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Copyright © 2010 by K&L Gates LLP. All rights reserved. International Sports Rights Tenders Warren Phelops Partner and Head of Global Sports Practice Tel: +44 (0)20 7360 8129 warren.phelops@klgates.com
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4 Media Rights Values English FA Premier League 2010/11 – 2012/13 - £3.6bn - Worldwide rights for 3 years UEFA Champions League 2008/2009 Season - €623m - Broadcast revenue = 75% total revenue
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5 Agenda Rights Ownership Packaging of Media Rights Harmonising the Commercial Programmes Planning and Structuring the Tender Key Default and Value Risks
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Copyright © 2010 by K&L Gates LLP. All rights reserved.
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8 Rights Ownership What rights can be tendered? - audio-visual, visual, audio and moving images - all forms of distribution/platforms/devices What is “ownership”? - varies in different jurisdictions - France: “Loi de Sport” - USA: commercial misappropriation - UK: contracts with venues, spectators, participants, press, host broadcaster
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9 Packaging of Rights: Maximising Revenue & Exposure By technology
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11 Online Success of IPL Searches for “IPL” comparable to “UEFA” and “Superbowl” IPL UEFA SUPERBOWL
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12 Fans want to watch “live” sport online
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13 YouTube/IPL stats 30 Million total video views 55 Million + Channel Views 22 Million + unique visitors 93,000 channel subscribers in 45 days 33 minute average time spent by visitors
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14 Packaging of Rights: Maximising Revenue & Exposure By technology By time window By territory Antitrust and Anti-Siphoning Piracy Case Study – the English Premier League (EPL)
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15 Harmonising the Commercial Programmes Potential conflicts - telco sponsors Sponsors’ Likely Media Requirements - branding - minimum coverage - broadcast sponsorship/virtual imaging restrictions
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16 Planning and Structuring the Tender Public law duties - transparency and fairness Process issues - binding/non-binding bids? - non-compliant bids - information control Attracting the right bidders - binding bids - fees - bid security Bidder misconduct - confidentiality
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17 Key Default and Value Risks Value diminution Delivery risks What if the winner defaults?
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18 Conclusion Rights Ownership Packaging of Media Rights Harmonising the Commercial Programmes Planning and Structuring the Tender Key Default and Value Risks
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Copyright © 2010 by K&L Gates LLP. All rights reserved. Thank you Warren Phelops Partner and Head of Global Sports Practice Tel: +44 (0)20 7360 8129 warren.phelops@klgates.com
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