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World Sports Advocate

Volume: 8 Issue: 4
(April 2010)


News

Sporting organisations will be able to better commercialise fixture lists and protect them from unauthorised reproduction, after the England and Wales High Court ruled that fixture lists are subject to database copyright under the Database Directive (96/9/EC). / read more

World Sports Law Report (WSLR) is organising Sport, Gambling & Sponsorship 2010, a Briefing examining legal, integrity and other issues created by the increasingly complex relationship between sport and gambling. It will be held at the London offices of Berwin Leighton Paisner LLP on 14 September. / read more

BSkyB and Ofcom put an interim agreement to the Competition Appeals Tribunal (CAT) on 29 April, which - if approved - would postpone Ofcom's requirement that BSkyB must supply Sky Sports 1 and 2 to other retailers at a reduced price. Following its investigation into the pay-TV market, UK communications regulator Ofcom required BSkyB to offer its sports content to other retailers at a 'wholesale must offer' (WMO) price set by Ofcom. BSkyB is preparing an appeal to the CAT against Ofcom's 31 March decision. / read more


Features

As image rights payments are typically taxed more favourably than salary payments, many countries have begun to investigate whether football clubs are disguising salary as image rights payments. Matthew Wentworth, a Barrister with Olswang LLP, examines the tax burden on professional footballers, what the UK and other countries are doing to tackle this issue and safeguards that clubs should consider adopting to avoid future problems. / read more

The Italian Olympic Committee (CONI) decided to implement a €100,000 fine for any athlete reporting a positive drug test at the 2010 Vancouver Winter Olympics. Stella Riberti, a Trainee Solicitor at CBA Studio Legale e Tributario, examines the reasons behind CONI's sanction and how it gels with Italian doping regulations, which do not require intention on the part of the athlete and Italy's criminal law against doping, which does require intention. She also explores possible windows for challenging the size of the sanction under the World Anti-Doping Code. / read more

The European Court of Justice (ECJ) recently ruled that football clubs can seek compensation for training young players, as long as that compensation is directly related to the club's cost in training that player. April Carr, an Associate in the EU & Competition team at Olswang LLP, examines the reasoning of the ECJ in Olympique Lyonnais SASP v Olivier Bernard and Newcastle United FC, and explains why the Fédération Française de Football's Charter breached the Treaty on the Functioning of the European Union. / read more

Lord Moynihan, Chairman of the British Olympic Association, has announced plans to introduce a bill into the House of Lords to give police greater powers to search athletes' rooms at London 2012. Jim Sturman QC, a Barrister at 2 Bedford Row and David Patience (currently a Pupil Barrister in the same set of chambers) consider whether the creation of such powers would be a feasible, desirable or necessary addition to UK criminal law. / read more

The Department for Culture Media and Sport recently published a Response to its Consultation on Ticketing and Ticket Touting, concluding that it would encourage self-regulation rather than making all unauthorised re-selling a criminal offence. Kitty Turner and Rebecca Fry, of Farrer & Co. LLP, explore the Response and examine measures that event organisers can take both to prevent ticket touting, and prosecute ticket touts. / read more


About World Sports Advocate

The monthly law publication providing guidance on all aspects of sports law, including licensing and sports data, anti-doping and doping sanctions, TV and broadcasting rights, sport technology, players agents, disciplinary measures, sports integrity, sports betting, player contracts, intellectual property, transfer regulations, sports sponsorship and marketing, and governance, as well as coverage of key legal cases, sporting regulations and governing bodies including the IOC, UEFA and FIFA and sporting events such as London 2012. / read more

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