Sports, media and entertainment lawDownload PDF version
The legal area sports, media and entertainment is connected with the music industry, acting and film industry, publishing, radio industry, television industry and sport industry, and legal issues within these industries typically relate to negotiation, contractual maters and dispute resolution.
An overall principle in this legal field is freedom of contract. However, the freedom of contract must balance between the freedom of expression and the need to respect other fundamental rights and freedoms, e.g. the right of privacy, personality rights and property rights. Further, certain regulations and market practices impose restrictions on this principle in this industry.
The legal area of media and entertainment deals with this balance in combination with the general Danish legislation and sets out the legal framework for practicing commercial activities in these industries.
Especially with regard to the sport industry in Denmark, this has developed remarkably within the last decade. The continuing increase of professionalism, the size of transfer fees and the size of sponsorships call for the need to pay close attention to contracts and licenses. The increasing regulation from the federations, e.g. regarding doping, match fixing and disciplinary behaviour, also makes this legal area complex and sets out new requirements and challenges for the professionals within this industry. Sports law often involves labour, antitrust, contract and tort law.
Typical legal issues that commercial actors must handle within this industry include the placements of rights, preparation of contracts and the unification of conflicting interests between e.g. freedom of expression, right of privacy, personality rights, intellectual property rights and economic and commercial interests.
A wide range of market practice, case law and general legal principles have been developed taking into account the characteristics and special considerations of these activities, including the social beneficial effects of sports, thus allowing for certain restrictions to be imposed on the actors in the industry which have not yet been seen in other areas. As a consequence of this diversity in regulation, acting in and controlling this legal area calls for detailed knowledge of the industry in combination with legal knowledge in general.
The above does not constitute legal counselling and Moalem Weitemeyer Bendtsen does not warrant the accuracy of the information. With the above text, Moalem Weitemeyer Bendtsen has not assumed responsibility of any kind as a consequence of a reader’s use of the above as a basis of decisions of considerations.