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Amateur and Professional Sport : An Analysis of U.S. Laws

By Nandan Kamath Introduction The sports industry has seen some significant developments in the recent past, the most crucial among them being the advent of professionalism and the steady and gradual decline of amateurism. Although it will be incorrect to say that amateur athletes receive little or...

Internet Broadcast Rights face the ‘Cloud’ of Uncertainty.

By Roshan Gopalakrishna Case Review: Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34 Introduction Justice Steven Rares of the Federal Court of Australia in Sydney has held that Singtel Optus Pty Ltd’s (Optus) TV Now service, which enabled subscribers to...

Sting Operations and Entrapment in Sport

By Vidya Narayanswamy Introduction Match-fixing and spot-fixing are seen as some of modern cricket’s greatest challenges, as they undermine public confidence in the authenticity and integrity of the game. Although suspected to have existed since the 1990s, law-enforcement authorities and cricket boards woke up to the challenge...

Doping in Professional Cycling: Legends of the Fall or the Fall of Legends?

By Roshan Gopalakrishna "I sometimes used to sit on my bike, weeping with the pain." - Eddy Merckx, former Belgian professional cyclist. 3.1 CAS 2011/A/2384 UCI v. Alberto Contador Velasco and RFEC; CAS 2011/A/2386 WADA v. Alberto Contador Velasco and RFEC. Introduction On February 6, 2012 the Court of...

The Royal & Ancient Golf Club of St. Andrew’s Rules on Amateur Status 2012-15

By Fatema Merchant Introduction The shift of balance in favour of professionalism initiated and propelled by globalization gradually induced many countries to derecognize amateurism on account of the diminishing interest and participation in amateur sports. The US and UK are among the handful of nations which still...

Amateur Sport: Lessons from the U.S.

By Vidya Narayanaswamy Introduction Amateur sport, by definition, involves participation for the joy of sport, without any monetary compensation. The ideal of amateurism in sport was intensely protected in the 19th century mostly by the elite sections of society who feared that professionalizing sport would weaken their...

Online Ticket Exchanges – RFU does the Double

Case review: Rugby Football Union v Viagogo Ltd. ([2011] EWCA Civ 1585), ([2011] EWHC 764(QB)) Introduction On December 20, 2011 the Court of Appeal directed Viagogo Ltd., (“Viagogo”) an online ticket exchange to furnish details such as the names and addresses of persons who advertised and sold...

A Legal Analysis of Ticket Scalping – Learning Module

Introduction Legally speaking, a ‘ticket’ is a certificate granting the person to whom it is issued, or the holder, a specified right or privilege. While the ticket itself is worthless, it is the right of entry associated with it that makes it valuable. Like other consumer...

Online Piracy, SOPA and PIPA – Implications for Global Sports Rights Owners

By Nanda Chalam As millions of American internet users sign petitions, write letters to their representatives, and even download ring tones to express their opposition to the Stop Online Piracy Act (“SOPA”) and its Senate counterpart the Protect IP Act (“PIPA”), the sponsors of these bills do have one...

What’s in a name? Understanding Stadium Naming Rights

By Nandan Kamath Introduction The days of naming a stadium after a public figure or based on its location are long past. As companies and firms realise the value of being associated with sporting events, the sponsorship of sport has grown into a multi-billion dollar business across...

Copyright in Football Fixture Lists – A Game of Two Halves

Case review: C-604/10 Football Dataco Ltd and others v. Yahoo! UK Limited and others Introduction On December 15, 2011, Advocate-General Mengozzi submitted his opinion regarding a reference to the Court of Justice of the European Union (‘ECJ’) from the Court of Appeal of the United Kingdom. The...

Sports Law in India: 2011, The Year Gone By, The Year Ahead

By Nandan Kamath Introduction 2011 has been an eventful year in sports law, both internationally and in India, and 2012 promises to be no different. With an evolving sports industry and the growing commercial and spectator interest in international sports events, this rather young body of law...

Collective Bargaining in American Sport

By Nandan Kamath Introduction Collective Bargaining is a mechanism involving discussions and negotiations between one or more employers and the representatives of the group of employees, with a view to determine mutually agreed upon terms and conditions of employment and other affiliated matters. Although collective bargaining has...

The NBA Lockout

By Nandan Kamath Introduction On the 137th day of the National Basketball Association (NBA) labour lockout, the players finally decided to dissolve the National Basketball Player’s Association (NBPA), after attempts to carve an amicable Collective Bargaining Agreement (CBA) to between the franchise owners and the NBPA proved...

Government Regulation of Sport

By Roshan Gopalakrishna Introduction Last month, the Ministry of Youth Affairs and Sports (MYAS) released the revised National Sports (Development) Bill, 2011 (Bill). As compared to its previous form (reviewed previously "A Review of the Draft National Sports (Development) Bill, 2011"), the Bill sees 14 changes, the most...

Freedom of Movement for Athletes

By Nandan Kamath Introduction Right to free movement, including free movement of workers, is one of the most important rights guaranteed by the European Union (‘EU’). Every citizen of the EU has a right to move and reside freely in the territory of the member states and...

Interview with Lovely Dasgupta, Asst. Prof. (Law), WBNUJS

Ms. Dasgupta, could you tell us about your journey leading into your current academic position? My LL.M. experience at WBNUJS inspired me to take up academics as my full time profession and vocation. The idea of teaching and researching got ingrained in me. Though I did...

Sentence Construction – Recent case on doping bans

By Roshan Gopalakrishna Case review: United States Olympic Committee v. International Olympic Committee (CAS 2011/O/2422) Introduction On October 6 2011, the Court of Arbitration for Sport (‘CAS’) held that the International Olympic Committee (‘IOC’) rule prohibiting athletes suspended for more than six months for doping related violations from participating...

The ‘club versus country’ debate in football and cricket

By Nandan Kamath Introduction ‘Club versus country’ has been a subject of intense debate for many years in football. Now with the advent of domestic cricket events, especially in the form of domestic Twenty20 tournaments inviting foreign participation, the debate has recently entered the cricketing arena. A...

Player Bans in Sport

By Vidya Narayanaswamy Introduction A player ban is a form of sanction imposed on a player for breaching sporting rules or regulations or any other general code of conduct or ethics applicable to the player. The length of the ban varies based on the seriousness of the...