This is
the question I get asked most often when I attempt to share my favourite area
of law.
And this
is the simple answer I tell everyone; “It is still law. Just applied from a
sports point of view.”
One can
say that Sports Law is a combination of corporate and contract law, tax and real
estate planning, intellectual property law, insurance, labour law and alternative
dispute resolution. In some occasions,
the law of tort also comes into play.
Here’s
a simple example. In 2012, the X-Games Unit of the National Young Lawyers
Committee conceptualised “Formula NYLC: an Inter-State Go-Kart Challenge”,
modelled after Formula 1. Keeping it at the very basic, the members still had
to go to the extent of drafting the Rules & Regulations with a unique point
system, Drivers Etiquette and Indemnity Forms.
Whether
we realize it or not, law surrounds us in our everyday life. When you were 5
years old and you picked up a racquet to play badminton with your neighbour across
the fence, you inevitably already applied some of the rules of the sport. And
as minute as that may seem, that is a fraction of Sports Law.
Many
have argued that there is no such thing as Sports Law. But think about it. Once
upon a time, did we used to have aviation law, cyber law or maritime law?
The sports industry and the complex
demands of
leagues, teams, athletes, agents, sponsors and sporting associations deserve a
special understanding. In the United States, sports agents are very often
lawyers (or law degree holders) who become the most capable person to provide
an athlete with general legal advice as well as assist in the administration
and management in the field of sports.
The spotlight often falls on the athlete.
Sportsmen and sportswomen in last 2-3 decades have embraced sports as a career
and the days of amateur sportsmen are long gone. With such advancement, in
professional sports, laws relating to the athletes’ contracts become ever more
important. Contracts for appearance, endorsements, or in some instances,
employment would have to be heavily scrutinised especially since the sports
industry is slowly turning into a multi-billion one.
One interesting growth in Sports Law is intellectual property
rights. A few sportsperson come to mind when discussing this. David Beckham and
Tiger Woods have fully maximised their name and image to gain endorsement
contracts and flowing from that, their representatives have taken a concerted
effort to trademark their respective images.
Another area of law which is relevant to sportspersons is the
law of tort, particularly when one sportsperson injures another. The eternal
question has been whether the injured sportsperson can sue for damages from the
other sportsperson.
For fans who enjoy the competition and embrace the victorious
moments by jumping up and down when their favourite player/team wins, Sports Law
would be about the contract to purchase the tickets and merchandises.
Legal
compliance with existing legislation and rules is ever more important in this
day of technological advancement to ensure that responsibility is maintained
and to prevent abuse or unfair advantage from occurring in the growing world of
sports.
So
does Lex Sportiva exist or is it a
myth?
By Lesley Lim
