Sports Law 2025

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

CHAMBERS GLOBAL PRACTICE GUIDES

Sports Law 2025

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

Contributing Editor Jamie Singer Onside Law

Global Practice Guides

Sports Law

Contributing Editor Jamie Singer Onside Law

2025

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 Reviewer Sally McGonigal, Ethne Withers, Deborah Sinclair and Stephen Dinkeldein Content Reviewers Vivienne Button, Lawrence Garrett, Sean Marshall, Marianne Page, Heather Palomino and Adrian Ciechacki Content Coordination Manager Nancy Laidler Senior Content Coordinators Carla Cagnina and Delicia Tasinda Content Coordinator Hannah Leinmüller 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 Jamie Singer and Flora Peel, Onside Law p.4

ITALY Law and Practice p.124 Contributed by LAWP Studio legale e tributario Trends and Developments p.146 Contributed by LAWP Studio legale e tributario JAPAN Law and Practice p.154 Contributed by TMI Associates Trends and Developments p.171 Contributed by Nagashima Ohno & Tsunematsu PHILIPPINES Law and Practice p.177 Contributed by The Law Firm of Ingles Laurel Calderon Trends and Developments p.189 Contributed by The Law Firm of Ingles Laurel Calderon

AUSTRALIA Law and Practice p.9

Contributed by Kalus Kenny Intelex Trends and Developments p.28 Contributed by Kalus Kenny Intelex BELGIUM Law and Practice p.34 Contributed by ATFiELD Trends and Developments p.56 Contributed by ATFiELD CANADA Trends and Developments p.62 Contributed by Soublière Sport Law

PORTUGAL Trends and Developments p.194 Contributed by Sérvulo & Associados

DENMARK Law and Practice p.70

Contributed by DAHL Law Firm Trends and Developments p.95 Contributed by DAHL Law Firm

SWEDEN Law and Practice p.202 Contributed by Nordia Law

INDIA Trends and Developments p.102 Contributed by Cyril Amarchand Mangaldas

SWITZERLAND Trends and Developments p.216 Contributed by Bär & Karrer

IRELAND Law and Practice p.110

UK Law and Practice p.221 Contributed by Onside Law

Contributed by The Bar of Ireland Trends and Developments p.122 Contributed by The Bar of Ireland

USA Law and Practice p.250 Contributed by Herrick, Feinstein LLP

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INTRODUCTION Contributed by: Jamie Singer and Flora Peel, Onside Law

Onside Law has been at the forefront of sports law for two decades, and has offices in Laus - anne and Sydney in addition to its London HQ. Specialist advisers to clients across sport, me - dia and entertainment, the firm provides practi - cal and effective legal and commercial advice. Its team in London – supported by Lausanne and Sydney – is able to provide the most in - formed advice needed in this increasingly com - plex and sophisticated sector. Onside Law prides itself on being seen as trusted advisers and problem-solvers by all its clients. It acts

for many of the major governing bodies and in - ternational federations, counts six FA Premier League clubs as clients and acts for some of the most high-profile sports people on the plan - et. Onside Law’s specialist areas include disci - plinary, integrity and anti-doping; major sport events; broadcasting and media rights; spon - sorship, licensing and merchandising; invest - ment in sport; acquisition of sports clubs and properties; and esports. The firm would like to thank James Tobias for his contribution to this introduction.

Contributing Editor

Co-Author

Jamie Singer is a founding partner of Onside Law. He qualified at Clifford Chance and joined IMG in 2000, working as principal legal adviser to IMG’s tennis, sponsorship and models

Flora Peel is a paralegal at Onside Law, working across the corporate, commercial and litigation teams. Flora has assisted numerous clients across all sectors, including the

divisions. Jamie advises on a wide range of commercial, intellectual property, governance and regulatory matters across the sports and entertainment industries. His advice on commercial rights spans sponsorship, media rights, licensing, image rights and talent management. His regulatory practice focuses on integrity and match-fixing cases, often appearing before the Court of Arbitration for Sport in Lausanne. He is recommended as a leading expert in all of the legal directories.

ECB, West Ham and World Rugby. Away from work, Flora plays professional hockey for Great Britain, allowing her to incorporate much of her knowledge from the pitch into a legal context.

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INTRODUCTION Contributed by: Jamie Singer and Flora Peel, Onside Law

Onside Law 642A Kings Road London SW6 2DU UK

Tel: +44 20 7384 6920 Fax: +44 20 3627 4555 Email: Jamie.singer@onsidelaw.co.uk Web: www.onsidelaw.co.uk

The Growth of Sports Law Not so long ago, judges and academics scoffed at the suggestion that there was such a thing as “sports law”. There may have been a burgeoning sports industry, but it did not generate its own substantive body of law. Perhaps the idea that something as frivolous as sport could generate its own jurisprudence did not seem possible or even appropriate to a rather conservative judici - ary. With those commentators now clearly part of ancient history, Chambers publishes its fifth Sports Law Global Practice Guide. Sports law is now not only an internationally recognised legal discipline in its own right, but has also generated a significant body of legal precedent. In particu - lar, it provides a crucial framework for the opera - tion and regulation of an industry that has grown at an astonishing pace. Dispute Resolution As sport as a business has developed, the con - tracts underpinning its commercialisation have become ever more sophisticated and the rules which governing bodies impose to control and regulate their sports have had to continually adapt. With higher value contracts and more detailed regulation, as with any industry, dis -

putes have become both more common and more complex. The first specialist court to hear sports-related disputes was created in Lausanne, Switzerland in 1983. Since then, the Court of Arbitration for Sport (CAS) has heard nearly 10,700 cases and expanded with further outposts in the USA and Australia. It has also created ad hoc divisions to provide quick resolution to “on-field” disputes at many of the world’s most significant sport - ing events. This demand for specialist dispute resolution for sport has in turn led to the creation of national bodies which exclusively serve the sports community, ranging from Sport Resolu - tion in the UK to the National Sports Tribunal in Australia. With the extraordinary growth in the financial val - ue of football and, in particular, football transfer deals, not only has FIFA ( Fédération Internation- ale de Football Association ) created its own dis - pute resolution chamber, but this has spawned domestic equivalents with many national football dispute resolution chambers. Some standard transfer agreements now even refer to the “laws of FIFA”. All of these tribunals and courts have contrib - uted to a rich source of jurisprudence whose

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INTRODUCTION Contributed by: Jamie Singer and Flora Peel, Onside Law

foundations remain the many decisions that have been published by CAS. This body of case law, taken alongside the rules and regulations underpinning international sport, has created the Lex Sportiva, a distinct international body of law specific to sport. This guide summarises the key principles of sports law in 14 jurisdictions. Each jurisdiction is reviewed following the same 12-section for - mat with sub-sections, allowing for easy com - parisons on specific issues and concerns. It is designed to provide an easy-to-understand guide specific to each jurisdiction, whilst also demonstrating how certain areas of practice have reached a near homogenous position inter - nationally. Anti-Doping Rules By way of example, as a result of the Interna - tional Olympic Committee’s (IOC) support for the World Anti-Doping Agency (WADA) and its requirements, anti-doping is regulated and enforced in much the same way across the globe through the WADA Code. The Code was revised in 2009, 2015, 2021 and 2022, providing a robust and uniform set of anti-doping rules applied by all 206 nations comprising the Olympic move - ment. In September 2023, WADA launched the first phase of the 2027 WADA Code & Interna - tional Standards Update. This will involve the simultaneous review and update of the Code that is still ongoing. Betting Conversely, the regulation and exploitation of sports betting differs significantly in different jurisdictions. In the USA, prior to the Supreme Court decision in Murphy v NCAA (2018), sports betting was generally prohibited. That deci - sion marked a sea change in American sports and now in 2025, 38 states have now legalised

sports betting. This, in turn, led to a flood of data and licensing deals between sports leagues and betting companies looking to offer accurate real-time betting services. Last year, a total of USD120 billion was spent on sports wagering, up 27.5% from 2022. France took a similar position, reserving sports betting to Francaise des Jeux , a heavily regulat - ed state monopoly throughout the 20th century and beyond. It is only in the last decade that, following pressure from the EU, France set up the National Gambling Authority with a remit to grant sports betting licences to carefully select - ed commercial operators. At the other end of the spectrum, sports bet - ting in the UK has been an integral part of the commercial landscape for decades, with betting sponsors now accounting for more than half of the front-of-shirt sponsors in the English Premier League and a total investment of around GBP60 million. However, as the USA and France liber - alise sports betting, in the UK a review of the Gambling Act 2005 has begun to restrict bet - ting sponsorship of sport, with a ban of these industry deals coming into force in the 2026–27 season. Meanwhile, jurisdictions such as India continue to treat sports betting as, principally, an illegal activity. Commercial Rights The exploitation of sport’s commercial rights has been one of the biggest growth industries of all in the past 25 years or so. The latest report accord - ing to the Best Howard Model estimates the global sports industry to be valued at USD2.65 trillion – a staggering figure demonstrating just how powerful the world of sport is. As this guide demonstrates, different coun - tries take different approaches to the creation

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INTRODUCTION Contributed by: Jamie Singer and Flora Peel, Onside Law

and ownership of the sports rights creating this extraordinary value. In the UK and the USA, there is no standalone right in a sporting event or spectacle. Hence, the rights are exploited by a combination of commercial contracts, rights of access and a variety of intellectual property rights. Conversely, in France, event organisers enjoy automatic rights in the sporting spectacle itself, owning and controlling the commercial rights flowing from the events they organise. However, regardless of how sporting rights accrue, their exploitation is very much an international business. The contracts granting broadcasting, sponsorship, merchandising and licensing rights are now carefully tailored indus - try-specific documents ensuring the vagaries of national regulatory systems do not devalue the international nature of their exploitation. Termination of commercial agreements contin - ues to be the subject of significant debate. The war in Ukraine has led many right-holders to consider whether contracts can be terminated where brands are simply based in or linked to Russia. There are also a few examples of spon - sors attempting termination of contracts with clubs due to player behaviour. For example, Kurt Zouma’s mistreatment of a cat led to sponsors arguing they were entitled to terminate contracts with Zouma’s employer, West Ham. Anti-doping offences often lead to similar contract termina - tions, such as Maria Sharapova’s relationship with Nike following a positive drug test and ban. Disputes will invariably follow as the interpreta - tion of “reputation-based” termination rights is scrutinised. Broadcast Rights Traditionally, broadcast rights have been the most valuable of these commercial rights. The

IOC generates over USD4 billion in its four-year cycles capturing summer and winter versions of the Olympics. FIFA has a similar aggregation model, with one men’s World Cup every four years generating nearly USD3 billion, and the women’s World Cup now generating more than USD570 million, for example. In these cases, such figures constitute well over half of their income. The contractual framework and legal system underpinning their exploitation have had to withstand the constant evolution of the means of production and distribution as well as, latterly, the viewing platforms available for consumption. Broadcasting now encompasses multiple tech - niques for delivering a feed to a consumer and requires a suite of specific contracts to paper those transactions. Due to the hardships suffered in the primary COVID-19 years as well as the uncertainty caused by global wars and disputes, the industry continues to adapt to ensure any future uncer - tainties come at a smaller cost. Commercial contracts and particularly force majeure clauses have been scrutinised, with the future of some of these organisations resting on how a “boil - erplate” clause was drafted. The force majeure clause will now be a key element of commer - cial negotiation rather than an afterthought, as was often the case before. The consequences of COVID-19 and global unrest, and the inter - pretation of affected contracts, will fuel litigation and disputes for years to come. The Question of Insurance Insurance is another area coming under scrutiny and development as a result of the pandemic. The All England Lawn Tennis Club (AELTC), owners of the Wimbledon Championships, were praised for their foresight as one of the very few organisations to have taken out event cancel - lation insurance which specifically included

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INTRODUCTION Contributed by: Jamie Singer and Flora Peel, Onside Law

cancellation due to a pandemic. Their acumen ensured the protection of their financial position, despite cancellation (and in turn protected the share of profits which England’s tennis associa - tion, the Lawn Tennis Association (LTA), relies upon). Going forward, insurance will be a key consideration for legal and finance directors, although the increased premiums will reduce the pool of event organisers who can even con - sider it. Freedom of Goods and Services In Europe, COVID-19 is not the only major event that sport has had to navigate in the last few years. In December 2020, the European Union Withdrawal Act was passed by the UK Parlia - ment and the UK left the EU on 1 January 2021. An immediate impact has been felt with regard to the transfer of professional athlete contracts, particularly in football. The fundamental princi - ple of the free movement of goods and services within EU countries was critical to the opera - tion of the football transfer system, as well as to many other sports. Those systems are having to adapt to the new reality and it will be interesting to see how they fare.

Since early 2022, we have been seeing the dev - astating consequences of the war in Ukraine also affecting sport. Initially, this led to many fed - erations banning Russian and Belarusian teams from competition and withdrawing hosting rights – also affecting individual athletes across the world in all disciplines of sport. Already, Rus - sia has launched numerous appeals at the CAS, which will have the difficult task of putting emo - tion aside to consider the legality of actions taken under the relevant constitutions and rules of participation. The Future Awaits... The events of the last few years have seen and will continue to see significant additions to the Lex Sportiva. It appears that 2025 will see sport continue to grow at rapid speeds, with fans keener than ever to experience the passion, atmosphere and excitement that sport has to offer. As lawyers supporting this industry, we hope this guide assists in navigating the chal - lenges ahead.

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AUSTRALIA

Australia

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

Sydney

Tasmania

Contents 1. Regulatory p.11 1.1 Anti-Doping p.11

7. Employment p.22 7.1 Sports-Related Employment Contracts p.22 7.2 Employer/Employee Rights p.23 7.3 Free Movement of Athletes p.23 8. Women’s Sport p.23 8.1 Women’s Sport Overview p.23 9. Esports p.24 9.1 Esports Overview p.24 10. NFTs, AI and the Metaverse p.25 10.1 Non-Fungible Tokens (NFTs) p.25 10.2 AI p.26 10.3 The Metaverse p.26

1.2 Integrity p.12 1.3 Betting p.13 1.4 Disciplinary Proceedings p.14 2. Commercial Rights p.14 2.1 Available Sports-Related Rights p.14

2.2 Sponsorship p.15 2.3 Broadcasting p.15 3. Sports Events p.16 3.1 Relationships p.16 3.2 Liability p.16 4. Corporate p.17

4.1 Legal Sporting Structures p.17 4.2 Corporate Governance p.17 4.3 Funding of Sport p.17 4.4 Recent Deals/Trends p.18 5. Intellectual Property, Data and Data Protection p.18 5.1 Trade Marks p.18

5.2 Copyright/Database Rights p.19 5.3 Image Rights and Other IP p.19 5.4 Licensing p.20 5.5 Sports Data p.20 5.6 Data Protection p.21

6. Dispute Resolution p.21 6.1 National Court System p.21 6.2 ADR (Including Arbitration) p.22 6.3 Challenging Sports Governing Bodies p.22

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

Kalus Kenny Intelex is a progressive, commer - cially oriented firm, specialising in sport, prop - erty, commercial and dispute resolution. The firm shares its clients’ successes by becoming a true strategic partner in their pursuits, and always seeks to deliver more value by offering business outcomes in addition to legal advice. Kalus Kenny Intelex’s personal and proactive approach, combined with a straightforward na - ture, makes it a different kind of law firm. The sports law team understands that, like sport it -

self, the business of sport is dynamic, emotion - ally charged and highly competitive. With local and global experience in the sports and leisure sector, its sports law team supports profession - al and amateur sporting organisations, clubs/ teams, athletes, sponsors and other key stake - holders in their pursuit of sporting and com - mercial success. Kalus Kenny Intelex is the sole Australian member of the International Lawyers Network, a global alliance of 5,000 lawyers in 66 countries.

Authors

Sven Burchartz is a partner at Kalus Kenny Intelex, and has significant experience in complex commercial transactions and dispute resolution, particularly in sport.

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

He advises sporting organisations, governing/ 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 New Zealand Sports Law Association (ANZSLA).

international clients on corporate and commercial transactions, including in the sports industry. Jessica has a long-held passion for motorsport, evidenced by her deep involvement in the industry as a competitor and in leadership roles in car clubs and motorsport teams and as an accredited Motorsport Australia Photographer. Jessica is a member of the Australian New Zealand Sports Law Association (ANZSLA).

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

Kalus Kenny Intelex Level 1, 4 Riverside Quay

Southbank Melbourne Victoria 3006 Australia

Tel: +613 8825 4800 Fax: +613 9826 9909 Email: sburchartz@kkilawyers.com.au Web: www.kkilawyers.com.au

1. Regulatory 1.1 Anti-Doping Criminal Offences Relating to Doping in Australia Australia, unlike many other countries, does not have any legislation that specifically crimi - nalises doping in sport. Instead, the Australian Commonwealth and each of the states and ter - ritories have enacted legislation that criminalises certain conduct constituting a violation of the World Anti-Doping Agency’s (WADA’s) anti-dop - ing rules. By way of example: • 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 (Prohibited Imports) Regulations 1956 crimi - nalises 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 legisla - tion in Australia also prohibits the use or admin - istration of a substance on the World Anti-Dop - ing Code Prohibited List without an appropriate medical or therapeutic justification. Implementation of the World Anti-Doping Code in Australia Australia is a signatory to the UNESCO Interna - tional Convention against Doping in Sport, and is therefore required to implement an anti-doping scheme that is in accordance with the principles of the World Anti-Doping Code. Sport Integrity Australia – an executive agency of the Australian government that brings togeth - er the Australian Sports Anti-Doping Authority (ASADA), the National Integrity of Sport Unit (NISU) and the national integrity programmes of the Australian Sports Commission as one entity – implements the World Anti-Doping Code by way of a legislative framework that includes the Sport Integrity Australia Act 2020 and the Sport Integrity Australia Regulations 2020 (in particular, Schedule 2 – the National Anti-Doping Scheme). Sport Integrity Australia collaborates with the World Anti-Doping Agency (WADA), international

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

anti-doping organisations and other stakehold - ers 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. The Sports Integri - ty Australia Act 2020 was most recently amend - ed in December 2020 to implement revisions to the World Anti-Doping Code. Recent Anti-Doping Case Example A recent case example in Australian sport is that of footballer Joel Smith, who was provisionally suspended in October 2023 by the Australian Football League (AFL) for testing positive for cocaine following an in-competition doping con - trol test in August 2023. Following a lengthy investigation by Sport Integ - rity Australia, in November 2024 Smith was sus - pended for four years and three months for five Anti-Doping Rule Violations: • a positive match-day test for cocaine follow - ing a game in August 2023; • trafficking or attempted trafficking of cocaine between April and September 2020; • trafficking or attempted trafficking of cocaine during July 2022; • trafficking or attempted trafficking of cocaine during September 2022; and • possession of cocaine in September 2022. The suspension means that Smith cannot play in any WADA-compliant competition until January 2028, but can return to training for the AFL in November 2027. 1.2 Integrity Match-Fixing – Legislative Measures 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 criminal offences, includ - ing legislation by relevant jurisdictions, in rela - tion 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.” number of Australia’s states and territories have since enacted legisla - tive arrangements 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, terri - tory or the Commonwealth), 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” ). Role of Governing Bodies Athlete misconduct, including match-fixing and/ or cheating in sport, is also dealt with and regu - lated by the relevant sporting code’s governing body, in accordance with the specific rules and the guidelines of participation in that particular sport. Often, regardless of the code or league, athlete misconduct can trigger suspension, or in more serious cases, an athlete or athletes may have their contract terminated as a result of their mis - conduct. 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 con - sequences of misconduct in Australian sport. Paine was accused of sending sexually explicit and unsolicited text messages to a former Crick - et Tasmania employee. As a result, he lost the

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

Regulation of the Betting Activities of Professional Athletes

support of the Cricket Australia board and was reportedly forced to stand down from his cap - taincy. He has not played in the Australian side since, retiring from first-class cricket in March 2023. Notably, where athletes are engaged in a team sport where “team orders” may impact the final result of a competition, these team orders may not be a breach of the rules and regulations of that specific sport. For example, in Glenn Allerton v Mike Jones & Cru Halliday (with Motorcycling Australia), the National Sports Tribunal found that although the respondents acted together to alter the result of a race during the Austral - ian Superbike Championship in 2023, they did so upon team orders which is not in breach of Motorcycling Australia’s policies. 1.3 Betting No National Authority Regulating Sports Betting in Australia Sports betting is not illegal in Australia, and there is no single overarching statute or authority reg - ulating 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 Aus - tralia’s eight mainland states and territories. By way of example, the Victorian Gambling and Casino Control Commission Act 2011 provides for the creation of the Victorian Gambling and Casino Control Commission (VGCCC, formerly known as the Victorian Commission for Gam - bling and Liquor Regulation), which is empow - ered to regulate the gambling and liquor indus - tries in Victoria.

The betting activities of professional athletes are often regulated to a greater extent than those of non-athletes by the regulating body of their particular sport. The AFL, for example, prohib - its players from betting on AFL matches, and in 2022 fined a player AUD5,000 and banned him from playing for two matches after he placed bets on 10 games during the 2021 AFL season. The AFL also saw a betting scandal involv - ing match umpires in 2022 where votes for the Brownlow Medal (which is awarded to the AFL’s best and fairest player in a season) were leaked by an umpire. The umpire in question subsequently lost his job with the AFL and was arrested by Victoria Police. In response, the AFL introduced new regulations relating to betting activities from 2023, includ - ing setting an AUD250 payout limit for round- by-round betting, prohibiting any AFL staff from placing bets and allowing for on-the-spot audits at any time. Similarly, in early 2024, a group of A-League (soccer) players from a Sydney-based club were charged over an alleged betting corruption scan - dal. Police allege that an organised crime figure from South America instructed club captain, Ulises Davila, to deliberately earn yellow cards during multiple matches between November 2023 and May 2024, with Davila paying two of his teammates up to AUD10,000 each for their involvement. The players have all been suspend - ed by Football Australia pending resolution of the matters in court.

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

2. Commercial Rights 2.1 Available Sports-Related Rights Ticketing Rights One of the most notable sports-related commer - cial rights to be exploited in Australia are those relating to ticketing. The market for tickets in Australia is significant and comprises both pri - mary and secondary ticketing markets. The term “primary ticket sales” refers to a situ- ation where tickets are first sold by an official ticket seller, whereas the term “secondary mar- ket” refers to a situation where those primary tickets are resold. The Secondary Ticketing Market The secondary market for tickets in Australia comprises two main components, as follows: • authorised on-selling, whereby sporting bodies, such as Tennis Australia or the AFL, authorise other entities, such as travel com - panies, to purchase tickets to a sporting event and on-sell them to their customers; and • ticket scalping, whereby ticket scalpers resell tickets at an elevated price. Scalping There is no federal legislation making scalping illegal in Australia. In 2017, the Australian Senate passed an amended motion for the Australian federal government to introduce new legislation to combat the issue. However, to date no specif - ic federal legislation has been enacted. Instead, ticket resale to sporting and entertainment events is regulated through various consumer protections under the Australian Consumer Law and state/territory-specific legislation which sets out the manner and terms on which tickets can

Protecting the Integrity of Sport – Information Sharing In some Australian states, approval by regula - tors (such as the Victorian Gambling and Casino Control Commission) as a Sports Controlling Body (SCB) enables an organisation to enter into agreements with sports betting providers for the provision of particular sports betting services, and to receive a financial benefit in return. 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 con - fidence in Australian sports and any associated betting activities. 1.4 Disciplinary Proceedings Each of the major sporting codes in Australia has developed and implemented its own integ - rity unit, tribunal or similar body, to manage disciplinary proceedings against athletes. The steps taken by each of those bodies in respect of investigating and penalising doping, integ - rity, betting and other offences differ among the codes. By way of example, Rugby Australia has imple - mented a mandatory reporting scheme where - by “participants” in rugby (including players, coaches, managers and agents) are required to immediately report any breaches of their Anti- Corruption and Betting Policy to an appointed Integrity Officer. That Integrity Officer is then empowered to investigate the breach, issue the relevant participant with a written breach notice and, if requested, establish an integrity tribunal to conduct a hearing in relation to the alleged breach.

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

Key Provisions of Sponsorship Agreements in Australia The key provisions in any sponsorship agree - ment include clauses relating to: • exclusivity, which may relate solely to a par - ticular market or market segment; • payment terms; • sponsor benefits, including provisions dealing with the suspension of any sponsor benefits; • intellectual property rights, including where and how a sports rights-holder’s brand can be used, and any required approvals; • termination conditions; and • the duration of the agreement. 2.3 Broadcasting Exploiting Broadcasting Rights Traditionally, broadcasters in Australia exploit available broadcasting rights by selling adver - tising space on their channels (especially in the case of free-to-air channels) and otherwise by offering paid subscription services to the public. Broadcasting rights are one of the most valuable rights available for sports rights-holders in Aus - tralia to sell in order to generate revenue. Broad - casters will often seek exclusivity in the broad - casting rights to certain sports events because they can exploit those rights to encourage busi - nesses to purchase advertising space on their channels during times of high viewership. By way of example, 2025 marks the beginning of the biggest broadcast rights deal in Austral - ian sporting history with the AFL extending its partnership with both Seven Network, which is a commercial free-to-air television channel in Aus - tralia, and Foxtel and Kayo as a subsidiary of Foxtel, which are both subscription-style pay-TV services, for a further seven years in an AUD4.5 billion deal.

be resold, and provides for restrictions, or even prohibitions on scalping in that jurisdiction. By way of example, in Victoria in 2022, amend - ments 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. 2.2 Sponsorship In Australia, many sports sponsors use their sponsorship rights as a marketing tool. Spon - sors 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 circumstances, improve the corporate image of the sponsor as they leverage the strong reputation and brand of a sporting team or athlete. Attracting Sponsors to Sport Sports rights-holders use sponsors to generate revenue for their business by way of payment of sponsorship fees. Sports rights-holders attract sponsor investment by offering a range of sponsor rights, which tra - ditionally can include the right to use the sports rights-holder’s brand and athlete imagery, and to have the sponsor’s brand displayed on athlete kits and at certain sporting events. Sponsorship agreements may offer customised content, fea - turing athletes and team members, the right to feature on the sports rights-holder’s social media channels and, in some circumstances, allow the use of the sports rights-holder’s fan database for the sponsor’s marketing purposes.

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

Similarly, Cricket Australia currently has broad - casting rights agreements in place with both Seven Network, and Foxtel and Kayo. Interest - ingly, not all cricket shown in Australia will be broadcast on either Seven Network, Foxtel or Kayo, with the International Cricket Council (ICC) striking a deal with Amazon Prime for exclusive rights to show all ICC cricket matches shown in Australia until the end of 2027. This includes the Men’s and Women’s Cricket World Cups, T20 World Cups and World Test Championship Final. Exclusivity of Broadcasting Rights Broadcasting rights in Australia are often obtained on an exclusive basis, meaning that the sale of particular broadcasting rights to a certain television channel or provider often pre - cludes the sale of those same rights to another television company. There are a number of “anti-siphoning” laws in Australia that require certain events (such as the AFL premiership competition) to be made available free of charge to the general public. This means that subscription-based television providers are not able to acquire the exclusive rights to broadcast these sporting events with - out a free-to-air television channel also holding those broadcasting rights. 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 at a later time.

(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 gener - ally held on private property, event organisers have the right to issue admission requirements for attendees. Further, each state and territory in Australia has varying statutory regimes that prohibit unauthorised broadcasting of sporting events. For example, in Victoria, Sections 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. Management of Sporting Events Each state and territory in Australia has legis - lated independently on the issue of event organi - sation, management and supervision. In recent years, a number of legislative repeals have been enacted to better protect the interests of event organisers, including in the area of ticket sales and resales, particularly in relation to ticket scalping, as outlined in 2.1 Available Sports- Related Rights . 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 (negli - gence). One of the key requirements in proving that a person has been negligent 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 traditionally developed in Aus - tralia by way of the common law, each of the 3.2 Liability Duty of Care

3. Sports Events 3.1 Relationships

The High Court of Australia in the matter of 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

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

states and territories has now legislated (to vary - ing degrees) in relation to the general concept. For example, in Victoria negligence is governed by the Wrongs Act 1958 (Vic). Generally, sports event organisers owe a duty of care to participants in the event, people working at the event and spectators who buy a ticket to and attend the event. Limiting Liability Liability in negligence can be limited or exclud - ed by way of agreement between the relevant parties. However, the agreement should explic - itly identify the limitation or exclusion of certain liability, as general wording such as “all liability is excluded” will not ordinarily be construed by Australian courts to apply liability limitations or exclusions to liability for negligence. There is no blanket legal requirement in Australia for a sporting club (whether that club is profes - sional, amateur, commercial or non-profit) to become incorporated. However, in order to limit the liability of its members and officers, many sporting clubs do choose to incorporate, either as: • incorporated associations under the applica - ble state or territory legislation (the Associa - tions Incorporations Acts); or • corporations under the Corporations Act 2001 (Cth) (the Corporations Act). 4. Corporate 4.1 Legal Sporting Structures There are some circumstances where governing bodies have imposed a requirement that small local clubs be incorporated. For example, the 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. 4.2 Corporate Governance Sports Governance Principles

In March 2020, the Australian Sports Com - mission released a revised version of its Sport Governance Principles (the “Principles” ), which it has developed for the purpose of guiding Aus - tralian sporting organisations to deliver good governance. The Principles apply to all organi - sations throughout the Australian sporting sec - tor, whether they are small local clubs or large national organisations. Directors’ Duties The Principles (outlined above) are not manda - tory, 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. This includes complying with a number of direc - tors’ 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. Insolvent Trading The Corporations Act also prohibits insolvent trading by directors of all corporations, which includes the directors of sporting organisations. Pursuant to Section 95A of the Corporations Act, “a person is solvent if, and only if, the person is able to pay all the person’s debts as and when they become due and payable.” 4.3 Funding of Sport The Australian Sports Commission (ASC) is the Australian government agency responsible for

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

supporting and investing in sport in Australia and is funded by the Australian government. The ASC distributes the funds it receives from the Australian government amongst sport at all levels, and is accountable to the Australian Fed - eral Minister for Sport. Some sporting organi - sations in Australia are also funded by way of private investment. In the wake of the COVID-19 pandemic, govern - ment financial support was introduced for small businesses and community sporting organisa - tions. Although the amount of funding grants has decreased, a small number of grants remain available for community sporting organisations, such as the Emergency Sporting Equipment Grant Program and Sporting Clubs Grants Pro - gram (both in Victoria). 4.4 Recent Deals/Trends Private equity continues to be a trend in the Australian sporting sector, although not without hesitation. Private equity investment refers to a situation where a private equity investor raises a pool of capital to form a fund which, once the particular funding goal has been met, will be invested into a company that the investor believes will offer a return. In 2021, the Australian Professional Leagues (APL) sold 33% of the A-League to American private equity firm Silver Lake for AUD140 million with the intention of expanding the A-League Women’s season, providing more support to youth football and a greater investment in digi - tal, marketing and community programmes for the A-League. Rugby Australia (rugby union’s national govern - ing body) also explored multiple capital-raising options throughout 2023. In November 2023, the

governing body announced an agreement with a private equity firm, Pacific Equity Partners, to provide a flexible AUD80 million credit facility to help accelerate growth initiatives, particularly in women’s rugby, community and pathways. Private equity funding has recently been con - sidered in both netball and cricket in Australia. No such deals have proceeded, with an AUD6.5 million deal to privatise Super Netball falling through in August 2022 following Netball Aus - tralia’s rejection of the proposal. More recently, in 2023, Football Australia con - sidered the sale of its rights to the Matildas and Socceroos for a 99-year period. While the proposal advanced significantly, the high com - mercial and privacy risk ultimately led Football Australia to shelve the privatisation plans. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks Registering a Trade Mark In Australia, any individual, company, or incorpo - rated association may apply to register a trade mark in respect of certain goods or services by filing an application with IP Australia. Subject to certain requirements, a letter, word, name, signature, numeral, device, brand, head - ing, label, ticket, aspect of packaging, shape, colour, sound or scent (provided it is capable of graphical representation) may be registered. What Cannot Be Registered? Certain marks cannot be registered in Australia, including: • marks that are purely descriptive;

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

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 database rights, which means that databases may only be protected in Australia if they fall within the scope of protection offered by the Copyright Act. The Copyright Act will likely only cover a database in respect of the compilation of the data, and 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, infringed the copyright of the AFL. Whilst League Tees main - tained a position that their designs were sub - stantially different from the photograph, they ulti - mately withdrew the products from the market. 5.3 Image Rights and Other IP No Image Rights in Australia In Australia, there is no legally recognised image right. This means that the protection of an ath - lete’s image is not a specific cause of action. Instead, a number of other more traditional

• some geographical names; • marks containing common surnames; • certain words related to banking and financial services; and • certain prohibited signs and marks which are scandalous by nature or contrary to law. The Benefits of Registration The benefits of having a registered trade mark include that: • the registered owner will have the exclusive right to use the mark in respect of the goods and services covered by the registration; and • the registered owner will have the right to bring an action against anyone using a mark that is substantially identical or deceptively similar mark to the registered owner’s regis - tered mark, in respect of the same or similar goods or services and where customers are In Australia, copyright law is contained in the Copyright Act 1968 (Copyright Act). There is no system of copyright registration in Australia. Instead, subject to certain requirements, particu - lar forms of expression (including text, images and music), are automatically protected by cop - yright under the Copyright Act. For example, Section 101 of the Copyright Act provides that the copyright in a literary, dramatic, musical 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 copy- right, does in Australia, or authorises the doing in Australia of, any act comprised in the copyright.” This includes using or reproducing the copyright works and offering articles for sale which contain infringing copyright material. likely to be deceived or confused. 5.2 Copyright/Database Rights Australian Copyright Law

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

causes of action need to be relied upon in order to protect a celebrity’s image. These causes of action include: • the tort of passing off; • breach of Australian Consumer Law; • defamation; or • trade mark and copyright infringement. The Australian Consumer Law and the Tort of Passing Off Passing off is a common law tort in Australia, and refers to a situation where one party misrep - resents that their goods or services are associ - ated with the goods or services of another. Similarly, the Australian Consumer Law prohib - its a party from engaging in conduct that could mislead or deceive consumers. In relation to the image of an athlete, this means that any use of an athlete’s image is prohibited if that use could lead consumers to believe that there is a rela - tionship in place between the business and the Sports bodies and athletes can exploit their intellectual property (IP) rights in order to lever - age the value of their brand and to generate rev - enue by licensing those IP rights to third parties. These licensing rights might include the right to apply a registered or unregistered trade mark to goods, services or other advertising materials. Restrictions on Assignment In Australia, there are very few restrictions on assignment of intellectual property. For an assignment of copyright to be valid and enforce - able, that assignment must be in writing by way of a deed or agreement. However, where a trade mark is not registered, the ownership and intel - relevant athlete. 5.4 Licensing Licensing

lectual property rights in the unregistered mark can only be assigned with the goodwill of a busi - ness. Further, where a trade mark is a collective mark – ie, a trade mark that is owned by an associa - tion that allows members to use the mark on their goods or services, it cannot be assigned or transmitted under Australian law. 5.5 Sports Data In Australia, sports data, including both ath - lete and spectator data, is predominantly used by stakeholders to track athlete performance, increase fan engagement and encourage and Many of Australia’s elite sports teams collect and analyse athlete data to identify strengths and weaknesses in any given athlete or a team’s per - formance. Analytics can help athletes and teams understand the key factors that contributed to their winning or losing a game or season. In the AFL, for example, football clubs have developed their own data management systems and have recruited their own teams of data ana - lysts to enable them to determine where they can improve and even how they can win. Fan Engagement Data and analytics are also used in Austral - ian sport to improve the fan experience and to increase fan engagement with a particular sport or team. expand partnerships. Athlete Performance Clubs and sports event organisers use data to create a better experience for fans within an event location (eg, a stadium) by collecting data in relation to ticket sales, spectator movement around the stadium and the purchases made at

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