2.02 Interpret legal issues pertaining to sports and entertainment management.

Discuss legal issues associated with marketing products. Certain products are protected from reproductionor use unless permission is granted by the owner. Intellectual property is a person’s thoughts or creations. Protecting intellectual property is important because: Substantial profit is a reflection of a good idea. Businesses who originate an idea and protect it usually maximize profits.

Patents  are granted for an invention or an improvement on a product. Patents are granted for a limited period of time.

Trademarks and service marks A word, phrase, symbol, or design that identifies and distinguishes the company from others. Granted legal protection through the United States Patent and Trademark Office. Example: The Chicago Bulls have their own apparel.

Copyrights Literary works (novels, poems, newspapers). Artistic works (photography, paintings). Broadcasts (television, radio, Internet). Films. Original musical composition. Example: Faith Hill’s song Breathe is copyrighted so ownership is retained. Industrial designs apply to structural designs, aesthetics, or the look of a product.

Certification marks Collective marks are symbols used for a group or organization. Example: The National Football League’s NFL shield logo. Most sports and entertainment companies need to retain legal counsel to navigate and protect their company. The Lanham Trademark Act is designed to protect trademarks, certification marks, and collective marks. Teams or leagues such as the NFL, NBA, and Duke University own their logos.

Certification marks cont. The owners of logos can license others to use their logo to sell merchandise. Billions of dollars of merchandise are sold without licensing. Trademark infringement is using a trademark without authorization. Team owners see this as potential loss of revenue. May result in higher prices for legally registered merchandise.

Title IX  Federal legislation that dictates universities are required to provide equal opportunities for both men and women’s sports.  No one will be denied the opportunity to participate in sports based on gender.  Institutions receiving federal dollars must comply.

Americans with Disabilities Act  All public facilities must be reasonably handicapped accessible.

Sherman Antitrust Act  Federal legislation to protect industries from having one competitor that discourages competition within the industry.  MLB is the only branch of sports identified as exempt from the Sherman Antitrust Act.

OSHA  Occupational Safety & Health Administration Is an agency of the United States Department of Labor. Its mission is to prevent work-related injuries, illnesses, and deaths by issuing and enforcing rules (called standards) for workplace safety and health.

FEDERAL PROTECTION AGENCIES cont.  DEPARTMENT OF TRANSPORTATION The national highway traffic safety administration is part of this group - they are responsible for setting requirements for motor vehicle safety, maintenance, and fuel economy; testing vehicles and other automobile products for compliance with laws; conducts research on ways to save fuel an increase highway safety; investigates consumer complaints about vehicle safety

FEDERAL PROTECTION AGENCIES cont.  U.S. POSTAL SERVICE Enforces laws against fraud by mail; Exxon complaints from individuals; helps consumers recover money; provides information on common mail fraud scheme  FOOD AND DRUG ADMINISTRATION Sets and maintains purity and safety standards for foods, drugs, and cosmetics; researches contents new health and drug products; inspects food and health aide plants; ensures accurate labeling; removes unsafe products from the market