SPAIN Law and Practice Contributed by: Joaquín Jofre Fernández-Abascal, Jofre Sports Law
Contractual leverage By purchasing a ticket or receiving accreditation, indi - viduals enter a contract that prohibits unauthorised recording or commercial exploitation of the event. Broadcasting exclusivity Under Royal Decree-Law 5/2015, the rights to audio - visual exploitation of professional football are central - ised, recognising the competition organiser (LaLiga) as the entity with the power to manage these com - mercial “proprietary” interests. Controlling Rights: Access and Footage Organisers use a “layered” approach to prevent unau - thorised footage. The 90-second rule (right to information) Under Article 19 of the General Law on Audiovisual Communication (Law 13/2022), broadcasters have a right to access venues to record “short news summa - ries” (max 90 seconds) for general news programmes without paying. Accreditation agreements Any media outlet entering beyond the “short news” exception must sign an agreement that strictly dic - tates how footage can be used, often requiring “rights back” to the organiser for certain uses. Anti-piracy legislation Spain has some of the EU’s strictest anti-piracy meas - ures. Organisers can obtain “dynamic injunctions” from courts, allowing them to block illegal streaming servers in real time during a match. Applicable Legislation: Consumer Protection The relationship between a sports event organiser and a fan is governed by the General Law for the Defence of Consumers (LGDCU). Right to refund If an event is cancelled or significantly rescheduled, consumers have a non-waivable right to a refund. Abusive clauses Terms on a ticket that state “no refunds under any circumstances” or that allow the organiser to change
The “event right” The sports organiser (LaLiga) owns the underlying commercial rights to the event itself. Enforcement Spain is a leader in anti-piracy. Courts now grant “dynamic injunctions”, allowing ISPs to block illegal streaming sites in real time during a match without needing a new court order for every individual URL. Notable Example: LaLiga 2027–2032 Deal In late 2025, LaLiga concluded its largest-ever domes - tic tender: • the deal – EUR5.25 billion over five seasons (approximately EUR1.05 billion/season); • the players – Telefónica (Movistar) and DAZN retained the core rights; and • key shift – the new deal eliminated the “three exclusive matchdays” previously held by Movistar, moving to a perfectly even 5/5 split to satisfy com - petition regulators and increase the value for the streaming partner (DAZN).
3. Sports Events 3.1 Proprietary Rights and Event Management
In Spain, the legal concept of “proprietary rights” in a sports event is not explicitly defined as a single prop - erty right (like a patent). Instead, it is a “bundle of rights” derived from various laws that allow organisers
to control and monetise their events. Proprietary Rights and “House Rights”
While Spanish law does not grant “ownership” of the game itself, organisers exercise “house rights” ( dere- cho de admisión y exclusividad en el recinto ). Venue control Most events occur in private or state-leased venues. The organiser’s right to control access allows them to set contractual conditions for entry.
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