Sports Law 2026

Definitive global law guides offering comparative analysis from top-ranked lawyers

CHAMBERS GLOBAL PRACTICE GUIDES

Sports Law 2026 Definitive global law guides offering comparative analysis from top-ranked lawyers

Contributing Editors Irwin Kishner and Daniel Etna Herrick, Feinstein LLP

Global Practice Guides

Sports Law Contributing Editors Irwin Kishner and Daniel Etna Herrick, Feinstein LLP

2026

Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted. Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewers Sally McGonigal, Ethne Withers, Deborah Sinclair, Stephen Dinkeldein, Vivienne Button and Sean Marshall Content Reviewers Lawrence Garrett, Marianne Page, Heather Palomino, Alison Moore, Adrian Ciechacki and Michael Irvine Content Coordination Manager Nancy Tsang Senior Content Coordinators Carla Cagnina and Delicia Tasinda Content Coordinator Joanna Chivers Head of Production Jasper John Production Coordinator Genevieve Sibayan

Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com

Contents

INTRODUCTION Contributed by Irwin A. Kishner, Daniel A. Etna and Maxim Nowak, Herrick, Feinstein LLP p.5

JAPAN Law and Practice p.163 Contributed by TMI Associates Trends and Developments p.179 Contributed by Nagashima Ohno & Tsunematsu

AUSTRALIA Law and Practice p.9

Contributed by Kalus Kenny Intelex Trends and Developments p.26 Contributed by Kalus Kenny Intelex

KENYA Law and Practice p.183 Contributed by TripleOKLaw Advocates Trends and Developments p.199 Contributed by TripleOKLaw Advocates MEXICO Law and Practice p.205 Contributed by Galicia Abogados, S.C. Trends and Developments p.218 Contributed by Galicia Abogados, S.C. MOROCCO Trends and Developments p.225 Contributed by ADYEL LAW FIRM

BAHRAIN Law and Practice p.33 Contributed by Sultan bin Nasser Alsowaidi Trends and Developments p.45 Contributed by Sultan bin Nasser Alsowaidi CANADA Trends and Developments p.51 Contributed by McLaren Global Sports Solutions

CHILE Law and Practice p.56 Contributed by Moya & Bossart

PHILIPPINES Law and Practice p.229 Contributed by Law Firm of Ingles Laurel Calderon Trends and Developments p.241 Contributed by The Law Firm of Ingles Laurel Calderon

CROATIA Law and Practice p.67

Contributed by Badžim Law Practice Trends and Developments p.85 Contributed by Badžim Law Practice

POLAND Law and Practice p.245 Contributed by SLK Partners

DENMARK Law and Practice p.89

Contributed by HortenDahl Law Firm Trends and Developments p.108 Contributed by HortenDahl Law Firm ECUADOR Law and Practice p.115 Contributed by Conlegal Sports ISRAEL Law and Practice p.125 Contributed by Segev Tal Sports Law

PORTUGAL Law and Practice p.264

Contributed by Sérvulo & Associados Trends and Developments p.281 Contributed by Sérvulo & Associados

SPAIN Law and Practice p.287

Contributed by Jofre Sports Law Trends and Developments p.311 Contributed by Jofre Sports Law UAE Law and Practice p.316 Contributed by De Cayetti Law

ITALY Law and Practice p.139 Contributed by LAWP Studio legale e tributario Trends and Developments p.158 Contributed by LAWP Studio legale e tributario

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Contents

UGANDA Law and Practice p.330 Contributed by Engoru, Mutebi Advocates Trends and Developments p.344 Contributed by Engoru, Mutebi Advocates

UK Law and Practice p.351 Contributed by Tyr USA Law and Practice p.371

Contributed by Herrick, Feinstein LLP Trends and Developments p.392 Contributed by Cases Lacambra USA – FLORIDA Trends and Developments p.398 Contributed by Cases Lacambra USA – ILLINOIS Trends and Developments p.401 Contributed by Katten USA – NEW YORK Trends and Developments p.407 Contributed by Meister Seelig & Schuster

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INTRODUCTION

Contributed by: Irwin A. Kishner, Daniel A. Etna and Maxim Nowak, Herrick, Feinstein LLP

Herrick, Feinstein LLP provides a full range of legal services to clients worldwide from its offices in New York City, Newark, New Jersey and Pittsburgh, Penn - sylvania. Herrick’s sports law group works with the complementary practice groups on corporate, real estate, tax, IP, restructuring, employment, govern - ment relations and litigation aspects of sports law. The firm’s attorneys have guided stakeholders in professional sports as they have made strategic in - vestments in professional sports teams, as well as mixed-use developments and media rights, naming rights, sponsorship, concession services, stadium fi -

nancing and leasing, and other strategic operational and financing agreements. Herrick has represented major athletic teams and affiliated entities in transac - tions totalling over USD150 billion. In addition to the authors referenced, the firm thanks partner and chair of the insurance and reinsurance group, Alan R Ly - ons, partner Justin Blass and attorneys Barry Werbin, Joel Wagman, Daniel A Field, Tara Guarneri-Ferrara, Joshua J Schoch, Meaghan Roe, Jessie Root, Jer - maine A. Brookshire, Jr and Adam Unger for valuable contributions.

Contributing Editors

Irwin A. Kishner is a partner and co-chair of Herrick’s sports law group and corporate department. Irwin has helmed numerous sports industry deals, including team acquisitions and dispositions; stadium and arena

Daniel A. Etna is a partner and co-chair of Herrick’s sports law group. Dan has significant experience in sports law, including the sale and acquisition of domestic, English and Australian sports franchises; stadium

development; media contracts; internet and intellectual property rights; joint ventures; credit facilities; advertising, concession and sponsorship contracts; wagering matters; naming rights agreements; franchise transfers and financings sponsorship; personal seat licences; concessions transactions; and executive compensation and employment matters. Irwin has authored articles on prevalent issues in the world of sports, and lectured at universities and on expert panels on a variety of sports issues, and is frequently quoted in the media. He also serves on numerous boards of industry organisations.

and arena development, construction and financing; and broadcast and digital media agreements. Dan advises on concession agreements, sponsorship and naming rights agreements, ticketing and personal seat licensing agreements, league-wide and individual team debt and equity financings, memorabilia sales agreements and sports-related joint ventures. Dan has counselled NBA All-Star and NFL All-Pro players in connection with their private investments. He has appeared in national media and has authored numerous publications, including scholarly guides and articles.

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INTRODUCTION Contributed by: Irwin A. Kishner, Daniel A. Etna and Maxim Nowak, Herrick, Feinstein LLP

Maxim Nowak (Max) is a partner in Herrick’s litigation department. Max’s practice focuses on regulatory defence, internal investigations, crisis management and commercial litigation. As a former in-house lawyer,

Max brings a commercially savvy perspective. He has deep experience representing corporate and individual clients across industries, including the sports industry, in high-stakes cross-border investigations, criminal matters, regulatory enforcement actions (SEC, CFTC, PCAOB, FINRA, DOL and States Attorney General), internal investigations and parallel litigation. Max also has extensive experience representing clients in a wide variety of complex commercial litigation in state and federal courts across the country.

Herrick, Feinstein LLP 2 Park Avenue New York New York 10016 USA

Tel: +1 212 592 1400 Fax: +1 212 592 1500 Email: ikishner@herrick.com Web: www.herrick.com

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INTRODUCTION Contributed by: Irwin A. Kishner, Daniel A. Etna and Maxim Nowak, Herrick, Feinstein LLP

Sports have long been a meeting point for law, busi - ness and culture, but in the past, sports law dealt primar - ily with contractual and ethical concerns. However, as sports have become more prominent on a global scale, with an ever-increasing flow of capital into this sector, sports law has also changed. Today, corporate govern - ance, capital markets, labour and employment, integrity and even criminal law can influence sports from the local start-up league to the largest global competitions. The Globalisation of Sports and Sports Law Over the past century, sports have become increas - ingly international. As a result, global legal systems concerning sports have grown more complicated. Clubs, leagues, competitions and governing bodies now work across borders, look for investment world - wide, hire people from many countries and connect with fans everywhere. Legal disputes often cross dif - ferent countries and legal systems. Arbitration groups, federations and integrity units sometimes co-operate with courts and regulators, but sometimes they are at odds. Governments also insert themselves more often when political and governance issues like labour rights, competition, taxes, public health or security are impacted. All these layers mean that public law, private rules and contracts must work symbiotically, but this does not always happen in the most efficient or effective manner. Capital and Ownership One key feature of sports law in 2026 is increasingly large and complex investments throughout industry. Wealthy individuals and private partnership groups are no longer the sole owners of professional sports organisations. Now, these entities attract equity investment from private equity, private credit, sover - eign wealth funds and other similar investor classes that often have goals and time horizons that differ from those of the legacy owner. This trend is happening across sports. European foot - ball, North American leagues, Asian teams, newer sports like pickleball and lacrosse, and even amateur college sports in the USA have all seen more inter - est from institutional investors. These investments have the potential to bring more money, professional management and new markets. Issues like owner -

ship restrictions, control, financial sustainability and conflicts of interest must be managed alongside the needs of the sports business. Regulators and federations have responded in diverse ways. Some leagues have strict rules about who can own teams and control media rights, while others are more open to encourage growth, regardless of inves - tor type. Financial fair play rules, licensing and sol - vency requirements are now key legal tools. They aim to keep competition fair and ensure teams last, while also considering what investors need. Athletes and Labour The athlete’s status is central to sports law. In 2026, this status is undergoing reassessment and transfor - mation in multiple jurisdictions. Athletes are no longer regarded solely as participants subject to fair play sporting regulations; they are also workers, brand- builders and, increasingly, rights-holders assert - ing their economic and legal interests, particularly because of the global proliferation of social media. At the same time, athletes regardless of level have more commercial opportunities. Endorsements, image rights, digital content and personal branding are espe - cially important. The rules and regulations governing these rights vary by region and sport, bringing both benefits and risks. Managing these interests remains a key part of sports law. Integrity, Ethics and the Rule of Law in Sports Integrity is still a core part of sport, but it is an area of growing pressure. Match-fixing, corruption, doping and abuse scandals are ongoing problems for sports lead - ers and regulators, especially as online and applica - tion-based gambling becomes more prevalent. Modern technology, including easily accessible real-time data and global betting, has made both cheating and catch - ing it more advanced. Notwithstanding the growth in legal sports betting, illegal gambling operations con - tinue to thrive despite ongoing enforcement efforts. Legal responses have adapted to these problems. Integrity units now collaborate with police, betting companies and international organisations around the world to monitor issues across sports and platforms. Disciplinary actions are watched more closely, with

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INTRODUCTION Contributed by: Irwin A. Kishner, Daniel A. Etna and Maxim Nowak, Herrick, Feinstein LLP

more attention to being open and fair. Decisions that used to be only about sports are now also reviewed under administrative and human rights law. At the same time, protecting athletes’ health and well- being is now a main legal concern. Teams, leagues and federations’ duty of care, whether for injuries, mental health or protection from abuse, determines how the relevant stakeholders promulgate and enforce rules, train personnel and investigate and address com - plaints. The law is now used not only to punish, but also to prevent, future harm. Technology, Data and the Digital Sports Economy For the past several years, technology has been trans - forming sport and creating new legal challenges at a rapid rate. Data has become one of, if not the, most valuable assets in sport; it is collected, analysed and monetised at remarkable scale. These newfound rev - enue streams create complex questions about data ownership, player and fan consent, privacy and limits on how data can be ethically deployed. Artificial intelligence and analytics now play roles in advising ownership, management and players on coaching, scouting, training, major business deci - sions, refereeing and the fan experience. These tools make things more efficient and deliver new insights, but they also raise novel and complicated legal ques - tions. As these evolving technologies become increas - ingly integral and available to the sports industry, ongoing concerns regarding transparency and intel - lectual property will assuredly intensify. Broadcasting and media rights are still at the heart of sports business, but streaming and social media con - tinue to disrupt traditional, regional licensing models (such as local cable). Sports law now must adjust to a world where content is global, instant, constant and interactive. As a general matter, the sports industry continues on an upward growth path due in large part to competition for media rights. Regulation, Competition and the Role of the State As sports have become more important in the economy and culture, governments are more willing to regulate it directly. Competition and antitrust laws are a focus, featuring challenges to closed leagues, eligibility rules

and group sales. Courts and regulators must balance the unique aspects of sport with basic antitrust rules. Tax, immigration and funding likewise influence sports law. Big events prompt organisers and governments to discuss public costs, promises for the future and social effects. Environmental and green laws are now more important, mirroring society’s changing priorities. The role of government in sport does vary around the globe. Some jurisdictions let sports organisations govern themselves, and others regulate more actively. Lawyers working internationally need to be aware of these differences. Society, Politics and Sports The social role of sports is closely tied to its legal rules. Topics like gender equality, racial justice and free speech often arise. Women’s sports have grown quickly, causing discussions about investment, media Prominent competitions and platforms can be used to convey political values, highlight diplomatic strains and reflect public opinion, whether intentionally or otherwise. Sanctions spread beyond national teams to club sides, athletes and officials, raising challenging legal questions around responsibility, proportionality and due process. rights and pay disparities. Geopolitics and Sports These developments challenge the notion that sport is separate from politics. Sports organisations now must be mindful of various international rules, standards and business norms and requirements, while keeping governance clear and defensible across occasion - ally different legal schemes. Mishandling any of these issues can affect stakeholders’ access to competi - tions, contracts and opportunities. A Connected but Fragmented Legal Picture Taken together, these chapters show that sports law is simultaneously related and differentiated. While many stakeholders face comparable challenges, methodol - ogies for solving these challenges and their outcomes can vary widely because of differing laws and cultural norms. There simply is no singular set of rules or regu - lations that yield the same answer everywhere.

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AUSTRALIA

Australia

Law and Practice Contributed by: Sven Burchartz and Jessica Bell Kalus Kenny Intelex

Sydney

Tasmania

Contents 1. Athlete Conduct, Integrity and Enforcement p.11 1.1 Anti-Doping Regimes p.11 1.2 Misconduct and Match-Fixing p.11

7. Employment Contracts and Rights p.21 7.1 Sports-Related Employment Contracts p.21

7.2 Employer/Employee Rights p.22 7.3 Free Movement of Athletes p.22 8. Women’s Sport p.22

1.3 Betting-Related Offences p.12 1.4 Disciplinary Framework p.13

2. Commercial Rights p.13 2.1 Sports-Related Rights p.13 2.2 Sponsorship Terms p.13 2.3 Broadcasting Rights p.14 3. Sports Events p.15 3.1 Proprietary Rights and Event Management p.15 4.1 Legal Forms of Sporting Bodies p.16 4.2 Corporate Governance Codes p.16 4.3 Sport Funding p.17 5. Intellectual Property, Data and Data Protection p.17 5.1 Trade Marks p.17 5.2 Copyright/Database Rights p.18 3.2 Duty of Care and Liability p.15 4. Corporate Structures p.16

8.1 Development and Growth of Women’s Sport p.22 8.2 Organisations and Initiatives to Promote Women’s Sport p.23 9. Esports p.24 9.1 Development and Growth of Esports p.24 9.2 Key Trends and Notable Deals in Esports p.24 10. NFTs, AI and the Metaverse p.24 10.1 Non-Fungible Tokens (NFTs) p.24 10.2 AI p.25 10.3 The Metaverse p.25

5.3 Recognising Personality/Image Rights p.19 5.4 Protecting Personality/Image Rights p.19 5.5 Licensing p.19 5.6 Assignment of IP Rights p.19 5.7 Data in Sport p.19 5.8 Data Protection p.20 6. Dispute Resolution p.20 6.1 Role of National Court Systems p.20 6.2 ADR Mechanisms p.21 6.3 Sanctions, Remedies and Challenges p.21

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

Kalus Kenny Intelex is a progressive, commercially oriented firm, specialising in sport, property, com - mercial and dispute resolution. The firm shares its cli - ents’ successes by becoming a true strategic partner in their pursuits and always seeks to deliver more val - ue by offering business outcomes in addition to legal advice. Kalus Kenny Intelex’s personal and proactive approach, combined with a straightforward nature, makes it a different kind of law firm. The sports law team understands that, like sport itself, the business

of sport is dynamic, emotionally charged and highly competitive. With local and global experience in the sports and leisure sector, its sports law team sup - ports professional and amateur sporting organisa - tions, clubs/teams, athletes, sponsors and other key stakeholders in their pursuit of sporting and commer - cial success. Kalus Kenny Intelex is the sole Austral - ian member of the International Lawyers Network, a global alliance of 5,000 lawyers in 66 countries.

Authors

Sven Burchartz is a director at Kalus Kenny Intelex and has significant experience in complex commercial transactions and dispute resolution, particularly in sport. He advises sporting organisations, governing/

Jessica Bell is an associate lawyer at Kalus Kenny Intelex, advising. She brings unique practical knowledge and experience in the commercial, sports and motorsport space. She advises local and international clients

sanctioning bodies, peak bodies/associations, professional/amateur athletes, sponsors, venue owners, promoters, event managers, suppliers and agents. Sven advised Sportsbet.io (a cryptocurrency-based sports betting platform) on the sponsorship of four English Premier League football teams – Arsenal, Watford, Southampton and Newcastle. He is a specialist motorsport adviser to several key motor racing teams, drivers and international manufacturers in the automotive, motorsport and related industry supply sector. Sven is a member of the Australian and New Zealand Sports Law Association (ANZSLA).

on complex corporate and commercial transactions, including in the sports industry. She has particular expertise in the commercial, sport and motorsport sectors, bringing a rare combination of legal acumen and deep industry insight. Jessica’s practice is underpinned by extensive, industry-embedded experience, with a long-held passion for motorsport, evidenced by her deep involvement in the industry as a competitor, official and in senior leadership roles within car clubs and motorsport teams, as well as being an accredited Motorsport Australia Photographer. She is also a member of the Australian and New Zealand Sports Law Association (ANZSLA).

Kalus Kenny Intelex Level 1, 4 Riverside Quay Southbank Vic 3006 Australia

Tel: +61 3 8825 4800 Fax: +61 3 9826 9909 Email: sburchartz@kkilawyers.com.au Web: www.kkilawyers.com.au

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

1. Athlete Conduct, Integrity and Enforcement 1.1 Anti-Doping Regimes Criminal Offences Relating to Doping in Australia Australia does not have any legislation that specifically criminalises doping in sport. Instead, the Australian Commonwealth and each of the states and territories have enacted legislation that criminalises certain con - duct constituting a violation of the World Anti-Doping Agency’s (“WADA”) anti-doping rules, such as: • Australia’s Commonwealth Criminal Code Act 1995 criminalises the trafficking of certain substances that also appear on the WADA’s list of substances and methods as being prohibited both in and out of competition, and in particular sports (World Anti- Doping Code Prohibited List); and • Australia’s Customs Act 1901 and Customs (Pro - hibited Imports) Regulations 1956 criminalise the importation of certain substances that also appear on the World Anti-Doping Code Prohibited List – this type of offence is punishable by up to five years’ imprisonment and/or up to 1,000 penalty units. Commonwealth and state and territory legislation in Australia also prohibits the use or administration of a substance on the World Anti-Doping Code Prohibited List without an appropriate medical or therapeutic jus - tification. Implementation of the World Anti-Doping Code in Australia Australia is a signatory to the UNESCO International Convention against Doping in Sport and is there - fore required to implement an anti-doping scheme in accordance with the principles of the World Anti- Doping Code. Sport Integrity Australia implements the World Anti- Doping Code by way of a legislative framework com - prising the Sport Integrity Australia Act 2020 and the Sport Integrity Australia Regulations 2020 (in particu - lar, Schedule 2 – the National Anti-Doping Scheme). Sport Integrity Australia collaborates with WADA, international anti-doping organisations and other

stakeholders on an ongoing basis to ensure (by way of regular amendments) that Australia’s National Anti- Doping legislation remains consistent with the World Anti-Doping Code. Punishment for Doping Offences Sporting associations and leagues in Australia impose sanctions for doping offences under their own anti- doping policies, which align with the National Anti- Doping Scheme and the World Anti-Doping Code. Major bodies (including the AFL, NRL, Cricket Austral - ia, Motorsport Australia and Football Australia) have authority under these policies to impose suspensions, disqualifications and other disciplinary measures for anti-doping rule violations. Recent Case Example A recent case in Australian sport is that of two-time Grand Slam doubles tennis champion Max Purcell, who was provisionally suspended in December 2024 by the International Tennis Integrity Agency (“ITIA”) for unknowingly receiving over 500 millilitres of IV vitamin infusions in late 2023 that exceeded allowable limits. The permitted limit of IV infusions of vitamins is 100 millilitres in a 12-hour timeframe, leading to Purcell’s conduct breaching Article 2.2 of the Tennis Anti-Dop - ing Programme. The suspension means that Purcell cannot play, coach or attend any tennis event authorised or sanctioned by members of the ITIA. Purcell also forfeited results and prize money earned from 16 December 2023 to 3 February 2024. Purcell’s suspension ends on 11 June 2026. 1.2 Misconduct and Match-Fixing Legislative Measures Match-fixing In 2011, the Australian Commonwealth, and State and Territory Governments agreed to a National Policy on Match-Fixing in Sport (the “National Policy”), in an effort to “pursue (...) a consistent approach to crimi - nal offences, including legislation by relevant juris - dictions, in relation to match-fixing that provides an effective deterrent and sufficient penalties to reflect the seriousness of offences, as provided for in Part 4.3 of the National Policy.” A number of Australia’s states and territories have since enacted legislative arrange -

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

1.3 Betting-Related Offences No National Authority Regulating Sports Betting in Australia Sports betting is not illegal in Australia, and there is no single overarching statute or authority regulating gambling activities, including betting, in the country. Sports betting is, however, separately regulated by way of a series of federal statutes and by separate legislative frameworks in each of Australia’s eight mainland states and territories. By way of example, the Victorian Gambling and Casino Control Com - mission Act 2011 establishes the Victorian Gambling and Casino Control Commission (“VGCCC”, formerly known as the Victorian Commission for Gambling and Liquor Regulation), which is empowered to regulate the gambling and liquor industries in Victoria. Regulation of the Betting Activities of Professional Athletes The betting activities of professional athletes are often regulated more strictly than those of non-ath - letes by the governing body of their sport. The AFL, for example, prohibits players from betting on AFL matches and, in 2022, fined Rhys Nicholls AUD5,000 and banned him from playing for two matches after he placed bets on ten games during the 2021 AFL season. More recently, these regulatory and enforcement measures have extended beyond domestic compe - tition. In August 2025, former A-League player Riku Danzaki, of Western United, pleaded guilty to deliber - ately receiving yellow cards as part of a betting fraud involving amateur player Yuta Hirayama. Hirayama placed bets on the number of yellow cards Danzaki would receive during his matches on 27 April, 3 May and 9 May 2025, with Danzaki earning AUD16,000 from these bets. Protecting the Integrity of Sport – Information Sharing In certain Australian states, organisations that obtain Sports Controlling Body (“SCB”) status through regu - latory approval (for example, from the Victorian Gam - bling and Casino Control Commission) are permitted to enter into agreements with sports betting providers

ments covering certain match-fixing behaviours, with penalties including a maximum of seven to ten years’ imprisonment. By way of example, Part 4ACA of the Crimes Act 1900 (NSW) criminalises conduct that is likely to affect the outcome of any type of betting on any event (that is lawful to bet on in any state, territory or the Com- monwealth), and which does not meet the standard of integrity that a reasonable person would expect of those in the positions that affect this outcome (ie, corrupt conduct). Cheating, bribery, fraud and other offences In addition to match-fixing laws, a range of Common - wealth, state and territory laws apply to athlete and official misconduct involving cheating, bribery, fraud or gambling. These include criminal offences such as bribery, corruption, fraud, misuse of information and obtaining a financial advantage by deception, which may apply where sporting events are manipulated for personal or third-party gain. Gambling legislation at both the Commonwealth and state levels further regulates betting behaviour by prohibiting corrupt or deceptive conduct connected with wagering on sport. Role of Governing Bodies Athlete misconduct, including match-fixing and other forms of cheating in sport, is regulated by the rele - vant sporting code’s governing body in accordance with the specific rules and the guidelines of participa - tion and integrity framework in that particular sport. Depending on the nature and seriousness of the con - duct, athlete misconduct can trigger suspension or, in more serious cases, the termination of an athlete’s contract. Recent Case Example The actions of former Australian Test Cricket captain Tim Paine, in 2017 (which came to light in 2020), serve as a stark reminder of the consequences of miscon - duct in Australian sport. Paine was accused of send - ing sexually explicit and unsolicited text messages to a former Cricket Tasmania employee. As a result, he lost the support of the Cricket Australia board and was reportedly forced to stand down from his captaincy. He has not played in the Australian side since retiring from first-class cricket in March 2023.

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

to offer designated sports betting services and receive a financial benefit in exchange. This also allows those SCBs to share information with betting operators – for example, in order to protect and support integrity in their sport. The intention of such a framework is to promote confidence in Austral - ian sports and any associated betting activities. 1.4 Disciplinary Framework Each of the major sporting codes in Australia has developed and implemented its own integrity unit, tribunal or similar body to manage disciplinary pro - ceedings against athletes. The steps taken by each of those bodies in respect of investigating and penalis - ing doping, integrity, betting and other offences differ among the codes. By way of example, Rugby Australia has implemented a mandatory reporting scheme under which “partici - pants” in rugby (including players, coaches, manag - ers, and agents) are required to immediately report any breaches of its Anti-Corruption and Betting Policy to an appointed Integrity Officer. That Integrity Officer is then empowered to investigate the breach, issue a written breach notice to the relevant participant and, if requested, establish an integrity tribunal to conduct a hearing in relation to the alleged breach. One of the most notable sports-related commercial rights to be exploited in Australia relates to ticketing. The Australian ticket market is significant and com - prises both primary and secondary markets. The term “primary ticket sales” refers to a situation where tickets are first sold by an official ticket seller, whereas the term “secondary market” refers to a situ - ation where those primary tickets are resold. The Secondary Ticketing Market The secondary market for tickets in Australia com - prises two main components, as follows: 2. Commercial Rights 2.1 Sports-Related Rights Ticketing Rights

• authorised on-selling, whereby sporting bodies, such as Tennis Australia or the AFL, authorise other entities, such as travel companies, to purchase tickets to a sporting event and on-sell them to their customers; and • ticket scalping, whereby ticket scalpers resell tick - ets at an elevated price. Scalping There is no federal legislation making scalping ille - gal in Australia. Instead, ticket resale for sporting and entertainment events is regulated by various consum - er protections under the Australian Consumer Law and state/territory-specific legislation, which set out the manner and terms on which tickets can be resold and may impose restrictions or even prohibitions on scalping in that jurisdiction. By way of example, in Victoria in 2022, amendments to the Major Events Act 2009 made it an offence to advertise or sell a ticket package to a declared event without the written authorisation of the seller. The amendments also require that resellers of all tickets to declared major events now state the face value, the asking price and the seat details of tickets in sale advertisements. Merchandising and Hospitality Beyond ticketing, clubs, teams, event organisers and governing bodies commonly monetise their intellectu - al property through merchandising and premium hos - pitality. Intellectual property (including names, logos and colours) is licensed for use on apparel, equipment and memorabilia, with rights protected through trade mark law and contractual arrangements. Premium hospitality packages, such as corporate boxes, VIP seating and exclusive access, are typically managed centrally and licensed to authorised providers under strict conditions to preserve exclusivity and prevent unauthorised resale. 2.2 Sponsorship Terms In Australia, many sports sponsors use their sponsor - ship rights as a marketing tool. Sponsors generally leverage the platform that a sports rights-holder can offer in order to increase public awareness of their brand and, in turn, the value of their business. The affiliation with a sports rights-holder can, in certain cir -

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

cumstances, improve the sponsor’s corporate image by leveraging the strong reputation and brand of a sporting team or athlete. Sponsors commonly exercise their rights through inte - grated marketing campaigns, digital content, athlete appearances, in-stadium branding, hospitality and promotional events and, subject to privacy and con - sent requirements, through targeted marketing. Attracting Sponsors to Sport Sports rights-holders use sponsors to generate rev - enue for their business through sponsorship fees and attract sponsor investment by offering a range of commercial rights. Traditionally, these rights include the right to use the sports rights-holder’s brand and athlete imagery, branding on athlete kits and at sport - ing events. Sponsorship agreements may also offer customised content featuring athletes and team members, the right to feature on the sports rights- holder’s social media channels and the use of the fan databases for marketing purposes. Rights-holders also rely on audience metrics, broadcast reach, digi - tal engagement statistics and demographic data to demonstrate the commercial value of their platform to potential sponsors. Key Provisions of Sponsorship Agreements in Australia The key provisions in any sponsorship agreement are designed to protect both parties’ brand integrity and ensure clarity around the commercial relationship, and typically include clauses relating to exclusivity, pay - ment terms, sponsor benefits, intellectual property rights, deliverable obligations on the rights-holder, morality and conduct clauses and termination condi - tions. 2.3 Broadcasting Rights Exploiting Broadcasting Rights Traditionally, broadcasters in Australia exploit availa - ble broadcasting rights by selling advertising space on their channels (especially on free-to-air channels) and by other means, including subscription services such as pay-TV (Foxtel) and streaming platforms (Kayo, Stan Sport, Amazon Prime). They may also generate revenue through sponsorship and integration, such as branded segments, in-broadcast advertising and nam -

ing rights, as well as digital and on-demand content. Broadcasters may also license content internationally to sell rights to overseas networks or platforms. Broadcasting rights are among the most valuable rights available to sports rights-holders in Australia. Broadcasters often seek exclusivity in the broad - casting rights to certain sports events because they can exploit those rights to encourage businesses to purchase advertising space on their channels during high-viewership periods. By way of example, in 2025, Supercars entered into a four-year, AUD200 million deal with the Foxtel Group and Seven West Media, securing the live broadcast of all Supercars events on Foxtel/Kayo, including the Repco Supercars Championships, expanding Super - cars’ international presence. The Seven Network will also provide free-to-air coverage for six key rounds. Exclusivity of Broadcasting Rights Broadcasting rights in Australia are often sold on an exclusive basis, meaning that the sale of particular rights to a television channel or provider often pre - cludes their sale to another television company. However, Australia’s anti-siphoning laws require cer - tain events (such as the AFL premiership competition) to be made available free of charge to the general public. Interestingly, in the case of the AFL Grand Final, the match is only broadcast live on a free-to-air television channel, and available on pay-TV on delay. Venue Access and Intellectual Property Rights Broadcasters require venue access licences from event organisers or stadium operators to enter the venue, install equipment and film the event, cover - ing matters such as camera positions, technical infrastructure, staff access, use of captured footage, and compliance with venue rules and safety require - ments. While broadcasters generally own the intellec - tual property in the broadcast (including audiovisual feeds, commentary and graphics), those rights remain subject to restrictions imposed by the sports rights- holder, which typically retains control over official log - os, trade marks and event branding, approval rights over their use in broadcasts, and limited rights to use footage for promotional purposes.

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

3. Sports Events 3.1 Proprietary Rights and Event Management

• codes of conduct and integrity policies; • disciplinary frameworks; • anti-doping policies; and • athletes, officials and teams must agree to the rules of the relevant sport as a condition of partici - pation. 3.2 Duty of Care and Liability Duty of Care In Australia, a legal person may be held liable for their failure to take reasonable care to avoid causing injury or loss to another person (negligence). One of the key requirements in proving that a person has been neg - ligent is to show that the “negligent” person owed a duty of care to the person who was ultimately harmed, or who suffered a loss. Although the tort of negligence and the principle of a duty of care were traditionally developed in Australia by way of the common law, each state and territory has legislated (to varying degrees) in relation to the general concept, such as the Wrongs Act 1958 (Vic). Each Act supplements the common law by addressing the standard of care, causation and available defenc - es. In practice, sports event organisers generally owe a duty of care to participants, staff and spectators. Athletes also owe a duty of care to event attendees and can be liable if they create unnecessary risk to spectators, or engage in deliberately violent or reck - less behaviour. Limiting Liability Liability in negligence can be limited by agreement between the relevant parties, including through partic - ipant agreements, disclaimers and contractual waiv - ers for spectators, often included in ticket terms and conditions. Any agreement should explicitly identify the limitation or exclusion of certain liability, as broad wording such as “all liability is excluded” will not ordinarily be con - strued by Australian courts to apply liability limitations or exclusions to liability for negligence. Liability That Cannot Be Excluded Under Australian law, event organisers cannot exclude liability for:

The High Court of Australia in Victoria Park Racing & Recreation Grounds Co Ltd v Taylor [1937] HCA 45 found that, while event organisers may make a profit by charging entrance to a private area in which a spectacle (ie, a sporting event) is being held, no proprietary rights exist in the spectacle itself. Organisers of sporting events must then find different ways to control rights at a particular sporting event. As sporting events are generally held on private prop - erty, event organisers have the right to issue admis - sion requirements for attendees. Each state and territory in Australia has its own statu - tory regime that prohibits the unauthorised broadcast - ing of sporting events. For example, in Victoria, Sec - tions 43 and 44 of the Major Events Act 2009 (Vic) make it a crime to broadcast, telecast, videotape or record a sporting event without prior authorisation from the organisers. In addition, the Australian Con - sumer Law provides consumer protection by regu - lating misleading and deceptive conduct and unfair contract terms. Work health and safety, liquor, secu - rity and public order laws also govern large events, while privacy legislation applies to the collection and use of attendee data, including CCTV and ticketing information. Management of Sporting Events Each state and territory in Australia has legislated independently on the issue of event organisation, management and supervision. In recent years, a num - ber of legislative repeals have been enacted to better protect the interests of event organisers, including in relation to ticket sales and resales, particularly in rela - tion to ticket scalping, as outlined in 2.1 Available

Sports-Related Rights . Governing Participation

Participation in sport is governed by competition rules and regulations set by the relevant sporting body, eli - gibility criteria, qualification pathways, and compli - ance with anti–doping rules. By way of example:

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

• death or personal injury caused by breaches of Australian Consumer Law; • reckless conduct; • workplace health and safety obligations; • criminal conduct; or • unfair contract terms, including overly broad waiv - ers. Keeping Sporting Events Safe Event organisers may maintain safety and public order by: • complying with workplace health and safety laws; • applying liquor licensing controls; • banning or removing violent or disruptive specta - tors; • providing mechanisms for spectators to report misconduct; • implementing emergency management and evacu - ation procedures; • using surveillance and controlled entry systems; and • managing crowds, including restricting prohibited items. There is no blanket legal requirement in Australia for a sporting club (whether professional, amateur, com - mercial or non-profit) to become incorporated. To limit the liability of members and officers, the most com - mon structure of a sporting club is: • an incorporated association under the applicable state or territory legislation (the Associations Incor - porations Acts); • a company limited by guarantee under the Corpo - rations Act 2001 (Cth) (eg, Football Australia and Swimming Australia); or • a company limited by shares (eg, some NRL, AFL and A-League clubs). 4. Corporate Structures 4.1 Legal Forms of Sporting Bodies However, there are circumstances in which govern - ing bodies require local clubs to be incorporated. For example, AFL NSW/ACT, the state body responsible for the growth of the AFL in New South Wales and

the Australian Capital Territory, requires local football clubs to be incorporated to ensure that the legal rights and obligations of the clubs are not borne by their members. The choice of legal structure for a sporting organi - sation depends on its size, purpose, and objectives. Small, not-for-profit clubs often do not require the more complex governance and reporting obligations of a corporate structure. Whereas for-profit organisa - tions are typically larger, may have paid staff, seek external investment, and operate more like a normal business, which necessitates a higher level of govern - ance and oversight. 4.2 Corporate Governance Codes Sports Governance Principles In March 2020, the Australian Sports Commission released a revised version of its Sport Governance Principles (the “Principles”), developed to guide Australian sporting organisations in delivering good governance. The Principles apply to all organisations throughout the Australian sporting sector, whether they are small local clubs or large national organisa - tions. Directors’ Duties The Principles themselves are not mandatory, but directors of sporting organisations are required to comply with the same behavioural requirements as any other company director in Australia, as outlined in the Corporations Act 2001 (Cth). This includes com - plying with a number of directors’ duties such as the duty of care, skill and diligence, the requirement to avoid conflicts of interest and the duty to act in good faith. These duties also apply under state and territory legislation for incorporated associations and for sport - ing organisations that are registered charities. Insolvent Trading Section 95A of the Corporations Act prohibits direc - tors of corporations, including sporting organisations, from allowing a corporation to trade while insolvent. A sporting organisation will be considered insolvent if it is unable to pay its debts as and when they become due and payable. Consequences of insolvent trading may include:

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

• directors being personally liable for debts; • civil penalties; • criminal charges; • winding up and liquidation; and • disqualification of directors from managing any corporations for a period of time. Other Relevant Rules Many sporting organisations have additional internal governance policies, including fit and proper person tests for officeholders, background checks and con - flict-of-interest rules. At a series or competition level, there are often agree - ments in place between clubs or teams and the organ - isation responsible for running the series or competi - tion. These agreements typically include rules relating to eligibility to participate, ongoing compliance obliga - tions, and a requirement that any change in owner - ship of a club or team be approved by the series or competition organiser. By way of example, the AFL operates a club licens - ing framework, while the NRL and Supercars each have ownership (or change-of-ownership) approval processes for clubs or teams. Consequences for Non-Compliance In addition to the consequences outlined above in relation to insolvent trading, there may be conse - quences for failing to meet governance requirements. These will depend on the sport, the competition struc - ture and the relevant governing body. Consequences may include:

tory governments also fund grassroots sport, facilities and major events. In addition, sporting organisations generate private revenue through broadcasting rights, sponsorships, memberships and merchandising, with professional sport relying primarily on private invest - ment and community sport more heavily supported by government funding and local contributions. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks Registering a Trade Mark In Australia, any individual, company, or incorporat - ed association may apply to register a trade mark in respect of certain goods or services by filing an appli - cation with IP Australia. Subject to certain requirements, a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, sound or scent (provided it is capable of graphical representa - tion) may be registered. What Cannot Be Registered? Certain marks cannot be registered in Australia, including: • marks that are purely descriptive; • some geographical names; • marks containing common surnames; • certain words related to banking and financial services; and • certain prohibited signs and marks which are scan - dalous by nature or contrary to law. The Benefits of Registration The benefits of having a registered trade mark are that the registered owner has the exclusive right to use the mark in respect of the goods and services covered by the registration. Trade mark owners can protect their trade mark by bringing an action against any - one who uses a substantially identical or deceptively similar mark in respect of the same or similar goods or services.

• loss, suspension or reduction in funding; • ineligibility to remain in the competition; • external intervention in the club/team; or • reputational damage to the club/team. 4.3 Sport Funding

Australian sport is funded through a mix of govern - ment funding and private investment. At the federal level, the Australian Sports Commission distributes government funding across national and state sport - ing organisations, high-performance programs and community participation initiatives, and is account - able to the Federal Minister for Sport. State and terri -

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AUSTRALIA Law and Practice Contributed by: Sven Burchartz and Jessica Bell, Kalus Kenny Intelex

Non-Use A trade mark does not need to have been used prior to applying for trade mark registration in Australia; how - ever, the applicant must genuinely intend to use the mark in relation to the nominated goods or services. However, if the applicant fails to use a mark over a continuous three-year period, it can be removed from the trade mark register, or another party can apply to have the mark removed for non-use. Non-Registered Trade Marks Non-registered trade marks are protected under the Australian Consumer Law, which prevents another party from engaging in misleading or deceptive con - duct, such as the unauthorised use of names or logos that may confuse consumers. They are also protected under the common law action of passing off, which prevents another party from misrepresenting that they have an association with the owner’s goods or ser - vices. Sports-Related Examples Sporting bodies routinely register trade marks to pro - tect their brand. By way of example: • Supercars Australia holds registered trade marks for its logos, categories and slogans; • Tennis Australia holds a number of trade marks relating to the “Australian Open” and “AO”; • Cricket Australia owns trade marks for the Ashes, the Boxing Day Test, each of the Big Bash League teams and the “Baggy Green” hat; • NRL and AFL clubs hold registered trade marks for the names and logos of the clubs competing in their respective competitions; and • major events, such as the Melbourne Cup, are protected by trade marks owned by the Victoria Racing Club. 5.2 Copyright/Database Rights Australian Copyright Law In Australia, copyright law is contained in the Copy - right Act 1968 (“Copyright Act”) and supported by common law principles developed by Australian courts. There is no system of copyright registration in Australia. Instead, copyright protection automatically arises once a work is original, created by a qualified person, and fixed in material form. Concepts such as

originality and authorship are not defined in the Copy - right Act and are instead shaped by common law. Given the automatic application of copyright in Aus - tralia, protection immediately extends to sporting content such as match footage, photographs, logos, commentary, fixtures, provided they meet the “origi - nality threshold”. For example, Section 101 of the Copyright Act pro - vides that the copyright in a literary, dramatic, musi - cal or artistic work “is infringed by a person who, not being the owner of the copyright and without the licence of the owner of the copyright, does in Aus - tralia, or authorises the doing in Australia of, any act comprised in the copyright.” This includes using or reproducing copyrighted works and offering articles for sale that contain infringing copyrighted material. Defences for Copyright Infringement Common exceptions and defences to copyright infringement include: • fair dealings with the copyright works (which includes use in reporting, for research, review or criticism); • certain private or incidental dealings with copyright works and other subject matter; and • educational copying and archiving of works. No Specific Database Right There is no specific law in Australia providing for data - base rights, which means that databases may only be protected in Australia if they fall within the scope of protection under the Copyright Act. The Copyright Act will likely only cover a database in respect of the compilation of the data, provided that the creators used intellectual effort in creating the database, and that the database itself is sufficiently original. Copyright and Australian Sport In 2019, the AFL issued a cease-and-desist notice for copyright infringement to a company called League Tees. The AFL alleged that a line of t-shirts and badges marketed and sold by League Tees featured an iconic photograph of an AFL Women’s League player that was taken by AFL Media’s chief photographer, which infringed the copyright of the AFL. Whilst League Tees

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