CBC Distribution and Marketing, Inc. (CBC), operator of CDMsports.com (CDM), offering fantasy-sports products and services, brought this action against Major League Baseball Advanced Media, L.P. (MLBAM), to establish its right to use without license the names and, inherently crucial for fantasy-sports operators, statistical records of Major League Baseball (MLB) players. MLBAM, the interactive media and Internet company of MLB, counterclaimed that CBC’s fantasy-baseball products violated MLB players’ rights of publicity, which were licensed through the MLB Players’ Association (MLBPA) to MLBAM. The MLBPA intervened in the suit, joining in MLBAM’s claims and further asserting a breach-of-contract claim against CBC. The district court granted summary judgment to CBC—see C.B.C. Distribution and Marketing, Inc. v. Major League Baseball Advanced Media, L.P., 443 F. Supp. 2d 1077 (E.D. Mo. 2006)—and MLBAM and the MLBPA appealed.
Noni Zaharia and Anastasios Kaburakis
Collaboration between industry and academia is a subject of great interest to sport management academics and sport industry leaders in the United States. However, there is a lack of research regarding barriers to sport industry–academia collaborations and bridging the gap between sport management research and practitioners. The aim of the study was to explore trends in collaboration barriers among various research involvement levels of U.S. sport firms with sport management academia. Data were gathered from 303 sport managers working for U.S. sport companies. Results indicated several barriers for research collaborations between the U.S. sport industry and academia. Such barriers include transactional barriers, sport industry subsectors, sport organizations’ location, and age and education level of respondents.
Noni Zaharia, Anastasios Kaburakis, and David Pierce
The growth of sport management programs housed in (or with formal curriculum-based ties to) a school of business indicates more academic institutions are reconsidering sport management as a business-oriented field. Thus, research is necessary regarding benchmarking information on the state of these academic programs. The purpose of this study is to explore trends on administration, housing, accreditation, faculty performance indicators and research requirements, as well as salaries for faculty and alumni of such programs. Data were submitted by 74 department chairs and program directors employed in U.S. business schools featuring sport management programs. Results indicate that the majority of sport business programs are part of an interdisciplinary department; COSMA accreditation is largely viewed as redundant; and, depending on business schools’ accreditation, variability exists concerning faculty performance measures and research impact, as well as faculty and alumni salaries. These findings suggest considerable progress of sport management programs within business schools.
Anastasios Kaburakis, Linda A. Sharp, and David A. Pierce
Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive analysis, integrating teaching concepts from several areas of the law. Such is the factual scenario of O’Brien v. Ohio State University. This teaching case study offers lessons in Contract Law, NCAA Compliance, and International Arbitration. The complex web of these three intersections of sport law, policy, and management provides students and scholars the opportunity to both delve deeper into concepts and learn crucial details in a broader context. Key facets of each portion instrumentally affected the other portions of the case, triggering chain reactions. Teaching this case contributes to students’ appreciation of these intertwining concepts, and creates overall awareness of potentially far-reaching ramifications for each action.
Anastasios Kaburakis, David A. Pierce, Beth A. Cianfrone, and Amanda L. Paule
The NCAA maintains a balance between amateurism and the increasing need for generating revenue. In this balancing act, there are various policy considerations and legal constraints. These legal and policy entanglements bore such class action suits as Keller v. Electronic Arts, National Collegiate Athletic Association, and Collegiate Licensing Company (2009) and O’Bannon v. National Collegiate Athletic Association and Collegiate Licensing Company (2009), which question current revenue generating practices of the NCAA. The purpose of this study was to examine the perceptions of NCAA Division I men’s football and basketball student-athletes toward amateurism and the particular use of student-athletes’ likenesses in college sports video games. Findings point to a lack of clarity and understanding of the agreements and consent forms student-athletes sign annually. Respondents demonstrated confusion in regard to financial aid opportunities, parameters of their scholarships, and whether they endorse commercial products. A majority of respondents expressed the desire to receive additional compensation. Recommendations include clarification and focused rules’ education from compliance and financial aid officers, as well as introducing new amateurism policy, concurrently avoiding costly litigation.