1. All the World’s a Stage: Creating and Protecting Sports and Entertainment Content Around the World
(Session 112)

2. Panelists Gregg Clifton Laura Jeffords Greenberg Steve Ruwe
Principal, Jackson Lewis
Laura Jeffords Greenberg
Senior Vice President - Business & Legal Affairs, Littlstar 
Steve Ruwe
Attorney Advisor, Copyright Law and Policy, Office of Policy and International Affairs, US Patent and Trademark Office 
Peter Steckelman 
SVP, Business & Legal Affairs,  The Tennis Channel, Inc. 
Danielle Van Lier
Senior Counsel, Intellectual Property & Contracts, SAG-AFTRA

3. Agenda Setting the stage: Act 1 Act 2 Act 3 Curtain Call
Introducing ourselves
Act 1
Quick review of key US intellectual property issues and law
Act 2
Brief introduction to international intellectual property
Role of WIPO-administered treaties
Global differences you may not know or anticipate
Act 3
How does this all work in practice
Curtain Call
Questions?

4. Act 1: Review of US law

5. Key Points of US Law
An attorney working in content production and/or distribution needs a fundamental understanding of:
Copyright
Trademarks
Rights of publicity
Role played by the:
Entertainment guilds / unions
Performing rights
Sports leagues
Players Associations
User-generated / fan-created content issues
Content protection

6. Key Points of US Law Production / distribution concepts - Copyright
Works made for hire or assignments
Infringement
Primary liability
Secondary liability
Online liability / content protection
DMCA takedowns
Voluntary initiatives
Fair use
Exclusivity / windowing
Distribution platforms
Traditional
Alternative / Emerging

7. Key Points of US Law Rights of publicity Why should you care?
Who has the right to grant it?
Team
Individual
League
Production company / studio / network / platform
Any qualifying conditions?
What about dead celebrities / athletes?
Crowd Releases
Intersection with Lanham Act / trademark law

8. Key Points of US Law Trademarks
Who has the right to grant usage rights and what rights can they grant?
Team
League
Production company / studio / network /platform
Someone else?
Ex. can you use team marks in commercials featuring pro athletes?
Infringement – primary and secondary
Fair use – nominative / descriptive

9. Key Points of US Law What role is played by: Players associations
Group licensing
Guilds / unions
SAG-AFTRA
Not just actors – members include broadcasters, sportscasters, recording artists, voiceover, and more
Directors Guild of America
Writers Guild of America
Performance rights organizations
Music licensing
Sports Leagues

10. ACT 2: The International Scene

11. International I.P.
Key markets for producing / acquiring / distributing content
North America
European Union
Latin America
Asia Pacific
Middle East

12. WIPO World Intellectual Property Organization
UN Agency created in 1967 to “encourage creative activity, promote the protection of intellectual property throughout the world.”
189 member states
26 international IP-related treaties
US has ratified / accepted / acceded to 17
Some with reservations
US has signed but not yet ratified 2 others

13. WTO World Trade Organization
Global international organization dealing with the rules of trade between nations
Administers WTO trade agreements
Forum for trade negotiations
Handles trade disputes between member nations
Monitoring national trade policies
Cooperates with other international organizations
164 member countries

14. Key IP-related treaties
Berne Convention (adopted 1886)
WIPO Copyright Treaty (WCT) (adopted 1996)
Rights in the digital environment
Databases (broadly defined)
WIPO Performances and Phonograms Treaty (WPPT) (adopted 1996)
Paris Convention (adopted 1883)
Industrial Property, including trademarks

15. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1995)
World Trade Organization (WTO) Treaty
Sets minimum term for copyright protection
Copyright protection is automatic
Exceptions to copyright (ex fair use) constrained by Berne 3-step test:
Must not conflict with normal exploitation of the work
Do not unreasonably prejudice the legitimate interest of the rights holder
National treatment to rights holders from other contracting states

16. Dispute Resolution International Arbitration forums / treaties
Between Parties

17. The Role Of Geopolitics
Some things to consider:
Impact of Brexit on:
Economic / monetary considerations IP
Ex. Will UKIPO recognize trademarks registered in EU?
Movement of talent / production employees
Choice of law / venue considerations
Trans Pacific Partnership Agreement (TPPA)
Not yet ratified
Includes extensive IP provisions
Possible US renegotiation of /withdrawal from NAFTA
US immigration policy

18. Important takeaways The work made for hire doctrine is a US concept
Understand what rights you actually own / acquire(d)
Performers, writers, directors may have rights
Ex. moral rights, economic rights
Defenses to infringement may vary
Fair use may be limited or unavailable
Rights of publicity / privacy may differ

19. Act 3: Putting it in Practice

20. The Fact Scenario
The Sports Channel is acquiring the rights to broadcast the World Sports Competition, a year-long, international sports competition between the best amateur and pro athletes and teams from around the world. Competitions are being held around the world including in the US, United Kingdom, France, China, Mexico (any others?) Sports include track & field, basketball, tennis, skiing and more. The Sports Channel will also be producing additional content around the Competition, ranging from short segments to long-form documentary and biographical features to a movie-of-the-week about an unlikely underdog’s rise to become a champion. There will also be flanking sponsored content.

21. Breaking Down the Scenario
The basics:
What content is being produced
What parties are involved
Identify the IP
Where is content being created?
Where is content being distributed
What else is being sold, merchandized, marketed?

22. Approaching the Scenario
Contract considerations:
Choice of language
If translated, which language governs?
Dispute resolution provisions
Importance of choice of law / venue provisions
Arbitration vs. litigation
Enforceability of awards/judgments
How to deal with currency fluctuations / blocked currency
Short form vs. long form

23. How do different legal schemes influence a company’s approach to:
The sports content and event footage
The documentary content / news featurettes / b-roll footage
The movie of the week
Merchandise
Name/image/likeness rights of participants
Trademarks (event names, teams, etc.)
Athlete / talent / employee issues
Employment-related terms
Immigration

24. Sports Content / Event Footage
Adjacent Content
Produced Features
Sponsor Integration

25. How do different legal schemes influence a company’s approach to:
Brand and content protection
Pre-release / avoidance tactics
DMCA takedowns
Counterfeit goods
Associated internet domains
Other enforcement mechanisms?
NDAs?

26. How do different legal schemes influence a company’s approach to:
User Generated Content?
Prohibit it? Encourage it?
Which party/ies to the deal are responsible for deciding?
Marketing considerations
Guild / players union considerations

27. How do different legal schemes influence a company’s approach to:
Dispute resolution
What happens when things go wrong between business partners?
Solutions via litigation
Solutions via ADR
How / where do you deal with infringements?
Secondary liability issues?
Counterfeit goods

28. Questions?