POLAND Law and Practice Contributed by: Łukasz Klimczyk, Maciej Skrzypek, Beata Danel-Skrzypek and Piotr Klepuszewski, SLK Partners
2.3 Broadcasting Rights The commercial exploitation of sports broadcast - ing rights in Poland is primarily governed by general civil law (including the principle of freedom of con - tract under Article 353¹ of the Civil Code), the Act on Copyright and Related Rights, and the Broadcasting Act. Although sporting events themselves are not protected by copyright, the audiovisual recording and broadcast signal are protected as related rights of the producer and broadcaster. Broadcasters there - fore acquire transmission rights contractually from the relevant rights-holder, such as a league organiser, fed - eration or event organiser. Broadcasters monetise sports rights mainly through subscription-based models (pay-TV channels and over-the-top (OTT) platforms), advertising revenue, sponsorship of broadcast segments and, in some cases, sublicensing arrangements. Premium sports content remains a key driver for subscriber acquisi - tion and retention, while free-to-air broadcasters rely primarily on advertising revenue generated by high audience reach. From the perspective of sports rights-holders, broad - casting rights are typically centralised and sold through multi-season cycles, often divided into pack - ages based on platform, territory or the number and importance of matches. Exclusive licensing within a defined territory and distribution channel remains the dominant model in Poland, although hybrid structures are increasingly used to expand audience reach (eg, non-exclusive highlights or selected matches). Broadcasting agreements usually regulate signal own - ership, archival rights, digital exploitation of content, highlight creation and anti-piracy measures, while venue access and production requirements are gov - erned by host broadcaster agreements or competition regulations. Certain events of major importance may also be subject to mandatory free-to-air availability under Polish broadcasting regulations implementing the Audiovisual Media Services Directive.
Image Rights The commercial exploitation of athletes’ and teams’ image rights, as well as stadium-based marketing rights, also forms an important component of sports commercialisation and may be exercised either by clubs or centrally at league level. 2.2 Sponsorship Terms In Poland, sports sponsorship constitutes one of the principal tools for brand promotion and marketing communication. Sponsorship agreements are typical - ly structured as unnamed contracts concluded under the principle of freedom of contract (Article 353¹ of the Civil Code) and are reciprocal in nature, with sponsors providing financial or in-kind support in exchange for defined marketing and promotional rights. The legal framework of such arrangements is further shaped by intellectual property law and general civil liability rules. Standard sponsorship agreements in Poland typi - cally regulate, inter alia, the scope of sponsorship rights and designation of sponsor status, marketing and image rights (including use of trade marks, logos and athletes’ image), the extent of brand exposure across physical and digital assets, sector exclusivity (category exclusivity), the sponsor’s activation obli - gations, remuneration structures (including monetary and barter consideration), intellectual property licenc - es, morality clauses aimed at protecting reputation, as well as the duration and termination of the agreement (including in the event of regulatory breaches or sport - ing relegation). Sponsors enhance and promote their brands primarily through exposure linked to sporting events and enti - ties. This includes, in particular, logo placement on team apparel, stadium and LED board advertising, title sponsorship (including naming rights for stadiums or competitions), integration into broadcast and digital content, social media campaigns, and hospitality packages. Sponsorship is also used as a means of associating a brand with the values of sport – such as competition, credibility or a healthy lifestyle – and of conducting targeted marketing activities aimed at fan communities or local audiences.
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