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Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz

Intellectual Property and Sports: Essays in Honour of P. Bernt Hugenholtz

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403537337
  • 出版时间 September 2021
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥30,248.45
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  • 描述 
  • 大纲 
  • 详细

    Intellectual Property and Sports celebrates the enormous achievements of Professor Bernt Hugenholtz in the field of intellectual property and information law. 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’. Focus on sports-related intellectual property issues offers an ideal starting point for exploring core questions on information law. Legal rules in sports and intellectual property evolve in a climate pervaded by powerful lobby pressures with new technologies that have a profound impact on developments in the sports arena. 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.

    Prominent experts in intellectual property law speculate on the nexus of sports and intellectual property in its widest sense, elucidating such aspects as the following:

    • copyright and celebrity rights relating to players and player performances
    • 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

    The book explores the legal position of sports clubs and players, as well as legal issues surrounding the commercialisation and reporting of sports events. It offers intriguing comparative chapters on intellectual property aspects in such parallel domains as body art, movement, carnivals, choreography, and chess.

    By addressing the panoply of fascinating information through widely varying lenses and in different styles, this unique volume will be appreciated by practitioners, jurists, and academics interested in intellectual property rights as well as in sports law.

  • Part 1.Starting Whistle
    Introduction: An Information Law Approach to Intellectual Property and Sports
    Martin Senftleben, Joost Poort, Mireille van Eechoud, Stef van Gompel and Natali Helberger
    Part 2. Players and Sporting Achievements: Copyright and Celebrity Rights
    Protection of Sporting Achievements per se in Particular by Copyright Law: Some Notes about Justifications and Proper Boundaries
    Willem Grosheide
    Get a Move On: Copyright in Movement
    Séverine Dusollier
    Copyright and Choreography: Exploration in Three Acts
    Marie-Christine Janssens
    A Repetition of Moves
    Gerard Schuijt
    Tattoos: Control and Ownership of Body Art? Some Cultural Historical, Aesthetical and Legal Reflections
    Thomas Dreier
    ‘The Portrait of a Gentleman’ – The Cruijff Case
    Egbert Dommering
    Commercial Rights of Sportspersons in Their Portraits: Better Protection through a ‘Lex Hugenholtz II’?
    D.W. Feer Verkade
    Sports Celebrities and Character Merchandising in the United Kingdom
    Paul L.C. Torremans
    The Use of Personal Characteristics in Sports Manager Games
    Thomas Riis
    Part 3. Sports Clubs: Organisational Efforts and Branding
    Sports as Policy Levers in Intellectual Property Lawmaking
    Stef van Gompel
    Football, Copyright … and the Art of ‘Tiki-Taka’?
    Raquel Xalabarder
    Do We Need More Copyright Protection for Sports Events?
    João Pedro Quintais
    Exclusive Rights to Carnival Parades: In Comparison with Professional Football
    Thomas Hoeren
    Organisers of Sport Events: A Neighbouring Right?
    Antoon Quaedvlieg
    Sui Generis Rights: From Geschriftenbescherming to the Protection of Sport Event Organisers
    Dirk Visser
    Is the Unauthorised Commercial Exploitation of Sports Events Unfair?
    Ansgar Ohly
    An Economic Note on Reselling Tickets
    Joost Poort
    Ethnic References in Branding and Artificial Intelligence Content Moderation: From the Ajax ‘Jews’ to the Washington Redskins and Beyond
    Neil Weinstock Netanel
    Sacrificing the Gods on the Altar of Sports: The Redefinition of Cultural Symbols in the Sports Sector
    Martin Senftleben
    Part 4. Sporting Events: Rules of the Game, Event Data and Reporting
    Database Rights in the EU’s Data Strategy: A Question of Sport?
    Mireille van Eechoud
    Of Football Fixtures, Football Matches, Jeans, Sweatshirts … and a Folded Bike: Functionality in the CJEU’s Copyright Case Law
    Matthias Leistner
    Creative Games
    Pamela Samuelson
    Sporting Events as Intellectual Property and Free Movement of Services: The Implications of the Premier League Case
    Ole-Andreas Rognstad
    The Football Game as a Copyright Work
    Lionel Bently
    How Football Changed Copyright Law: Public Performance, Communication to the Public and the Free Public Showing of Broadcast Films
    Christina Angelopoulos
    Audiovisual Coverage of Sports Events and Copyright Law: Originality in the Details?
    Tatiana Synodinou
    Images in Sports: Reflections on Related-Rights Protection
    Reto Hilty
    Quoting Copyrighted Sports Content Under Fair Use After Google v. Oracle
    Peter Jaszi
    Part 5. New Technologies and Future Developments
    Keeping the Field of Play Level: Volition, Causation and Responsibility in American Copyright Law
    Paul Goldstein
    The Missing Goal-Scorers in the Artificial Intelligence Team: Of Big Data, the Right to Research and the Failed Text-and-Data Mining Limitations in the CSDM Directive
    Christophe Geiger
    ‘Voetbal Hoort niet bij Robots’: Attitudes Regarding the Use of Artificial Intelligence in Refereeing
    Natali Helberger and Brahim Zarouali
    E-sports: A Battle Royale for IP and Antitrust?
    Thomas Vinje
    Mars
    Just Szynkovid
    AI-JAX
    Daniel J. Gervais
    Part 6. Extra Time
    Academia as eSport: Competitive Academic Gaming after the Age of Covid
    Martin Kretschmer

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