50206 - SPORTS LAW
Department of Law
Course taught in English
Go to class group/s: 31
CLMG (6 credits - II sem. - OP | IUS/01) - M (6 credits - II sem. - OP | IUS/01) - IM (6 credits - II sem. - OP | IUS/01) - MM (6 credits - II sem. - OP | IUS/01) - AFC (6 credits - II sem. - OP | IUS/01) - CLELI (6 credits - II sem. - OP | IUS/01) - ACME (6 credits - II sem. - OP | IUS/01) - DES-ESS (6 credits - II sem. - OP | IUS/01) - EMIT (6 credits - II sem. - OP | IUS/01) - GIO (6 credits - II sem. - OP | IUS/01) - DSBA (6 credits - II sem. - OP | IUS/01) - PPA (6 credits - II sem. - OP | IUS/01) - FIN (6 credits - II sem. - OP | IUS/01)
Course Director:
PIETRO SIRENA
PIETRO SIRENA
Suggested background knowledge
In order to feel comfortable with this course, it is recommended that students become familiar with the fundamentals of legal systems. To this end, see the teaching materials recommended below.
Mission & Content Summary
MISSION
This course provides students with an overview of the legal framework of the sports business. Students learn the basic concepts to be applied to any action and/or transaction in order to develop an informed decision for themselves and their (future) sports clients. It further provides with a general overview of the professional services as well as the legal structures needed by sportspeople to develop and to maintain their wealth. Students are expected as well to gain the legal mindset to support business managers and consultants in their activity. Fundamental issues concerning sports contract negotiation are raised and discussed.
CONTENT SUMMARY
1 - Introduction to the course and general definition of Sports Law.
- Key aspects of Sports Law;
- From «fair play» to sports regulations;
- Origins and definition of Sports Law;
- International aspects and «Lex Sportiva»;
- Sports Law vs. Ordinary Law: interaction between the two systems;
- Main sources of Sports Law: EU law and the impact on sports activities in Europe;
- The EU Model of sport.
2 - The «specificity of sport»
- The EU and the sports system;
- Social and economic impact on sport;
- Background of article 165 TFEU: the White Paper on Sports, the European Dimension in Sport and the development of the principle of specificity of Sport;
- Article 165 of TFEU;
- Case study: «Walrave-Koch», «Bosman» and «Meca-Medina»;
3 - Olympism
- The Olympic Charter
- IOC and the Olympic Movement
- The Olympic Games
- NOC & Host City Contract
4 - Sports Justice I
- Controversial aspects
- The specificity of Sport and the special needs of the sport system
- Definition of Sports Justice
- Sports Justice vs. Ordinary Justice
- Major players and role of the ECJ
5 - Sports Justice II
- Arbitration and mediation
- The Court of Arbitration for Sport: overview and available procedures
6 - Sports Justice: CAS case study
- Doping and commercial cases
- Olympic Games Jurisprudence
7 Intellectual Property and sports: general overview
- IP and sports
- IP categories
- The Olympic Rings and the IOC TOP Programme
- Legal protection
- WIPO and sport-related IP
8 - Intellectual Property and sports II.
- Commercial value of IP in sports
- Exploitation of IP rights: licensing and broadcasting activities and introduction to image rights: main legal issues
- Case study: the FA’s licensing system, UEFA and an overview of the US system
9 - Contracts – Part I
- General overview.
- Importance of contracts’ negotiations in sports
- Definitions and conditions for validity
- Main categories of sports contracts
10 - Contracts – Part II – Endorsement Agreements
- Endorsement agreement: analysis and practical issues
- Exclusivity terms
- Economic terms
- Moral clauses
- Right of first refusal
- Termination and consequences
- Confidentiality and privacy terms: GDPR
- Litigation and case study: Federer/Nike
11 - Contracts – Part III – Sponsorship and other Sports contracts
- Sponsorship and supply agreement
- Representation agreement
- Sports event agreement. Overview of the impact of the pandemic crisis on sports events and the contractual clause of force majeure
- Media coverage agreement
- Image rights agreements
-Ambush marketing and case study: MasterCard and FIFA
Assignment I
12 Principles of tax law in sports
- The OECD Taxation Model and article 17
13 International Tax Planning in sports
- Tax planning, tax optimisation and risks of tax evasion
- Image rights structures
- Challenge by tax authorities
- UK’s « non-dom » regime
- Italy, Switzerland and Monaco
14 Wealth Management in sports: legal issues
- Definition of Wealth Management
- Various areas of a Wealth Management plan: asset protection, trust and foundations, risk management, estate and succession planning
- Family Office services
15 Governance & Management Guidelines of sports institutions
- Case study: UEFA's Financial Fair Play
- Criteria for organizing a successful sport event
- Sport and philanthropy: legal and tax issues
16 FIFA Regulations: RSTP
- FIFA and its continental agencies
- FIFA Regulations
- FIFA RSTP
- Article 19 and players of minor age
- Case study
17 FIFA Transfer System
18 FIFA Dispute Resolution
ASSIGMENT II
- 20 Anti-doping regulations
- World Anti-Doping Agency (WADA) and its role
- WADA Code: definitions and anti-doping rules’ violation, testing procedures, sanctions
- The biological passport
21 Controversial aspects of sport
- Equality and diversity
- Racism and discrimination
-Protection of human rights in sports: human rights in sports regulations (Olympic Charter), the approach of TAS/CAS, and the international law perspective. Initiatives and efforts of the sport system
- Piracy
- Betting
22 New trends of sports
- Electric sports
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
- Defining the fundamentals of the international sports law system.
- Recognizing the major standards in drafting and evaluating sports contracts.
- Illustrating the impact of intellectual property rights on sports management.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
- Assessing the legal issues involved in sports management.
- Interpreting and drawing up sports contracts.
- Evaluating the legal risk of some controversial sports practices.
Teaching methods
- Face-to-face lectures
- Guest speaker's talks (in class or in distance)
- Case studies /Incidents (traditional, online)
- Group assignments
DETAILS
- Guest speakers intervene during classes to deliver a talk on their own field of ex.
- Case studies are illustrated and discussed in class.
- Group assignments consist in drawing up a memorandum supported by a PWP presentation.
Assessment methods
| Continuous assessment | Partial exams | General exam | |
|---|---|---|---|
|
x | ||
|
x |
ATTENDING STUDENTS
Group assignments are purported to verify the skills and abilities to assess the legal issues involved in sports management, to interpret and draw up sports contracts, to evaluate the legal risk of some controversial sports practices.
The general exam is purported to verify the knowledge of the fundamentals of the international sports system, of the major standards in drawing up and evaluating sports contracts, of the impact of intellectual property rights on sports management.
NOT ATTENDING STUDENTS
Non-attending students must take a general exam, consisting of multiple choice questions and open ended questions.
The general exam is purported to assess the knowledge of the fundamentals of the international sports system, of the major standards in drawing up and evaluating sports contracts, of the impact of intellectual property rights on sports management.
Teaching materials
ATTENDING STUDENTS
For students who have not yet taken exams in law, refer to P. Sirena, Introduction to Private Law, 3rd edn, il Mulino, 2021.
Further teaching material for attending students are circulated in class.
NOT ATTENDING STUDENTS
For students who have not yet taken exams in law, refer to P. Sirena, Introduction to Private Law, 3rd edn, il Mulino, 2021.
Further teaching material for non-attending students are available on the Bboard platform.
Last change 24/12/2022 07:57