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Intellectual Property is the Name of the Game Mark Lichtenhein World Sport Law & IP Forum Chairman Chairman, Sports Rights Owners Coalition SPORTS RIGHTS OWNERS COALITION (SROC) SPORTS RIGHTS OWNERS COALITION (SROC) SROC’s Main Focus is all about IP: • Sports Organisers Rights • Media Rights • Gambling Rights • Protection against copyright infringement • Protection against digital piracy • Protection against ambush marketing SPORTS RIGHTS OWNERS COALITION (SROC) The Digital Single Market (DSM) and Sport • DSM is a very wide-ranging initiative, not specifically targeted at the Creative Industries, but addressing primarily: • • • • • Cross-border e-commerce rules Affordable high quality cross-border parcel delivery Reduction of cross-border VAT obstacles Prevention of unjustified geo-blocking The update of European copyright law • Unintended consequences will affect the creative industries in general SPORTS RIGHTS OWNERS COALITION (SROC) Key Issues for Sport in the DSM • Sport is culturally very specific - even more than film and entertainment • No “single market” in sport – rights values vary dramatically across each country of the EU • Current offers across the EU are a product of territorial licensing SPORTS RIGHTS OWNERS COALITION (SROC) Key Benefits of Territorial Licensing • Grass roots sport thrives on share of income • Consumers get a tailored product with the sports and events that they want • Licensees are able to build local markets with guarantees of exclusivity SPORTS RIGHTS OWNERS COALITION (SROC) Key Risks of Cross-border Access • Will lead to pan-European licensing • There is little or no demand – either from operators or consumers • Consumers will get less choice at a higher price • Small operators will not be able to survive • Main beneficiaries will be non-European multinational operators SPORTS RIGHTS OWNERS COALITION (SROC) Key next steps for Sport in the DSM • Legislative proposals before the end of 2015 • Initial proposals likely to focus on Portability of legally acquired content • Consultations on Cable & Satellite Directive, AudioVisual Media Services Directive (AVMS) and Geoblocking SPORTS RIGHTS OWNERS COALITION (SROC)
