Major Issues in Sports Law

Description

Major Issues in Sports Law provides a comprehensive and contemporary examination of the legal frameworks governing modern sport, addressing the increasing complexity of sports-related disputes, governance, and regulation. As sport continues to evolve into a highly commercialised and globalised industry, the book offers timely insights into how legal principles intersect with sporting practice at both national and international levels.

Table of Contents:

CHAPTER 1: SOURCES OF SPORTS LAW
– General Principles
– Dominance of Swiss Law in Sports Jurisprudence
– Influence of the Olympic Movement
– Olympic Charter
– National Sports Bodies
– International Sports Bodies
– Tarnish the Reputation of the Sports
– Actions of Sports Governing Bodies over Individual Player
– Restrictions on Exploitation of Commercial Rights for All Clubs
– Sports Activities
– Wrong Assumption of Jurisdiction by Governing Bodies
– Control of Access by Sports Governing Bodies
– Challenge the Outcome of an Official’s Decision
– Prohibition on Participation in Rival Organisations
– National Sports Bodies’ Actions against Clubs
– Actions between International and National Sports Bodies

CHAPTER 2: ETHICAL ISSUES IN SPORTS AND OLYMPICS

– Ethics in Competitive Sports
– Scale of the Problem in Match Fixing and Corruption
– Information from Interpol
– Financial & Social Cost of Sports Corruption
– Spot fixing
– Circumstantial Evidence
– IOC and sport integrity
– Anti-Doping in Sports and Regulatory Framework
– World Anti-Doping Code and Prohibited List
– Sample Collection and Testing
– Therapeutic Use Exemptions
– Sample Collection Process
– Fairness in Doping Policies
– 2023 Doping Cases involving Olympic Gold Medalists
– Doping and Ethical Sports Issues in Different Countries
– Marijuana or Cannabis
– World Anti-Doping Agency (“WADA”)
– National Anti-Doping Organisations (“NADOs”)
– Anti-corruption Framework for Sports
– Corruption and Betting in Sports
– Insider Information for Betting
– Legal Procedure in Corruption Cases
– Evidence in Corruption Cases
– Criminal Proceedings in Sports Corruption
– Sanctions in Corruption Cases

CHAPTER 3: CONTRACTUAL ISSUES AND PLAYERS’ RIGHTS

– Major Issues
– Players’ Rights
– Employment Contracts of Sports Individuals
– Independent Contractors
– Formation of the Employment Contracts
– Legally Binding
– Obligations of the Sports Employee
– Obligations of the Sports Employer
– Payment of Wages by Sports Employer
– Termination by Sports Employer
– Status of a Free Agent
– Legal Obstacles and Issues
– Restraint of Trade
– Restraint of Trade and Third Parties
– Nationality Restrictions and EU
– Free Negotiations and Governing Bodies
– Discrimination – Sex, Race or Religion
– Sexual Discrimination in Judo
– Contracts Involving Minors
– Child Protection in Sport

CHAPTER 4: SPORTS VENUES AND EVENTS

– The legal framework
– Standard of Care
– Safety of Sports Grounds
– UK Football Spectators Act 1989
– UEFA Standard
– Equality and Alcohol Control
– Staging Arrangements
– Sports Venues in Public Places/International Waters
– Ownership of Sports Venues
– Public Places as Venues
– Revenue Sources for Venue Hosts
– Venue-based Sponsorship
– Stadium Naming Right
– Lotteries and Betting
– Merchandise Companies
– Match Day Management
– Risks Management
– Insurance Requirements

CHAPTER 5: SPORTS SELECTION PROCESS AND DISPUTES

– Types of Selection
– Selection Process
– Objective and Subjective Tests
– Selection Policy
– Variation of Selection Policy
– Rights of Appeal
– Breaking Formula
– Fairness and Full Disclosure
– Eligibility
– Purpose of Right to Appeal
– Successful Factor of Appeal: Eligibility
– Outcome of a Successful Appeal
– Appellate Cases in Olympics
– Impact from 2012 London Olympics
– Conclusions

CHAPTER 6: IMAGE RIGHTS’ PROTECTION

– Nature of Image Rights
– Players’ Celebrity Status
– Substantial Value of Image Rights
– Unauthorised Use of Identity in Advertising
– Defamation
– Trade Descriptions Act 1968 in England
– Copyrights
– Trademarks
– Passing Off
– Legal Principles in Tort Cases of Passing Off
– English Position after 2010
– Relevant Legislations on Privacy
– Image Rights Contracts
– Morality Clauses
– The Olympic Charter on Image Rights
– Sports Clubs’ Control of Players’ Image Rights

CHAPTER 7: INTELLECTUAL ISSUES IN SPORTS

– Nature and types
– Control of Sports Persons
– Copyrights in Published Materials, Sound and Motion Cases
– Copyright Issues in Sports Events
– Written and Published Sports Events
– Trademarks in Sports Events
– Licensing & Merchandising
– Licensors of Right
– Merchandising Revenue
– Targets for Licensors
– Targets for Producer
– Risks in Licensing
– Principal Clauses: Merchandising/Licensing Agreement
– Grants of Rights
– Maintenance of Brand Value
– Limitations on Indemnity and Debt
– Warranties & Undertakings from Licensor
– Producer’s Warranties & Undertakings
– Expiry and Rights of the Producer

CHAPTER 8: SPONSORSHIP

– Nature of Sponsorship
– Reasons for Sponsorship
– Stadium or Venue Sponsorship
– Title or Event Sponsorship
– Secondary Sponsorship
– Official Supplier Status
– TV, Radio and Other Media Sponsorship
– Player Sponsorship
– Individual Endorsement Issues
– Club and National Rights
– Intellectual Property Rights
– Sponsors’ Access to Participants
– Main Features in Sponsorship Agreement
– Sponsor’s Rights
– Duties & Obligations of the Sponsors
– Duties and Obligations of Event Owners
– Termination of Sponsorship Agreement
– Negative Products in Sports Sponsorship
– Participants and Spectators
– A Case Study on Sponsorship Agreement

CHAPTER 9: SPORTS ARBITRATION AND DISPUTE RESOLUTION

– Legal Principles in Sports
– Evidence
– Academic View of Sports Law
– Application of General Principles of Law
– Damages/Financial Relief
– Knowledge of Sports
– Interim Injunctions in Sports
– Merits of Interim Injunction
– Final Injunction and Declaration
– Damages
– Arbitration in Sports at National Level
– Arbitration Agreement
– Attributes of Arbitration
– Attributes of Arbitral Tribunal
– Validity of the Arbitration Agreement
– Non-Arbitral Issues
– Parties to Domestic Arbitration
– Stay of Court Proceedings
– Assistance by National Courts
– Judicial Assistance for Arbitration
– Challenges to Arbitral Awards
– Enforcement of Arbitral Awards

CHAPTER 10: IOC, CAS AND WADA

– Legal Status of IOC
– International Sports Federations
– Functions of IOC
– Good Governance
– National Olympic Committee
– CAS (Court of Arbitration for Sports)
– Nature of CAS
– Structure of CAS
– Appellate Cases
– CAS Arbitrators
– WADA (World Anti-Doping Agency)
– Structure of WADA
– WADA Code
– Prohibited List