2 Importance of Sport Law Relative to Sport Marketing Without working knowledge of how the law affects sport marketing, professionals in the field could risk considerable legal consequences.The law is complex, and sport marketers often require assistance from trained lawyers to navigate issues. But having a basic understanding of key issues is helpful.
3 What Is Intellectual Property? Primary goal of intellectual property law is to reward invention, ingenuity, and creativity in an effort to maintain an open and competitive marketplace.It is made up of three areas:1. Trademarks2. Copyrights3. Patents
4 LicensingA trademark, copyright, or patent owner may grant permission for its use to others for a fee.When another does not have permission or licensed rights to use the copyright, trademark, or patent, that person is said to be infringing on the rights of the intellectual property owner.
5 Trademark LawA trademark is a word, name, symbol, or device used by a person, generally a manufacturer or merchant, to identify and distinguish its goods from those manufactured and sold by others, and to indicate the source of the goods.
6 Trademark Registration To gain national trademark protection under the Lanham Act, a trademark must be registered with the United States Patent and Trademark Office (USPTO).Registered marks gain the following:The ability of the trademark owner to sue in federal courtThe ability to obtain trademark registration in foreign countries(continued)
7 Determining Trademark Infringement The strength of the trademarkThe degree of similarityThe similarity of the products involvedThe market channels involvedThe distribution channels involved(continued)
8 Determining Trademark Infringement (continued) The intent of the defendant in adopting the trademarkThe sophistication of potential consumersThe evidence of actual confusion
10 Copyright Law and Sport Marketing Copyrights can protect written works, music, pictures or graphic designs, and audiovisual works (including broadcasts of sporting events).Copyright Act of 1976 protects original works of authorship appearing in any tangible medium of expression.Digital Millennium Copyright Act provides copyright laws regarding digital creations and the Internet.(continued)
11 Copyright Law and Sport Marketing (continued) A copyright can be for something to be developed later, but the work must be something that can be perceived, reproduced, or otherwise communicated.
12 Works of Authorship That Are Protected Literary works, such as books and storiesMusical works, including any accompanying wordsDramatic works, including any accompanying musicPantomimes and choreographic works(continued)
13 Works of Authorship That Are Protected (continued) Pictorial, graphic, and sculptural worksMotion pictures and other audiovisual worksSound recordingsArchitectural works
14 Copyright Infringement Copyright infringement occurs when someone makes unauthorized use of a copyrighted work.Courts consider four factors when determining whether copyright infringement has occurred:(continued)
15 Defenses to Copyright Infringement The fair use doctrine:CriticismCommentNews reportingTeaching (including multiple copies for classroom use)ScholarshipResearch
16 Copyrights and Sporting Events Broadcast and cable television transmissions of sporting events are fully protected by copyright law, but the events, games, and statistics themselves are not necessarily covered.
17 PatentsPatents may be granted to anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement.A patent cannot be granted for a mere idea, only for the actual invention or a complete description of it.A patent lasts 20 years. After the patent runs out, anyone can use the technology or make the product.
18 Ambush MarketingOccurs when a company capitalizes on the goodwill of an event by using tactics to imply an official association with that sport event.The larger and more popular the event is, the more often ambush marketing arises.(continued)
19 Ambush Marketing (continued) Sport marketers and researchers alike have varying views of the appropriateness and ethics of ambush marketing.Typically, ambush marketing in sport takes one of the following forms:Use of generic phrasesPurchase of advertising time within the event broadcast(continued)
20 Ambush Marketing (continued) Presence in and around the event venueConducting consumer promotionsOffering congratulatory messages
21 The Right of Publicity and Invasion of Privacy (continued) Many court cases related to sport marketing have arisen based on these concepts, but legal lines continue to be blurry regarding them.