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Sports and Entertainment Legal Issues
13 Sports and Entertainment Legal Issues 13.1 Laws 13.2 Labor Unions 13.3 Agents and Contracts
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Winning Strategies A Perfect Match
Sanders Morris Harris Group paid $5 million for a 50% interest in Select Sports Group. The combined group offers services in: salary/contract negotiations financial planning This new group has the resources to expand. Major League Baseball clients National Basketball Association clients Chapter 13
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Goals Discuss how laws impact sports and entertainment marketing.
Lesson 13.1 Laws Goals Discuss how laws impact sports and entertainment marketing. Explain copyright law. Chapter 13
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Terms franchise broadcast flags copyright laws intellectual property
royalty Chapter 13
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THE LAW In 1966, Congress allowed two exemptions from the Sherman Antitrust Act to allow the formation of an expanded NFL. Congress also allowed the owners of the merged leagues to form a cartel. Chapter 13
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Governing Sports and Entertainment
The laws governing sports and entertainment are designed to protect: players celebrities producers promoters investors Chapter 13
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franchise an authorization from local governmental agencies to sell services in a given area Competition tends to drive prices down and improve the quality of service for customers. Chapter 13
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The Broadcast Flag Rule
broadcast flags digital bits that can be imbedded in digital programming to prevent programs from being recorded and redistributed In 2005, a federal court ruled that the FCC could not regulate equipment, only communications. Chapter 13
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The major TV networks are working to add the use of broadcast flags into pending federal laws.
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Federal Laws Federal laws that have had a major impact on the sports and entertainment industry include Sherman Antitrust Act (1890) Clayton Act (1914) National Labor Relations Act (1935) In 1998, Congress passed the Curt Flood Act to give baseball players more protection. Chapter 13
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What are two general purposes for laws governing sports and entertainment?
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WHO HAS THE RIGHTS? copyright laws
protect the unique work of the originator within the geographic boundaries to which the laws apply Chapter 13
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intellectual property
the unique works of writers, artists, and musicians that can be protected under copyright law royalty payment to the owner of copyrighted work for the use of their copyrighted material fixed the work must be recorded on a permanent medium Chapter 13
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All material available over the Internet is protected by copyright law.
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U.S. Laws U.S. copyright laws are not enforceable in other countries except where the U.S. is part of an international copyright convention. Countries with high levels of piracy are: China Russia Chapter 13
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Legal Listening The Recording Industry Association of America (RIAA) regards file sharing as theft and has begun to aggressively prosecute violators. Chapter 13
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Consumer-oriented companies like Apple Computer are helping the music industry rethink its distribution channels and find ways to please customers while protecting profits. Chapter 13
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What do copyright laws protect?
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Goals Explain the need for salary caps.
Lesson 13.2 Labor Unions Goals Explain the need for salary caps. Describe the financial and public relations impacts that strikes may cause to a sport. Discuss owner-labor relations and the impacts of labor unions. Chapter 13
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Terms collective bargaining collective bargaining agreement salary cap
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ORGANIZED LABOR players’ associations collective bargaining
the labor unions of athletes in professional sports collective bargaining when a group of employees join together as a single unit to negotiate with employers Chapter 13
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Bargaining Rights collective bargaining agreement (CBA)
negotiated by the players’ association covers all league players includes salary ranges, contract length, and operating rules Chapter 13
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Topping the Salary salary cap
a maximum amount that a team can spend on players’ salaries Chapter 13
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How do players’ salaries influence the financing of professional sports?
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OWNERS VERSUS PLAYERS When owners and players can not come to an agreement on contracts, strikes can result. Everyone looses out during a strike. Chapter 13
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Picking Up the Pieces Congress can design laws to control the loss of wages by third-party victims. Chapter 13
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Winning Back the Fans Despite assorted promotional efforts, it is often hard to win back fans after a strike. Chapter 13
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Why do labor conflicts hurt the promotion of a sport?
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LABOR RELATIONS Soccer Success Major League Soccer (MLS)
owners are considered business partners structure was designed to keep teams with big audiences from dominating teams in smaller markets Chapter 13
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Getting Along Labor and management must cooperate if a business is to succeed. Chapter 13
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Entertainment Labor Unions that represent celebrities are:
The Screen Actors Guild (SAG) The American Federation of Television and Radio Artists (AFTRA) Chapter 13
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How do strikes and lockouts financially affect a sports team?
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Lesson 13.3 Agents and Contracts
Goals Discuss athlete agents, handlers, and advisers. Describe contract law. Chapter 13
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Terms agent handlers advisers contracts agent contract
noncompete clause Chapter 13
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SHOW ME THE MONEY agent the legal representative of an athlete or celebrity Chapter 13
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Legally Speaking Most agents for big-name celebrities are either attorneys or accountants. Agents are paid a percentage of the celebrity’s negotiated earnings. Most leagues require the agent to be registered with the league as an agent. Chapter 13
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Handlers handlers work closely with athletes who are unable or unwilling to police themselves behavioral monitors Athletes need to have a positive public image to stay valuable to their sponsors. Chapter 13
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Advisers advisers are financial and business counselors
help athletes manage their newfound wealth for long-term financial security Chapter 13
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What are some of the responsibilities of a sports agent?
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LEGAL AGREEMENTS Contracts That Bind contracts agent contract
agreements enforceable by law that detail the transaction of business agent contract an agreement in which an athlete allows a person or agency to represent the athlete in marketing the athlete’s ability and name Chapter 13
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Contracts are enforceable by law when they involve a promise in exchange for something of value.
noncompete clause prohibits a person from working in a competing business for a specific period of time Chapter 13
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Whom do contracts protect?
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PERFORMANCE INDICATORS EVALUATED
Demonstrate effective communication skills. Demonstrate skills in developing a speech that includes an introduction, body, and conclusion. Chapter 13
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Use appropriate tempo and pitch.
Utilize nonverbal gestures as appropriate. Achieve the purpose of the speech. Chapter 13
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THINK CRITICALLY Why is extemporaneous speaking a valuable skill in the business world? How are amateur, college, and professional sports business issues? Why is the introduction to a speech important? Why should the conclusion of the speech be related to the introduction? Chapter 13
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