The Australian and New Zealand Sports Law Journal 2013
‘A spectacle cannot be owned’: A history of the uneasy relationship between copyright and sport in Australia
Catherine Bond
The relationship between copyright and sport has attracted much media and legal attention in the 2012 to 2013 period, with changes in the reporting of control and access to sports content. Limited Olympic coverage; reported arguments during the re-negotiation of television, radio, online and mobile broadcasting arrangements; and the Singtel Optus v National Rugby League Investments litigation have highlighted for the Australian public the complex and expensive difficulties that arise in the interaction between copyright law and sport. However, this article illustrates that this is not a modern phenomenon: copyright and sport in Australia have always had an ‘uneasy’ relationship, with sporting organisations regularly demanding more from copyright law than that area was willing to provide. Through an exploration of case law, archival materials and government reports, this article considers two examples – copyright in sports information and compilations, and copyright in sporting events – in a historical context. This examination demonstrates that, despite this tension, copyright and sport have always had a symbiotic relationship and each has had an impact on the development of the other in Australia.
Financial distress and the culture of sports
Jack F Williams and Elizabeth Simmons
Sports franchise bankruptcies pose a challenging array of issues from what property is available to the creditors to what influence bankruptcy law may have on sports governance and franchise/league relations. This article asserts that these issues are better understood through a cultural lens. Contrasting the lead to legal liability if the standard of reasonable care is not met. Fitness professionals who are not adequately trained are more likely to fail to meet standards of reasonable competence. Case law demonstrates the importance of fitness professionals being knowledgeable and well-trained in their field of expertise to avoid legal liability arising.
A critical analysis of the divided Court of Arbitration for Sport Jurisprudence on the World Anti-Doping Code article 10.4
Mark Smith
The purpose of this article is to examine the current interpretative divide within the Court of Arbitration for Sport as to the meaning of the term ‘intent to enhance sport performance’ within article 10.4 of the World Anti-Doping Code. In particular, it assesses the case law with an aim of providing a well reasoned opinion on how it should be approached in future cases to protect both sport and athletes equally. It accepts that balancing the need to protect sport with the need to ensure flexibility and proportionality for athletes who may unintentionally break the rules is a difficult task, which must be approached in a reasonable manner.
The sanctioning process for Specified Substances in the 2015 World Anti-Doping Code – a fresh start?
Philippe Fuchs
Doping has again come into the public spotlight due to high-profile cases uncovered around the world – such as the Lance Armstrong matter in the United States or the Essendon drug scandal in Australia. In the shadow of these cases, the World Anti-Doping Agency (‘WADA’) has worked on a revision of its World Anti-Doping Code (‘Code’), which will enter into force on 1 January 2015. One area of the Code that has been significantly changed is inadvertent or unintentional doping. Under the old Code, the 2009 version, there has been some uncertainty in this respect due to conflicting (and controversial) case law. The 2015 version of the Code aims to correct this by introducing a new system for unintentional doping. This article will focus on these changes that will be introduced by the Code 2015 and will analyse how effective they are in addressing the concerns raised under the Code 2009 and the relevant case law.
