Broadcasting of sports events
Broadcasting rights is the term for the right of a sports organizer to the picture or music feature a sporting event.
Definition
In the literature, the terms " broadcasting rights ", " Radio Rights", " marketing rights " and " recording rights " is used in public ( but also in the literature ) is also often the shortened term " broadcasting rights " are used.
Economically these rights play an important role, as they are sold for large sums of money to TV broadcasters. Despite this growing economic importance, many related legal issues are only resolved to some extent, so the theme is very much in flux.
Legal situation in Germany
In German law (unlike in Brazil and France), there is no stand-alone ( ie law specifically defined ) television rights to sporting events. This is also the reason that there is no fixed legal term for this right (see the references cited below title ). It may therefore happen that, etc. meant by " broadcasting rights " in the individual case something else, such as the rights to broadcast a non-sports event.
The fact that the organizers always has protection from television recordings by unauthorized persons, the Federal Constitutional Court ( Bundesverfassungsgericht ) decided, with the argument that if the organizer would have no protection, he would be in his profession freedom (Art. 12 Basic Law ) limited. Of this, that such a right exists, and legislators went out ( against Restraints of Competition Act) in § 31 GWB. This ( under pressure from the sports lobby that have been made, controversial ) § 31 GWB said as an exception to the general prohibition of cartels but only that a central marketing of broadcasting rights by a sports federation (eg, DFB, UEFA ) does not violate the prohibition to determine what exactly constitutes rights are held, the legislature of jurisprudence has left. § 31 GWB came with the 7th Amendment 1 July 2005 except force.
The civil legal basis of this protection is by matching view of the legal literature is that the organizer may in any case called for " broadcasting rights " that the sale of the recording of such an event by someone who has not contributed to the success of this event, a breach of fair competition is. Such a violation is prohibited by the Act against Unfair Competition ( UWG). How much protection is enough and who exactly in what proportion "organizer" is exactly ( the clubs, the league, the winner of the immediate financial risk), but is still in the legal discussion.
In addition, the operator can proceed by relying on his house right against television recordings of sporting events, when at the house this law has been violated, so the Hosting has entered the property of the organizer. The Federal Court decided in 2005 that this is also for radio reporter ( "Radio Rights") shall, against this decision, the Federal Constitutional Court was called.