1. Chapter 14 Legal Issues in Sport Communication
Lecture 15
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2. 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

3. 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

4. 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

5. 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

6. 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

7. Cases Establishing Freedom of the Press

8. 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

9. 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)

10. 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)

11. 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

12. Elements of and Defenses to Libel

13. 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)

14. 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)

15. 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

16. 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)

17. 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

18. 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)

19. 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

20. 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)

21. 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

22. 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

23. 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

24. 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)

25. 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

26. 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?