Chapter 14 Legal Issues in Sport Communication Lecture 15 {Date}

Learning Objectives Examine the evolution of player–media relationships and the legal issues related to sport communication Understand the role of the sport media in informing the sporting public Become aware of the legal cases establishing athletes and coaches as public figures and the evolution of the right of publicity as it pertains to athletes, coaches, and sport entities Comprehend the legal issues surrounding the legal rights of sport entities to real-time sport information and player statistics Recognize the legal issues surrounding gender equity and locker-room privileges

Profile of a Sport Communicator: Mark Roesler Chairman and CEO of CMG Worldwide Attorney who protects intellectual property rights of sport figures Represents high-profile and legendary figures in many landmark legal battles involving… Right of publicity Copyright and trademark Domain name battles Roesler established the company to provide services in protecting and marketing images Licensing and merchandising Advertising and endorsements Marketing and public relations Legal representation Consulting and speaking engagements

Introduction Some athletes distrust reporters Some reporters believe athletes disrespect the journalism profession Sport entities desire to maintain and enhance their image Sport journalists desire to provide the public with desired info All leads to inherent clash between sports figures and media Player–media relationships experience conflict Involved in this conflict are issues Legal rights of journalists Legal issues surrounding sport communication and the Constitution Freedom of the press Defamation law Public figures and privacy rights Libel, slander, right of publicity

Examining Player–Media Relations Many issues have cultivated the current state of player–sport media relations Public’s desire for more sports info Invention of TV provided competition for papers Reporters searched for new angles Arrival of investigative reporting The instantaneous nature of the Internet brought competition Competition and limited space force reporters to dig for stories Controversies involving athletes capture the readers/viewers Athletes argue invasion of privacy and defamation Media argue First Amendment and freedom of the press

Establishing Freedom of the Press: The First Amendment Guarantees the freedoms of religion, speech, and press Encompasses the freedom to write, publish, and communicate idea Affords the press the protection it needs to fulfill its duty as a watchdog Is grounded in the idea that only a truly informed public can make educated decisions, and the role of the press is to expose a potentially hostile government or issues that are a matter of public interest

Cases Establishing Freedom of the Press

Defining the Limits of the Press Libel was not to be included in free speech In defining the limits of free speech, one must consider the parameters specific to defamation

Defamation Intended to provide punishment for speech not protected by the First Amendment Refers to communication that is so harmful that it significantly tarnishes the reputation of an individual or prevents other persons from associating with the individual May expose an individual to public hatred, embarrassment, and ridicule May be a result of news reports, media releases (continued)

Defamation (continued) For defamation to occur, the defamatory statement must be communicated to a third party Defamation law involves the balancing of two absolute freedoms: The right to privacy Freedom of the press Because plaintiffs must prove actual malice or a reckless disregard for the truth, members of the media are usually afforded greater protection to inform the public Defamation may be a form of Oral communication (slander) Written communication (libel) (continued)

Defamation (continued) Courts will examine multiple factors: Original meaning of the statement Whether statement can be verified Social context in which statement was made Defamation also considers the status of an individual: Individuals’ protection for defamation varies based on their classification as a public figure or private figure

Elements of and Defenses to Libel

Public Versus Private Figures: Landmark Cases New York Times v. Sullivan Curtis Publishing Co. v. Butts Chuy v. Philadelphia Eagles Warford v. Lexington Herald-Leader Rosenbloom v. Metromedia Gertz v. Robert Welch (continued)

Public Versus Private Figures (continued) Both professional and amateur sports figures Are most often considered public figures Represent matters that are in the general public interest; thus, are afforded less protection Opinions, even if false opinions, are protected False statements are not protected Courts have allowed sportswriters to be hyperbolic in their descriptions and characterizations of sport participants (continued)

Public Versus Private Figures (continued) Public figures carry the burden of proving Falsity of a statement Statement was made with actual malice Libel law involves the balancing of two competing principles Protection of one’s good reputation Freedom of expression, particularly freedom of the press Lleyton Hewitt sued the ATP for defamation of character SI settled with former Alabama coach Mike Price

Right to Privacy: Fourth Amendment Types of privacy invasion Intrusion into solitude Public disclosure of private facts Depiction in a false light Commercial exploitation of a person’s name or likeness Narrow degree of protection for public figures (continued)

Right to Privacy (continued) Most public persons seek and consent to publicity Personalities and affairs of athletes, coaches, and high-profile members of sport entities are viewed as inherently public Constant exposure that is received, combined with their expectation that such exposure will occur, tends to make athletes, coaches, and high-profile members of sport entities more psychologically tolerant of press behavior The press has a right to inform the public about matters of public interest

Copyright and Trademark Sport entities and athletes have realized the importance of protecting their brand image Copyright and trademarks Are used to protect property Afford the sport entity protection The Copyright Act Section 43 of the Lanhman Act Prevents the use of words and images that could confuse consumers regarding a product’s origin Provides the foundation for the argument that without the ability to control their image, celebrities will be at the mercy of companies desiring an association with a celebrity (continued)

Copyright and Trademark (continued) Trademark Revision Act Copyright law Protects the rights of the property owner to reproduce, adapt, distribute, perform, and display the work Fair Use Doctrine Trademark law protects trademarks, service marks, and collective marks Most often in sport, copyright cases center on Performance of athletes TV rights Unauthorized use of the property Most cases in sport involve name confusion, cancellation, abandonment

Right of Publicity Athletes realize the benefits of projecting the right image Image and persona are key in capitalizing on endorsements Pro athletes realize value of persona and work to protect image They protect and maintain control of their image through the right of publicity Right of publicity protects athletes’ and celebrities’ marketable identities from commercial misappropriation by recognizing their right to control and profit from the use of their Names and nicknames Likenesses Portraits Performances Biographical facts Symbolic representations (continued)

Right of Publicity (continued) The right of an individual to control commercial value and exploitation of his name or picture or likeness or to prevent others from unfairly appropriating the value for their commercial benefit The right to publicity guarantees protection to one’s right to profit from the value of his or her name, likeness, activities, and identity The right stems from privacy law, trademark or copyright law, property law Justices Brandeis and Warren were important in the creation of the right to publicity and privacy The right of privacy, in theory, applies equally to public and private figures

Right of Publicity: Key Cases 1941: O’Brien v. Pabst Sales Company 1953: Haelan Laboratories v. Topps Chewing Gum 1977: Zacchini v. Scripps-Howard Broadcasting Company 1975: Joe Namath v. Sports Illustrated 1995: Restatement of Unfair Competition 1995: Joe Montana v. San Jose Mercury News

Assessing Technology’s Impact on Legal Issues Real-time scores: Elements that must be present in order for info to be hot news: The sport entity generates and acquires the info at an expense The info is time sensitive A third party’s dissemination of the info Would be at the expense of the sport entity. Directly competes with dissemination of info from sport entity The quality of info would be threatened by third parties Online fantasy sport leagues

Protecting Reporters’ Rights to Locker-Room Access Controversy surrounding the media’s access in the locker room Female sports reporters have been harassed when assigned to cover certain beats and to conduct interviews in the locker room Lisa Olson (Boston Herald) and New England Patriots Melissa Ludtke (SI) and MLB: This case provided female sports reporters with the legal rights to conduct the duties of their profession and access locker rooms (continued)

Locker-Room Access (continued) Instances still exist where they face harassment from athletes, administrators, and media colleagues The right of members of the media to have locker-room access is essential for performing the duties and responsibilities of their position Team officials must strike the balance Privacy rights of players in the locker room Rights of media members to perform their duties

Discussion Questions How do privacy rights affect right of publicity? How does copyright law pertain to the media’s use of images and works? Why is right of publicity important to an athlete’s career? How have player–media relationships evolved? Should teams have legal rights to real-time sport scores? Should athletes, coaches, and high-profile members of sport entities be considered public figures? Should false opinions be protected under First Amendment? How does First Amendment empower sport media to inform the public? How is the balance achieved between freedom of the press and invasion of privacy in sport? How does this balance affect the relationship between sport public figures and the sport media? How would you characterize the sport media’s coverage of athletes, coaches, and high-profile members of sport entities? How does this coverage differ? What causes differences in the amount and type of coverage?