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Intellectual Property and Sports

Essays in Honour of P. Bernt Hugenholtz

Joost Poort , Martin Senftleben , Mireille van Eechoud , Natalie Helberger , Stef van Gompel

Law / International

Renowned intellectual property law expert Bernt Hugenholtz once warned, chiding the voracity of copyright, that reducing the subject matter test to mere originality and personal stamp might lead to ‘infinite expansion of the concept of the work of authorship. Anything touched by human hand, including for instance sports performances, would be deemed a work’. Indeed, the applicability of copyright law on sports events and players’ moves is one of the many topics discussed in this volume, which spans issues from those related to players and their performances and achievements, via those relevant to sports event organisers and clubs, to questions concerning event reporting and data and the growing role of AI technologies in sports.

Well-known authorities in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following:

  • neighbouring rights for organisers of sports events;
  • ethnic and cultural references in team and league branding;
  • legality of reselling event tickets;
  • use of artificial intelligence in refereeing;
  • related rights protection of images;
  • e-sports and fantasy leagues; and
  • sports celebrities and character merchandising.

There are also several intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess.

Both profound and entertaining, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

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