Intellectual Property and the Media: An Examination of Copyright, Trademark, and Right of Publicity in Sport

in International Journal of Sport Communication

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Annie ClementUniversity of New Mexico, USA

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This treatise addresses the elements of the law of intellectual property (IP)—namely, copyright, trademark, and right of publicity—most important to members of the sport media. Statutes and court decisions under copyright include definition, rights of owners, fair use, licenses, secondary transmission, file sharing, and work for hire. Under trademark name confusion, dilution, trade dress, abandonment, and cancellation are described, and the current use of the right of publicity, a new member of the IP group, among athletes and entertainers is outlined. Infringement and criminal violation of IP rights are mentioned. The results of court cases focus on IP decisions in sport.

The author is with the Faculty of Health, Exercise Science, and Sport, University of New Mexico, Albuquerque, NM.

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