Professional sport has undoubtedly been hit hard by COVID-19. Clubs and governing bodies have had to adapt rapidly to the public health emergency and have come under great financial and regulatory strain. Some sports have weathered the storm better than others, though, and professional rugby union experienced significant off-field turbulence, with wages reductions seen across the English Premiership. This article will examine the conduct of Premiership Rugby and its clubs during theCOVID-19 crisis from a competition law perspective and will argue that, by acting in concert, Premiership and the clubs may have breached UK competition law.
{"title":"Premiership Rugby’s Response to COVID-19: A Competition Law Analysis","authors":"Ben Cisneros","doi":"10.16997/eslj.1029","DOIUrl":"https://doi.org/10.16997/eslj.1029","url":null,"abstract":"Professional sport has undoubtedly been hit hard by COVID-19. Clubs and governing bodies have had to adapt rapidly to the public health emergency and have come under great financial and regulatory strain. Some sports have weathered the storm better than others, though, and professional rugby union experienced significant off-field turbulence, with wages reductions seen across the English Premiership. This article will examine the conduct of Premiership Rugby and its clubs during theCOVID-19 crisis from a competition law perspective and will argue that, by acting in concert, Premiership and the clubs may have breached UK competition law.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87218172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This piece sets out the challenges faced by the entertainment industry and the parallel altered role of law. What amounts to entertainment and how it is created, produced, distributed and consumed is at the centre of the inquiry. The second part of the equation is to consider what the legal dimension to the subject is or could consist of and most importantly the disciplinary context. This forms the framework for teaching and research. It argues that the nature of the industry is such that the analysis needs to move beyond the rigid and limited doctrinal perspective provided by a single discipline. Thus, the learning strategy needs to be brought into line with a movement away from law as the sole dimension. It tries to create a holistic view as to what the curriculum encompasses and how it can be delivered drawing upon the broad concept of transdisciplinarity.
{"title":"Exploring Entertainment Law’s Boundaries: Applying a Transdisciplinary Approach","authors":"S. Greenfield","doi":"10.16997/eslj.1099","DOIUrl":"https://doi.org/10.16997/eslj.1099","url":null,"abstract":"This piece sets out the challenges faced by the entertainment industry and the parallel altered role of law. What amounts to entertainment and how it is created, produced, distributed and consumed is at the centre of the inquiry. The second part of the equation is to consider what the legal dimension to the subject is or could consist of and most importantly the disciplinary context. This forms the framework for teaching and research. It argues that the nature of the industry is such that the analysis needs to move beyond the rigid and limited doctrinal perspective provided by a single discipline. Thus, the learning strategy needs to be brought into line with a movement away from law as the sole dimension. It tries to create a holistic view as to what the curriculum encompasses and how it can be delivered drawing upon the broad concept of transdisciplinarity. ","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79229133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Data analytics has become a critical part of professional football. It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question. Focussing on the position in English law, this two part article takes a holistic approach to assessing the legal issues presented by the data analytics movement.Part One set out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws, and non-IP protections. This Part Two goes on to consider the position in respect of data protection law (including FIFA’s Data Protection Regulations) before taking into account some broader legal issues, such as the application of competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances. However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.
{"title":"Stats Entertainment, Part Two: Football Data Analytics, Data Privacy, and the Legal Issues on the Horizon","authors":"C. Flanagan","doi":"10.16997/eslj.1163","DOIUrl":"https://doi.org/10.16997/eslj.1163","url":null,"abstract":"Data analytics has become a critical part of professional football. It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question. Focussing on the position in English law, this two part article takes a holistic approach to assessing the legal issues presented by the data analytics movement.Part One set out contextual information on the development of data analytics in football, before examining whether the data produced in football are capable of ownership, either in raw format or after manipulation, taking into account the nature of property and intangible assets, relevant intellectual property laws, and non-IP protections. This Part Two goes on to consider the position in respect of data protection law (including FIFA’s Data Protection Regulations) before taking into account some broader legal issues, such as the application of competition law and the regulation of artificial intelligence.The conclusions of Part One and Part Two together are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances. However, data protection law presents a more complicated problem, with a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86868065","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Data analytics has become a critical part of professional football. It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question. Focussing on the position in English law, this article first considers whether the data produced in football is capable of ownership, whether in its raw format or after manipulation. Next, the position in respect of data protection law (including FIFA’s Data Protection Regulations) is considered. Finally, some broader legal issues are considered, including competition law and the regulation of artificial intelligence.The conclusions of this article are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances. However, data protection law presents a more complicated problem, presenting a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.
{"title":"Stats Entertainment: The Legal and Regulatory Issues Arising from the Data Analytics Movement in Association Football","authors":"C. Flanagan","doi":"10.16997/eslj.1082","DOIUrl":"https://doi.org/10.16997/eslj.1082","url":null,"abstract":"Data analytics has become a critical part of professional football. It brings with it a number of challenging legal questions, brought into sharper focus by the reported ‘Project Red Card’ legal action, in which the legality of the systematised use of player performance data has been called into question. Focussing on the position in English law, this article first considers whether the data produced in football is capable of ownership, whether in its raw format or after manipulation. Next, the position in respect of data protection law (including FIFA’s Data Protection Regulations) is considered. Finally, some broader legal issues are considered, including competition law and the regulation of artificial intelligence.The conclusions of this article are that the intellectual property rights position is broadly positive for data analysts, with legal protections capable of application in many circumstances. However, data protection law presents a more complicated problem, presenting a number of challenging compliance obligations for the analytics community, albeit with scope to exploit player performance data where those obligations are met.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86424367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article represents a contribution to debates on national sport-related legislation noting that academic engagement in the Balkan region has been silent on this matter. That said, the aim of this article is to present the historical developments of sports law in Montenegro, and to locate major developmental changes and dynamics within the contemporary setting. The end of the 19th and the beginning of the 20th century marked the first regulatory mechanisms for sports in Montenegro, adopting its organizational structure, internal regulations and procedures. The major changes occurred during the socialist period vis-à-vis organizational setting with the introduction of the delegate system with democratization and decentralization as the core principles. The decline of socialism has led to the dissolution of Yugoslavia resulting in the liberalization of the sports system dismantling the concept of physical culture. In contemporary developments, institutional setting and legal framework are more subject to political bargaining with strong state intervention and centralization in terms of policy planning and implementation.
{"title":"Sports Law in Montenegro: Origins and Contemporary Development","authors":"Marko Begović","doi":"10.16997/ESLJ.912","DOIUrl":"https://doi.org/10.16997/ESLJ.912","url":null,"abstract":"This article represents a contribution to debates on national sport-related legislation noting that academic engagement in the Balkan region has been silent on this matter. That said, the aim of this article is to present the historical developments of sports law in Montenegro, and to locate major developmental changes and dynamics within the contemporary setting. The end of the 19th and the beginning of the 20th century marked the first regulatory mechanisms for sports in Montenegro, adopting its organizational structure, internal regulations and procedures. The major changes occurred during the socialist period vis-à-vis organizational setting with the introduction of the delegate system with democratization and decentralization as the core principles. The decline of socialism has led to the dissolution of Yugoslavia resulting in the liberalization of the sports system dismantling the concept of physical culture. In contemporary developments, institutional setting and legal framework are more subject to political bargaining with strong state intervention and centralization in terms of policy planning and implementation.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84217967","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
To the casual reader, Agatha Christie’s fiction seems to be saturated by a deeply conservative culture and supportive of the capitalist status quo. There is indeed some evidence in Christie’s prose that she identified with conservatism. Yet despite her leanings she adopted a critical stance on the world of business. She repeatedly depicted financiers as criminals, even murderers, during the inter-war years and later, in the post-war period, blurred the line between businesses and criminal conspiracies. Christie also used the crookedness of business to provide capitalism’s victims with a motive for murder. The article explains the gap between Christie’s political views and her portrayal of business by arguing that Christie’s fundamental task was to fashion dystopias. In so doing she regarded it as more important to capture the spirit of the times than to propagandise in ways which matched her allegiances. Thus Christie’s engagement with private enterprise provides a valuable snapshot of a society more critical of capitalism and, particularly between the wars, more ready to consider alternatives to it, than is the case in contemporary society.
{"title":"‘Bad Business’: Capitalism and Criminality in Agatha Christie’s Novels","authors":"D. Nicol","doi":"10.16997/ESLJ.230","DOIUrl":"https://doi.org/10.16997/ESLJ.230","url":null,"abstract":"To the casual reader, Agatha Christie’s fiction seems to be saturated by a deeply conservative culture and supportive of the capitalist status quo. There is indeed some evidence in Christie’s prose that she identified with conservatism. Yet despite her leanings she adopted a critical stance on the world of business. She repeatedly depicted financiers as criminals, even murderers, during the inter-war years and later, in the post-war period, blurred the line between businesses and criminal conspiracies. Christie also used the crookedness of business to provide capitalism’s victims with a motive for murder. The article explains the gap between Christie’s political views and her portrayal of business by arguing that Christie’s fundamental task was to fashion dystopias. In so doing she regarded it as more important to capture the spirit of the times than to propagandise in ways which matched her allegiances. Thus Christie’s engagement with private enterprise provides a valuable snapshot of a society more critical of capitalism and, particularly between the wars, more ready to consider alternatives to it, than is the case in contemporary society.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77015910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article investigates the legal implications of the use of genetic testing in sport, that is, the analysis of human DNA to detect particular genetic traits and variations, or susceptibility to conditions. As science makes significant strides in the understanding of our genetic information, the search for the genetic components which separate winners and losers in sport follows. Although the practice of genetic testing in sport is not currently commonplace, there are some examples of genetic information being used by sports clubs and governing bodies to make decisions about an athlete’s capability to perform. This article examines how this practice could disproportionately interfere with an individual’s human rights and result in genetic discrimination if information is used for selection and employment purposes. It reviews some of the hard and soft law measures that regulate genetic testing at an international, regional and domestic level. The position of sport within this regulatory framework is uncertain, given the unique way in which sports regulation functions and interacts with the law. Nevertheless, the article concludes that the tendency of the law to treat discrimination in sport differently to other areas of society could leave athletes vulnerable. Whilst genetic information may be useful for understanding genetic traits and their relationship with athletic performance, going beyond this to select athletes on the basis of genetics is discouraged and the interests of sport should be fairly balanced against the human rights of the athlete.
{"title":"Exploring the Regulation of Genetic Testing in Sport","authors":"S. Patel, I. Varley","doi":"10.16997/ESLJ.223","DOIUrl":"https://doi.org/10.16997/ESLJ.223","url":null,"abstract":"This article investigates the legal implications of the use of genetic testing in sport, that is, the analysis of human DNA to detect particular genetic traits and variations, or susceptibility to conditions. As science makes significant strides in the understanding of our genetic information, the search for the genetic components which separate winners and losers in sport follows. Although the practice of genetic testing in sport is not currently commonplace, there are some examples of genetic information being used by sports clubs and governing bodies to make decisions about an athlete’s capability to perform. This article examines how this practice could disproportionately interfere with an individual’s human rights and result in genetic discrimination if information is used for selection and employment purposes. It reviews some of the hard and soft law measures that regulate genetic testing at an international, regional and domestic level. The position of sport within this regulatory framework is uncertain, given the unique way in which sports regulation functions and interacts with the law. Nevertheless, the article concludes that the tendency of the law to treat discrimination in sport differently to other areas of society could leave athletes vulnerable. Whilst genetic information may be useful for understanding genetic traits and their relationship with athletic performance, going beyond this to select athletes on the basis of genetics is discouraged and the interests of sport should be fairly balanced against the human rights of the athlete.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78923189","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This summary article considers the nature of global sports law. It examines in particular the extent of sport’s autonomous self-governance, its claims to legal immunity from supervision by national courts and legislatures, and how such autonomy can be justified. It views these developments through a critical lens, drawing on many years of working in the area of sports law. This survey concludes by suggesting a number of possible reforms.
{"title":"Global Sports Law Revisited","authors":"K. Foster","doi":"10.16997/ESLJ.228","DOIUrl":"https://doi.org/10.16997/ESLJ.228","url":null,"abstract":"This summary article considers the nature of global sports law. It examines in particular the extent of sport’s autonomous self-governance, its claims to legal immunity from supervision by national courts and legislatures, and how such autonomy can be justified. It views these developments through a critical lens, drawing on many years of working in the area of sports law. This survey concludes by suggesting a number of possible reforms.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88512324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ken Foster’s work in the field of sports law is of central importance. His sustained, high-quality contributions to sports law scholarship underpin much other work in the area. This intervention makes the case for the importance and centrality of this work, and highlights key contributions. It evidences the development of key themes and perspectives in Ken Foster’s work and its fundamental and foundational significance in the relatively new field of sports law.
{"title":"Ken Foster and the Genesis of Sports Law: A Personal Perspective","authors":"S. Boyes","doi":"10.16997/ESLJ.225","DOIUrl":"https://doi.org/10.16997/ESLJ.225","url":null,"abstract":"Ken Foster’s work in the field of sports law is of central importance. His sustained, high-quality contributions to sports law scholarship underpin much other work in the area. This intervention makes the case for the importance and centrality of this work, and highlights key contributions. It evidences the development of key themes and perspectives in Ken Foster’s work and its fundamental and foundational significance in the relatively new field of sports law.","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80187779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This interview is a discussion with Ken Foster, eminent and groundbreaking sports law scholar, currently Associate Fellow at the Centre for Law and Popular Culture at the University of Westminster. Foster is asked to reflect on the development of sports law scholarship from the 1980s and his own specific experiences as the first academic to teach sport and law in the UK during the 1980s. In his reflections on the development of the field, notable in its early days for ‘lack of materials’, Foster highlights theimportance of theory, of sporting culture and custom and the still under-researched area of ‘private adjudication systems in sport’. It concludes that ‘sport specific or national tribunals’ still offers a wealth of opportunities to explore materials still ‘waiting to be researched’. This interview forms part of ESLJ’s special collection, ‘Ken Foster and the Development of Sports Law’ which includes a new (2019) article by Ken Foster, ‘Global Sports Law Revisited’ https://doi.org/10.16997/eslj.228.The following questions were sent to Ken Foster in April 2018 and a dialogue took place over the following months clarifying some of the points made. The questions were designed by the ESLJ team.
{"title":"Ken Foster and the Development of UK Sports Law: A Reflective Interview","authors":"S. Greenfield, M. James, G. Osborn","doi":"10.16997/ESLJ.226","DOIUrl":"https://doi.org/10.16997/ESLJ.226","url":null,"abstract":"This interview is a discussion with Ken Foster, eminent and groundbreaking sports law scholar, currently Associate Fellow at the Centre for Law and Popular Culture at the University of Westminster. Foster is asked to reflect on the development of sports law scholarship from the 1980s and his own specific experiences as the first academic to teach sport and law in the UK during the 1980s. In his reflections on the development of the field, notable in its early days for ‘lack of materials’, Foster highlights theimportance of theory, of sporting culture and custom and the still under-researched area of ‘private adjudication systems in sport’. It concludes that ‘sport specific or national tribunals’ still offers a wealth of opportunities to explore materials still ‘waiting to be researched’. This interview forms part of ESLJ’s special collection, ‘Ken Foster and the Development of Sports Law’ which includes a new (2019) article by Ken Foster, ‘Global Sports Law Revisited’ https://doi.org/10.16997/eslj.228.The following questions were sent to Ken Foster in April 2018 and a dialogue took place over the following months clarifying some of the points made. The questions were designed by the ESLJ team. ","PeriodicalId":93394,"journal":{"name":"Virginia sports and entertainment law journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89880676","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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