Intellectual Property and Sports
Essays in Honour of P. Bernt Hugenholtz
Samenvatting
Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz
Edited by Martin Senftleben, Joost Poort, Mireille van Eechoud, Stef van Gompel & Natali Helberger
About this book:
Intellectual Property and Sports celebrates the enormous achievements of Professor Bernt Hugenholtz in the field of intellectual property and information law. Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Focus on sports-related intellectual property issues offers an ideal starting point for exploring core questions on information law. Legal rules in sports and intellectual property evolve in a climate pervaded by powerful lobby pressures with new technologies that have a profound impact on developments in the sports arena. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.
What’s in this book:
Prominent experts in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following:
- copyright and celebrity rights relating to players and player performances;
- neighbouring rights for organisers of sports events;
- ethnic and cultural references in team and league branding;
- legality of reselling event tickets;
- use of artificial intelligence in refereeing;
- related rights protection of images;
- e-sports and fantasy leagues; and
- sports celebrities and character merchandising.
The book explores the legal position of sports clubs and players, as well as legal issues surrounding the commercialisation and reporting of sports events. It offers intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess.
How this will help you:
By addressing the panoply of fascinating information through widely varying lenses and in different styles, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.
Specificaties
Inhoudsopgave
Part 1
Starting Whistle
Introduction: An Information Law Approach to Intellectual Property and Sports
Martin Senftleben, Joost Poort, Mireille van Eechoud, Stef van Gompel and Natali Helberger
Part 2
Players and Sporting Achievements: Copyright and Celebrity Rights
Protection of Sporting Achievements per se in Particular by Copyright Law: Some Notes about Justifications and Proper Boundaries
Willem Grosheide
Get a Move On: Copyright in Movement
Séverine Dusollier
Copyright and Choreography: Exploration in Three Acts
Marie-Christine Janssens
A Repetition of Moves
Gerard Schuijt
Tattoos: Control and Ownership of Body Art? Some Cultural Historical, Aesthetical and Legal Reflections
Thomas Dreier
‘The Portrait of a Gentleman’ – The Cruijff Case
Egbert Dommering
Commercial Rights of Sportspersons in Their Portraits: Better Protection through a ‘Lex Hugenholtz II’?
D.W. Feer Verkade
Sports Celebrities and Character Merchandising in the United Kingdom
Paul L.C. Torremans
The Use of Personal Characteristics in Sports Manager Games
Thomas Riis
Part 3
Sports Clubs: Organisational Efforts and Branding
Sports as Policy Levers in Intellectual Property Lawmaking
Stef van Gompel
Football, Copyright … and the Art of ‘Tiki-Taka’?
Raquel Xalabarder
Do We Need More Copyright Protection for Sports Events?
João Pedro Quintais
Exclusive Rights to Carnival Parades: In Comparison with Professional Football
Thomas Hoeren
Organisers of Sport Events: A Neighbouring Right?
Antoon Quaedvlieg
Sui Generis Rights: From Geschriftenbescherming to the Protection of Sport Event Organisers
Dirk Visser
Is the Unauthorised Commercial Exploitation of Sports Events Unfair?
Ansgar Ohly
An Economic Note on Reselling Tickets
Joost Poort
Ethnic References in Branding and Artificial Intelligence Content Moderation: From the Ajax ‘Jews’ to the Washington Redskins and Beyond
Neil Weinstock Netanel
Sacrificing the Gods on the Altar of Sports: The Redefinition of Cultural Symbols in the Sports Sector
Martin Senftleben
Part 4
Sporting Events: Rules of the Game, Event Data and Reporting
Database Rights in the EU’s Data Strategy: A Question of Sport?
Mireille van Eechoud
Of Football Fixtures, Football Matches, Jeans, Sweatshirts … and a Folded Bike: Functionality in the CJEU’s Copyright Case Law
Matthias Leistner
Creative Games
Pamela Samuelson
Sporting Events as Intellectual Property and Free Movement of Services: The Implications of the Premier League Case
Ole-Andreas Rognstad
The Football Game as a Copyright Work
Lionel Bently
How Football Changed Copyright Law: Public Performance, Communication to the Public and the Free Public Showing of Broadcast Films
Christina Angelopoulos
Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?
Tatiana Synodinou
Images in Sports: Reflections on Related-Rights Protection
Reto Hilty
Quoting Copyrighted Sports Content Under Fair Use After Google v. Oracle
Peter Jaszi
Part 5
New Technologies and Future Developments
Keeping the Field of Play Level: Volition, Causation and Responsibility in American Copyright Law
Paul Goldstein
The Missing Goal-Scorers in the Artificial Intelligence Team: Of Big Data, the Right to Research and the Failed Text-and-Data Mining Limitations in the CSDM Directive
Christophe Geiger
‘Voetbal Hoort niet bij Robots’: Attitudes Regarding the Use of Artificial Intelligence in Refereeing
Natali Helberger and Brahim Zarouali
E-sports: A Battle Royale for IP and Antitrust?
Thomas Vinje
Mars
Just Szynkovid
AI-JAX
Daniel J. Gervais
Part 6
Extra Time
Academia as eSport: Competitive Academic Gaming after the Age of Covid
Martin Kretschmer
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