In the fast-paced world of sports and media, an athlete's or media personality’s brand is more than just their abilities; it's a powerful asset that needs protection. The digital age has brought new challenges and opportunities for safeguarding image rights. Legal expertise becomes crucial in navigating this complex landscape as technology advances rapidly.
Image rights are the legal prerogative to control the commercial use of one's likeness. This is a significant aspect of their brand equity for athletes and media stars, encompassing endorsements, merchandising, and various forms of media representation.
However, the proliferation of digital platforms and the rise of technologies like deepfakes and artificial intelligence have made enforcing and managing these rights more challenging than ever.
Deepfake technology allows for the creation of hyper-realistic video and audio recordings, posing a tangible threat to sports and media star's images. The potential for misuse in creating unauthorised endorsements or damaging content is a pressing concern. Similarly, AI-driven algorithms can accurately replicate an athlete's likeness, blurring the lines between authorised content and infringements.
Understanding the legal frameworks governing image rights in the UK is essential to navigating this intricate digital terrain. While image rights are not codified as a standalone right under UK law, they are often protected through a combination of privacy rights, copyright laws, and passing off.
Athletes and public figures must adopt a proactive and strategic approach to image rights management to protect and leverage their brands effectively.
This involves meticulous contract negotiations, clearly defining the scope of image rights, usage parameters, and remuneration. Athletes should seek to include explicit provisions regarding digital representations and the use of their likeness in AI-generated content. Constant vigilance is also required to monitor and address unauthorised use, which may involve legal action or alternative dispute resolution mechanisms.
The evolving legal landscape also presents opportunities for athletes to harness the power of digital media to enhance their brand. By engaging with digital platforms under a well-defined legal framework, athletes can expand their reach, connect with a broader audience, and unlock new revenue streams. Legal expertise is indispensable in crafting agreements that maximise these opportunities while safeguarding against potential pitfalls.
As the digital age continues to shape the world of sports, the future of image rights demands a harmonious blend of legal acumen and technological savvy. Athletes and media personalities who partner with the right legal counsel can confidently navigate the complexities of the digital world, turning challenges into opportunities for brand growth and prosperity.
At Front Row Legal, we understand the unique needs of athletes and public figures in the digital age. Our team of experienced media and sports law professionals is dedicated to providing strategic legal solutions tailored to protect and enhance your brand.
Don't let the challenges of the digital landscape hinder your success. Contact Front Row Legal today and take control of your image rights in the digital age.
Endorsement deals are a cornerstone of an athlete or public figure's career, elevating their financial standing and significantly influencing their brand and public persona. Navigating these deals requires a combination of legal expertise and strategic negotiation to ensure that the agreements are lucrative and aligned with personal and professional goals.
This article delves into the critical aspects of negotiating endorsement deals, offering legal tips to help talent maximise value and protect their interests.
The core of any endorsement deal is the balance between commercial gain and personal integrity. The first step in striking this balance is thoroughly understanding the commercial terms involved. This includes the endorsement's scope, the agreement's duration, the remuneration structure, and any clauses related to exclusivity or morality. A keen eye for detail and a solid grasp of the implications of these terms are essential to ensure that the deal aligns with one's career trajectory and values.
Negotiation goes beyond financial remuneration and involves protecting legal rights and personal brand. One crucial element is control over one's image and likeness. Talent must assertively negotiate terms that specify how and in what context their image is used, safeguarding against potential misuse that could damage their reputation or dilute their brand equity.
The dynamic nature of an athlete or public figure's career requires flexibility within endorsement agreements. The contract should carefully incorporate provisions for renegotiation or termination in light of significant career milestones or unforeseen circumstances. This gives talent the agility to adapt to changing landscapes without being trapped by rigid commitments.
Equally important is anticipating and mitigating potential legal pitfalls. This involves thoroughly vetting the endorsing entity to ensure alignment in values and reputation and being vigilant about compliance with regulatory standards, particularly those governing advertising and consumer protection.
In this context, legal counsel becomes more than just a traditional advisor; they become a strategic partner empowering talent to make informed decisions. Legal professionals skilled in the nuances of endorsement deals can provide valuable insights into industry standards, negotiate terms that enhance value, and implement safeguards to protect legal and commercial interests.
Negotiating endorsement deals is an art form underpinned by legal understanding and strategic foresight. With a deep understanding of endorsement agreements' commercial and legal intricacies and expert legal guidance, talent can confidently navigate this terrain. This ensures the maximisation of commercial value and the steadfast protection of personal and professional integrity.
At Front Row Legal, we pride ourselves on our proactive, client-centric approach. We don't just review contracts; we help shape them. We don't just identify risks; we mitigate them.
We are dedicated to empowering our clients with the knowledge and legal support they need to thrive in the dynamic world of sports and entertainment.
Don't leave your future to chance if you're an athlete or public figure considering an endorsement deal. Partner with Front Row Legal and benefit from our unparalleled media and sports law expertise.
We'll tirelessly protect your interests, maximise your brand value, and help you achieve your career goals. Contact us today and experience the Front Row Legal difference.
When it comes to wedding planning, unpredictability can sometimes be the only certainty. From sudden storms that ruin outdoor venues to global events that bring celebrations to a screeching halt, unforeseen circumstances can turn carefully laid plans upside down. In the UK, where the law provides a framework for fairness and protection in contracts, understanding force majeure clauses is crucial for anyone involved in the wedding industry.
The term 'force majeure' might sound fancy, but its implications are deeply human. Translated from French, it means 'superior force’ (an act of God) —events outside our control that prevent us from doing what we promised. In legal terms, a force majeure clause is a provision in a contract that provides wedding service providers an amicable way out of a contract when an extraordinary event or circumstance beyond their control occurs.
In the context of wedding contracts, force majeure clauses serve as a lifeline. They acknowledge that some things remain beyond our control despite our best efforts. These clauses detail what happens if the event can't go ahead as planned due to natural disasters, strikes, or even new laws. The aim is to protect the service provider and the client from unfair penalties due to events beyond their control.
Putting together a force majeure clause that's fit for purpose requires more than just copying standard legal text. It needs to reflect the unique challenges of the wedding industry and the specific risks associated with your services.
This might mean including provisions for wild weather for an outdoor venue or considering the impact of government restrictions on guest numbers. The key is clarity—both parties should understand what qualifies as a force majeure event and the steps to follow if used.
Consider a scenario where a couple has planned a stunning countryside wedding, but unexpected flooding makes the venue inaccessible. With a well-drafted force majeure clause, the venue can use this provision, allowing the event to be rescheduled without penalty. This not only safeguards the venue's business but also maintains the goodwill of the couple, who are likely already feeling the pressure of the situation.
Another example could involve a caterer who cannot provide the agreed-upon service due to sudden government restrictions. A force majeure clause can provide a clear pathway for renegotiation, whether that's altering the service to fit new guidelines or postponing the event.
There's no official definition of force majeure in the UK, and it's not a concept automatically incorporated into contracts under English law. This means your contracts must include and define force majeure clauses explicitly. Without them, you might find yourself relying on the doctrine of frustration— a more unpredictable and less favourable legal standard.
Remember, behind every contract is a story—a couple dreaming of their perfect day and suppliers committed to making those dreams a reality. When drafting your force majeure clauses, balancing legal protection with empathy is essential.
Recognise the emotional and financial investment your clients make and ensure your clauses offer fair, compassionate solutions for when the unexpected happens.
As a wedding industry professional, your role is to deliver a service and provide peace of mind. A well-crafted force majeure clause is an essential tool in your kit, offering protection and clarity for you and your clients.
By understanding and thoughtfully incorporating these provisions into your contracts, you can navigate the unpredictable nature of event planning, ensuring that the dream of a perfect wedding day remains intact when plans change.
Considering the intricacies of force majeure clauses and their significant impact on your business and client relationships, getting expert legal advice is a smart move.
For guidance tailored to the unique needs of your wedding business, contact the Front Row Legal team. Let's ensure your contracts are as resilient and adaptable as your services, ready to face whatever the future holds.
For employers, defending an employment tribunal claim can be worrisome, especially considering the potential financial impact.
Navigating the complexities of tribunal proceedings involves various costs and expenses.
This blog post aims to give employers a detailed overview of the key costs associated with employment tribunals.
We'll examine the different categories of expenses, from legal fees to settlement awards, and offer insights into how employers can effectively manage these costs.
The goal is to give employers a comprehensive understanding of the financial considerations, realistic cost estimates, and prudent strategies to help minimise the economic burden of tribunal claims.
With the correct information and preparation, employers can feel empowered when facing the daunting prospect of employment tribunal proceedings.
With most claims highly complex, legal representation is practically essential for employers to mount an effective defence. Solicitors and barristers skilled in employment law must be retained, with fees scaling based on factors like case intricacy, volume of evidence, and number of witnesses involved.
If claims succeed, employers may be ordered to pay substantial compensatory damages for the claimant's losses and harms suffered. These amounts are case-dependent but often reach thousands of pounds, sometimes more.
Defence preparation demands extensive investments of internal resources. Critical tasks like gathering documentation, liaising with lawyers, and managing staff absences for evidence hearings accumulate. On average, hearings last 1-3 days but can span weeks for complex cases - time syphoned away from normal operations.
Beyond direct expenses, claims can inflict collateral damage via negative publicity. With hearings typically public, high-profile cases risk harming the employer's reputation and public perception.
Employers must act swiftly, filing a defence using form ET3 within 28 days to avoid default judgements. Missing this tight deadline can instantly spell defeat.
Extensive disclosure of relevant evidence and witness statement exchanges within prescribed timeframes are mandated. Meticulous, timely compliance is essential.
Multiple hearings may arise depending on case complexity, including preliminary, liability, remedy and appeal proceedings. Legal representation is typically prudent.
The compensation varies depending on the type of claim. A basic and compensatory award is calculated using a statutory formula for unfair dismissal claims. The maximum basic award is limited to £16,320, and the compensatory award is capped at 52 weeks' gross pay or £89,493, whichever is lower.
Early settlement is often more cost-effective than defending a claim, especially for low-value claims. Employers should engage in early conciliation procedures to explore settlement options without legal proceedings.
Navigating the multifaceted costs of employment tribunals can be daunting for employers.
While expenses vary case-by-case, understanding the potential legal fees, damages, and time investments enables prudent planning and decision-making should a claim arise.
However, there are no shortcuts - successfully minimising tribunal costs requires experience;
this is where consulting the experts at Front Row Legal represents a wise move for employers.
Our team leverages decades of specialisation in employment law and extensive litigation experience to strategically protect your interests.
We bring a tried and tested understanding of curbing legal expenses and aiming for efficient case resolution.
Whether through astute early settlement efforts or vigorously defending against unsubstantiated claims, our priority is shielding you and your business from excessive tribunal costs.
Don't tackle employment tribunal proceedings alone - allow our seasoned professionals to put our expertise to work for you.
Can Costs be Awarded in an Employment Tribunal?
Yes, but unusual. Unreasonable conduct by a party may warrant a costs order against them.
How Much Does it Cost to Go to an Employment Tribunal in the UK?
Employees no longer pay fees to issue claims so that they can initiate proceedings cost-free.
Employers bear their legal expenses.
Do Employment Tribunals Favour Employers?
Tribunals are impartial - they aim to make fair rulings based on the evidence per the relevant laws. No inherent bias exists.
For tailored guidance on your situation, consult the knowledgeable team at Front Row Legal. Our employment law expertise will prove invaluable.
When the pen hasn't been put to paper or termination clauses left undiscussed, the nebulous concept of "reasonable notice" enters the chat in contract law.
Determining what spans of time can be deemed "reasonable" for fulfilling obligations or ending agreements becomes a complex puzzle. For parties navigating contracts free of concrete terms, understanding the nuances of reasonable notice is critical to avoiding disputes.
In this blog post, we'll closely examine the finer points of this vital yet ambiguous principle within UK contract law. You'll learn how reasonable notice periods are evaluated for various contracts and circumstances.
In the absence of defined termination protocols, reasonable notice represents the crucial yet subjective period considered adequate for legally severing a contract. With no clear clauses to abide by, assessing what spans reasonable becomes a delicate balancing act as courts weigh various factors on a case-by-case basis.
Even minor miscalculations can render notice periods unreasonable, bringing drastic legal ramifications. Timing is everything, and parties looking to exit agreements must painstakingly evaluate the minimum durations needed to uphold the law and ethical business standards.
When contracts lack concrete dissolution details, hazard hides in the gaps of reasonable notice.
The High Court has highlighted this complex concept in assessing reasonable notice periods through key rulings.
In one particular case lacking a formal signed contract, the court identified an implied agreement between parties who had informally discussed arrangements via email exchanges.
When one party abruptly terminated the relationship without warning, the High Court deemed nine months would have been a reasonable notice period given the circumstances.
This precedent underscores how courts may find binding partnerships even absent clear documentation. It also reveals the extensive spans potentially considered reasonable for dissolving certain relationships.
Though contractual clauses carry weight, their absence does not absolve parties from giving lawful, ethical notice. The High Court's reasoned rulings offer guidance on navigating uncertain areas.
When determining fair notice periods, the High Court weighs various nuanced factors on a case-by-case basis. Some examples from the case we referred to previously are below:
The lack of a signed contract signalled the informal nature of the partnership, implying flexibility.
An extensive 2+ year relationship suggested stability, strengthened by the claimant's considerable upfront investments of time, effort, and £35,000 on marketing.
The abrupt termination tanked the claimant's turnover to less than half its prior level, indicating severe financial damage.
The judge evaluated how quickly the claimant could realistically replace the lost business and regain profit momentum after the sudden dissolution.
Additional context, like business seasonality, new hires, and operational changes, swayed the judge's final reasonable notice assessment.
The multifaceted analysis reveals how even minor details can tip the scales when determining adequate termination notice in legally grey areas.
A formal written agreement clearly outlining termination provisions is pivotal to avoid ambiguity and potential legal disputes. Without defined terms, parties risk becoming mired in costly litigation and being bound to "reasonable" notice periods that may unfavourably drag on.
Understanding the nuances of reasonable notice is crucial for protecting your interests in contract law. While each case has unique complexities, insight into key factors considered by courts can guide you in drafting rock-solid agreements.
At Front Row Legal, we leverage decades of extensive contract drafting expertise to help clients safeguard their business relationships. Our team has crafted customised agreements spanning all industries and values into the millions.
We understand how to outline explicit, lawful termination provisions designed to withstand legal scrutiny.
Don't leave your contracts plagued by vagueness - allow us to apply our unparalleled experience to fortify your agreements.
Contact our specialists today to discuss your business needs. We're here to provide friendly, tailored guidance every step of the way.
Reasonable notice represents the legally "reasonable" amount of time parties should provide when terminating a contract lacking formal terms. This ambiguous notice period is determined on a case-by-case basis.
Courts weigh numerous nuanced factors when evaluating reasonable notice periods, including the relationship's formality, duration, early investments made, and the financial fallout from dissolution.
Formal agreements aren't mandatory but are highly advisable to prevent ambiguity. Well-defined contracts with clear termination protocols can help avoid costly legal disputes.
Yes, by having a formal written agreement that clearly outlines the termination provisions.
For more information and personalised guidance, contact us at Front Row Legal.
Once merely a dream, the Court of Arbitration for Sport (CAS) now stands as a pillar of justice in sporting competition. This legal body acts as the highest authority and final arbiter for settling international sports-related disputes, steering parties away from prolonged legal disputes.
In this blog post, we'll explore the inner workings and impact of this quasi-Supreme Court for sports. You'll gain insight into the CAS's critical purpose, multi-faceted composition, and strategic approach to resolving conflicts efficiently while protecting athletes' rights worldwide.
Beyond the headlines and highlights, few fans recognise this modest but mighty institution upholding integrity at the heart of sports.
Since 1984, the Court of Arbitration for Sport (CAS) has stood as an impartial guardian of justice in world sport.
Headquartered in Lausanne, Switzerland, with additional offices in New York and Sydney, this independent institution serves as the supreme tribunal for adjudicating sporting disputes.
CAS leverages arbitration and mediation to broker binding resolutions from doping allegations to contract rifts and governance questions.
This unique global court of law allows athletes, teams, and sports organisations to settle high-stakes conflicts outside traditional legal channels. Wherever competition and discord emerge, CAS provides the final word, acting as the authoritative voice upholding integrity across sports.
When conflicts arise in sports, CAS ascends as the supreme adjudicator. Through arbitration, CAS issues binding rulings universally recognised as the final word. This accelerated process circumvents prolonged litigation, delivering decisive results and closure.
Parties who opt for CAS arbitration gain access to justice on a global scale without the constraints of jurisdictional boundaries.
For less contentious disputes, CAS opens its doors to mediation. This flexible approach fosters dialogue and mutually agreeable settlements through negotiation rather than formal judgments. Though non-binding, mediation can mend relationships in the long term.
CAS establishes rapid on-site adjudication through Ad Hoc Divisions during high-stakes events like the Olympic Games. These pop-up courts urgently resolve competition-related disputes within 24-48 hours. By providing real-time due process, CAS upholds the spirit of fair play.
Behind the scenes, the International Council of Arbitration for Sport (ICAS) oversees CAS's administrative and financial workings, allowing the court to function independently and consistently.
ICAS appoints experienced legal minds in sports to CAS's selective roster of arbitrators.
When a dispute arises, conflicting parties can hand-pick from this roster to assemble an arbitration panel, typically featuring one or three arbitrators, depending on the complexity. This intentional structure allows CAS to tap niche expertise while avoiding any single point of influence over its judgment.
CAS generates much-needed harmony in sports law interpretation and implementation by consistently applying legal principles and precedents across all jurisdictions. This uniform approach levels the legal playing field, cementing predictability and fairness no matter where disputes arise.
With no national or organisational affiliations that could introduce bias, CAS earns widespread trust and confidence as a credible and neutral forum for resolving sports-related conflicts. The court's independence and impartiality enable it to make decisions with legitimacy.
Thanks to the far-reaching New York Convention on arbitral awards, CAS decisions carry the weight of universal legal authority. Its rulings are readily enforceable and recognised across borders without local litigation. This global enforceability empowers CAS with worldwide jurisprudence over sports.
The Court of Arbitration for Sport is an indispensable pillar of justice in world sport. Its ability to deliver swift, cost-effective, and universally binding decisions has cemented its status as the premier global forum for resolving sports-related disputes.
At Front Row Legal, we have extensive firsthand experience advising and representing clients in complex CAS proceedings. We have developed specialised expertise in sports law and CAS protocols over years of navigating CAS arbitrations, mediations, and appeals.
We understand how to effectively argue cases before CAS while advancing your interests within this unique legal environment.
If you ever face a dispute in the world of sports, turn to our team for skilled guidance. As trusted advisors, we will stand by your side, leveraging our insider knowledge to achieve the best possible outcome before CAS.
Don't hesitate to contact us- we're ready to assist with your sports law needs.
What types of cases does CAS handle?
CAS serves as the supreme tribunal for any sports-related conflict, handling cases spanning doping allegations, contractual disagreements, governance issues, and other disputes that may arise. The court's jurisdiction is far-reaching.
Is CAS arbitration binding?
Absolutely. Rulings from CAS arbitration carry the weight of universal authority, recognised and enforceable across borders. These decisions represent the final word in sports justice.
How long does a CAS arbitration take?
While duration varies case-by-case, CAS aims to deliver expedited justice, resolving disputes significantly faster than traditional courts. Efficiency is a hallmark of CAS.
Who are the arbitrators at CAS?
CAS selectively appoints experienced legal experts in sports law to its elite roster of arbitrators. Parties involved in a CAS dispute can choose from this roster to find the ideal arbitrator(s) for their case.
For personalised guidance from start to finish, the sports law professionals at Front Row Legal are here to assist you. Contact us today.
Welcome to Front Row Legal, your go-to source for all things related to sports and media law in the United Kingdom. Today, we'll discuss sports and entertainment contracts and dispel some common myths and misconceptions surrounding them.
Contracts are critical to any professional relationship in the sports and entertainment industry, and we want to provide athletes, media stars, agents, and sports and media organisations with accurate information to help them make better decisions.
In the UK's entertainment and sports industry, verbal agreements lack the legal safeguards of written contracts. While technically binding if structured properly, verbal deals present notable risks.
Without documentation, the specific terms can become ambiguous over time, making disputes difficult to resolve. Written contracts provide concrete evidence of agreed upon provisions. This makes them far more secure in sectors where substantial investments and long-term partnerships are commonplace.
Although verbal agreements have legal validity, written contracts are invariably more prudent for formal business transactions. Relying solely on spoken handshakes is ill-advised, especially when large sums of money are involved.
It's tempting to believe a generic contract template checks every box. But in the nuanced world of sports and entertainment, cookie-cutter agreements fall painfully short.
Every athlete, agency, and organisation has specialised needs that demand tailored contracts. Without customisation, you risk legal exposure. Key terms may be omitted. Vital rights unprotected. Standard pacts peddled online cannot replace expert counsel in navigating this landscape.
Only through working closely with legal professionals can truly customised contracts be crafted to safeguard your distinct interests. Don't jeopardise your career or company with off-the-shelf agreements. Get contracts that fit like a game-winning glove.
Given the complexities involved in sports and media law, consulting a lawyer for contract review is not just advisable—it's essential. A legal expert can identify potential pitfalls, negotiate better terms, and ensure the contract complies with all relevant laws and regulations.
When drafting and reviewing sports or entertainment contracts, it's essential to understand that these documents are not just legal agreements but require effective communication and negotiation skills to ensure that all parties' needs are met.
This means that athletes, agents, and personalities must be able to clearly communicate their expectations and goals and listen to and understand the needs of others.
Without good communication and negotiation skills, sports contracts can become contentious and lead to disputes that could have been avoided with better communication and collaboration.
Contracts are not set in stone upon signing. Agreements can be modified even after all parties have formally executed them. However, any amendments require mutual consent from everyone involved.
One party cannot unilaterally alter terms. Proposed changes should be negotiated, agreed to in writing, and ideally formalised through an amendment officially updating the original contract.
While signed deals carry weight, they remain open to revision if properly executed. So don't assume handcuffs when contracts need tweaking - alterations can be achieved amicably with consensus and care.
This is utterly false. Breaching any term of a binding contract can spark serious legal repercussions. Both parties must fulfil all outlined obligations once an agreement is formally executed. Therefore, non-compliance by either side risks financial penalties, lawsuits, or other enforcement measures.
Even seemingly minor breaches still equate to contractual non-performance, potentially prompting formal legal action. Parties cannot simply walk away without consequence. The legal implications for breaching contracts can be severe.
Before making commitments, know they are enforceable. And if breached against, understand your options for seeking recourse. Ignorance will not release you from accountability.
Contracts are the foundation of the sports and entertainment industry, but misconceptions about them are common. We have highlighted the realities of sports and media deals in the UK by dispelling myths about verbal agreements, standard contracts, lawyer reviews, amendments, and breach consequences.
The takeaway is clear - customised, written contracts reviewed by legal experts are essential to protect your interests. Don't leave your career or business success to chance.
Consult with the experienced sports and media lawyers at Front Row Legal today. We will review your agreements with a fine-tooth comb, provide advice tailored to your needs, and equip you to confidently navigate the complex legal landscape of the sports and entertainment sectors.
Get in touch now to discuss your specific situation. Our team is ready to partner with you for success.
On 23 November 2022 we hosted a breakfast seminar titled Front Row Legal: An Audience with Michael Cheika. Here is a 2 minute video montage of the event.
Following an article being written by Manchester Evening News, our client’s image was wrongly used to illustrate a Manchester United season ticket holder who was banned after making Hillsborough gestures at Anfield. This prompted multiple other news outlets and websites to post similar articles, also containing our client’s image. This could have threatened our client’s job prospects and damaged their reputation.
After sending a letter of claim to Manchester Evening News and corresponding on a without prejudice basis, we were successful in not only having the article being removed from the website, but our client received an apology that can be seen here and to this day remains on their website, as well as being posted on all social media platforms. Our client also received a compensation package that covered their legal fees and aided in any damages caused.
Notice And Take-Down Letters were sent to the other websites who used our client’s image and subsequently, all of the infringing articles were removed.
If you or someone you know have had your reputation damaged, Front Row Legal's team can provide the expert advice and guidance needed. Find out more about our team and the services and advice we provide above.
Robina Hussein has left the company to explore new pastures, she has been a valuable asset to the business and will be greatly missed. We wish her the very best of luck with her future endeavours.
The European Court of Justice has issued a ruling in relation to copyright protection of databases that could have serious consequences for Football Dataco, the company that manages (amongst other things) the licensing of football fixture lists for the Premier League and the Football League.
Each year a complicated process is undertaken to plot the season’s fixtures according to a set of “golden rules” – for instance, that no club should have three consecutive home and away matches, in any five consecutive matches no club should have four home or away matches, all clubs should have played as far as possible an equal number of home and away matches at any given point in the season, and an equal number of mid-week matches for each club should be home or away matches. The resulting process therefore involves a large amount of information crunching, as well as liaison with the clubs and other interested parties such as the Police, whose resources are needed to police the matches. The job involved therefore is clearly highly skilled and involves a considerable amount of judgement and discretion.
The resulting fixture lists have a value to news media, betting companies and a multitude of publications in all media, and under the regime administered by Football Dataco have been made available on payment of fees. Those who have reproduced the lists or extracts from them without paying the required fees have been treated as infringing intellectual property rights.
Two principal intellectual property rights have been invoked. The first, the so-called “database right”, arises when there has been a substantial investment in obtaining, verification or presentation of the contents of the database concerned. When that right arises it protects the owner of the database from unauthorised extraction or re-utilisation of the whole or a substantial part of the database. Authorities of the European and English courts have already determined that the football fixture lists in question here are not protected by that right.
The latest ruling suggests strongly that copyright protection likewise will be unavailable. As this is a reference to the Court of Justice it does not determine facts finally, so there is the possibility for more developments. However, the Court of Justice has ruled that for all the skill and judgement involved in the process of generating the fixtures that does not qualify them for copyright protection under the relevant Database Directive (Directive 96/9) on the following basis. The Directive requires for protection to exist that the author of the database has made an original expression of his or her creative freedom in the selection or arrangement of the data which the database contains, rather than merely used skill and judgement to navigate around technical considerations, constraints or rules.
There will doubtless be much learned debate on the issue, but the simple issue that faces those involved in creating these fixture lists is the potential loss of a considerable income stream that is passed on to the clubs. In the grand scheme of things the loss to the game may not be huge, but it adds to the financial squeeze many clubs and participants in the game are experiencing.
For those of us who follow the politics of football, will have found the last few days and weeks very interesting.
The rift between professional football both here and in Scotland with HMR is glaringly obvious.
Messrs Redknapp, Storey and Mandaric have all been exonerated from criminal prosecution of tax fraud from events going back several years during their period together at Portsmouth. It does beggar belief that over £8 million has allegedly been spent on prosecuting a case which on the face of it had all the appearances of a genuine "civil dispute".
However, the Redknapp case became very much a show trial and demonstrated that HMRC clearly do not like the way football at the highest level runs itself. Clearly lessons need to be learned and there can be no doubt that all chief executives and finance directors at professional football clubs will want to ensure they have all of their tackle in order.
In the last couple of days we have seen two well-known clubs be forced into administration. Portsmouth entered into administration for the second time in two years. It looks like they have had problems paying the tax man.
More glaringly however is the potential demise of Glasgow Rangers-a powerhouse not only in Scottish football but in Europe given their annual participation in the Champions League.
Different messages are coming out but it looks like HMRC have flexed their muscles. There is talk of a potential liability of £75 million to HMRC in relation to liabilities arising from Employment Benefit Trusts (EPT's) with another £9 million of outstanding PAYE accumulated in the last 12 months and during the period of Craig Whyte’s ownership. Yesterday, was high drama in the Scottish courts with HMRC threatening to appoint their own Administrators if the club themselves had chosen not to enter into administration. The true level of debt will no doubt surface in the next few weeks but it looks as if "the bubble is starting to burst" and the worry is that many other clubs in the Britain could be teetering on financial survival.
In the past HMRC took a fairly relaxed approach towards football clubs. They may have come under pressure from MP’s ‘to go easy’ and to ensure that the fabric of the community was not destroyed. However, given the economic climate and times of austerity the Treasury are under pressure to collect as much tax as possible.
This is not the end of the on-going battle because we are shortly to receive a decision from Mr Justice David Richards on the status of the "football creditor rule" which has irked HMRC for several years.
The one lesson that all football clubs can learn is that HMRC will do no favours. Winding up petitions will be issued like confetti if the trend of using HMRC as a ‘second bank’ continues. It looks like a reality check is coming the way of professional soccer in this country. The likely outcome is that there will be a suppression of wages (some may say long overdue) and with the UEFA financial Fair Play Rules starting to bite we are in for a new dawn of financial prudence.
