: Exploration in Three Acts
Marie-Christine Janssens

A Repetition of Moves
Gerard Schuijt

Tattoos: Control and Ownership of Body Art? Some Cultural Historical, Aesthetical and Legal Reflections
Thomas Dreier

‘The Portrait of a Gentleman’ – The Cruijff Case
Egbert Dommering

Commercial Rights of Sportspersons in Their Portraits: Better Protection through a ‘Lex Hugenholtz II’?
D.W. Feer Verkade

Sports Celebrities and Character Merchandising in the United Kingdom
Paul L.C. Torremans

The Use of Personal Characteristics in Sports Manager Games
Thomas Riis

Part 3
Sports Clubs: Organisational Efforts and Branding

Sports as Policy Levers in Intellectual Property Lawmaking
Stef van Gompel

Football, Copyright … and the Art of ‘Tiki-Taka’?
Raquel Xalabarder

Do We Need More Copyright Protection for Sports Events?
João Pedro Quintais

Exclusive Rights to Carnival Parades: In Comparison with Professional Football
Thomas Hoeren

Organisers of Sport Events: A Neighbouring Right?
Antoon Quaedvlieg

Sui Generis Rights: From Geschriftenbescherming to the Protection of Sport Event Organisers
Dirk Visser

Is the Unauthorised Commercial Exploitation of Sports Events Unfair?
Ansgar Ohly

An Economic Note on Reselling Tickets
Joost Poort

Ethnic References in Branding and Artificial Intelligence Content Moderation: From the Ajax ‘Jews’ to the Washington Redskins and Beyond
Neil Weinstock Netanel

Sacrificing the Gods on the Altar of Sports: The Redefinition of Cultural Symbols in the Sports Sector
Martin Senftleben

Part 4
Sporting Events: Rules of the Game, Event Data and Reporting

Database Rights in the EU’s Data Strategy: A Question of Sport?
Mireille van Eechoud

Of Football Fixtures, Football Matches, Jeans, Sweatshirts … and a Folded Bike: Functionality in the CJEU’s Copyright Case Law
Matthias Leistner

Creative Games
Pamela Samuelson

Sporting Events as Intellectual Property and Free Movement of Services: The Implications of the Premier League Case
Ole-Andreas Rognstad

The Football Game as a Copyright Work
Lionel Bently

How Football Changed Copyright Law: Public Performance, Communication to the Public and the Free Public Showing of Broadcast Films
Christina Angelopoulos

Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?
Tatiana Synodinou

Images in Sports: Reflections on Related-Rights Protection
Reto Hilty

Quoting Copyrighted Sports Content Under Fair Use After Google v. Oracle
Peter Jaszi

Part 5
New Technologies and Future Developments

Keeping the Field of Play Level: Volition, Causation and Responsibility in American Copyright Law
Paul Goldstein

The Missing Goal-Scorers in the Artificial Intelligence Team: Of Big Data, the Right to Research and the Failed Text-and-Data Mining Limitations in the CSDM Directive
Christophe Geiger

‘Voetbal Hoort niet bij Robots’: Attitudes Regarding the Use of Artificial Intelligence in Refereeing
Natali Helberger and Brahim Zarouali

E-sports: A Battle Royale for IP and Antitrust?
Thomas Vinje

Just Szynkovid

Daniel J. Gervais

Part 6
Extra Time

Academia as eSport: Competitive Academic Gaming after the Age of Covid
Martin Kretschmer

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