The Importance of Intellectual Property Rights in Sports Event Marketing

Abstract

In this chapter, we will explain the important part played by Intellectual Property Rights (IPRs) in Sports Events Marketing. Indeed, without IPRs, it would be impossible to market sports events, sports persons and sports teams, because sports bodies and individuals would have nothing to commercialise or sell. No one is going to pay for the grant of any rights to be associated with sports events or to sponsor sports personalities and teams without those rights being recognised by law and, as such, being legally enforceable against others that I have not been granted those rights and—even more importantly—have not paid anything at all for the privilege of exploiting them commercially.

Appendices

Appendix

Copyright Assignment*

* By I.S. Blackshaw.

THIS ASSIGNMENT is made the …….. day of ……………….……… 20[….]

Between

(1)……………………………………………………………………………………………

whose registered office is at ………………………………………………………….…(“Author”)

(2)……………………………………………………………………………………………

whose registered office is at ………………………………………………………….…

(“Company”)

Recitals

• A. The Author is author of and copyright owner in the Work

• B. The Company wishes to take an assignment of the copyright in the Work upon the terms set out herein

Operative Provisions

• 1. Definitions

  • 1.1 The following definitions shall apply in this Agreement:

    “Act” means the Copyright Designs and Patents Act 1988 as amended from time to time

    “Fee” means £[ ]

    “Right” means any and all vested, contingent and/or future copyrights, any and all accrued rights of action and any and all other rights of intellectual property including but not limited to database rights, design rights, rights in respect of registered designs, rights in respect of trade marks (including but not limited to make application for registration of any of the same) and any other applicable rights of whatever nature in and in relation to the Work whether now known or created in the future to which the Author is entitled by virtue of any of the laws in force in any part of the Territory for the entire duration of any such rights (including any renewal or extension thereof)

    “Term” means the full period of copyright in the Work including all renewals, reversions and extensions of copyright in the Work arising under the laws in force in each part of the Territory

    “Territory” means the world

    “Work” means the artistic work a copy of which is annexed as Exhibit 1

  • 2. Assignment

    • 2.1 In consideration of the Fee the Author assigns the Rights to the Company with full title guarantee in the Territory for the Term in respect of which the Company shall pay the Author the Fee on signing this Agreement

    • 2.2 at any time after the date of this Agreement each of the parties shall at the request and cost of the party execute or procure the execution of any document and do or procure the doing of any act as the party requires so that the party receives the full benefit of all the provisions of this Agreement

  • 3. Warranties

    • 3.1 The Author represents and warrants to the Company that

      • 3.1.1 the Author is sole author of the Work and was throughout the creation of the Work a “qualifying person” within the meaning of the Act

      • 3.1.2 the Author is the absolute and unencumbered legal and beneficial owner of the Right in the Work throughout the Territory and has not assigned or licensed any rights in the Work to any person

      • 3.1.3 there is no present or prospective claim in respect of any rights in the Work which may infringe any of the Rights

      • 3.1.4 the Work is original to the Author and does not infringe any right of copyright right in respect of databases right in respect of designs registered designs trade marks or other intellectual property right moral right or right of privacy or right of publicity or personality or any other third party right

      • 3.1.5 copyright in the Work is valid and subsisting pursuant to the laws of the United Kingdom and the United States of America and the provisions of the Berne Convention and Universal Copyright Convention

      • 3.1.6 the Work contains nothing which is obscene blasphemous libellous or otherwise unlawful and the exploitation of the Work will not infringe the rights of whatever nature of any third party in any part of the world

  • 4. Indemnity

    • 4.1 The Author hereby agrees to indemnify and keep indemnified the Company from any loss expenses damages cots or prejudice including without prejudice to the generality of this provision the Company’s legal costs on a solicitor and own client basis arising directly or

      indirectly as a result of any breach or non-performance by the Author of any of the Author’s obligations or warranties in this Agreement

    • 4.2 The Author irrevocably and unconditionally waives all rights in respect of the Work to which he is now or may be entitled under the Copyright Design and Patents Act 1988 ss77 and 78 and any similar rights in force during the Term in any part of the Territory

  • 5. Alterations to the Work

    • 5.1 The Author irrevocably and unconditionally waives all moral rights in the Work to which he is entitled under section 80 of the Act and any similar rights to which he is entitled in any part of the Territory

    • 5.2 The Company reserves the right to alter the Work as in its discretion it sees fit and the Author consents to any and all such alterations

[Boilerplate Clauses]

[Execution Clauses]

Exhibit 1