The entertainment industry, which includes mediums like music, film, and television, but also extends to professional sports, revolves heavily around the protections afforded through intellectual property law. Legal tools such as patents, trademarks, and copyrights can be used to safeguard the rights of athletes to ensure creative works, brand, publicity rights, and persona retain value and are not copied or distributed without permission.
Without the proper IP protections in place, athletes may risk losing control over vital assets that could impact their professional, personal, and financial future. One of our Miami sports lawyers could help draft and review endorsement and sponsorship contracts while negotiating favorable residuals, bonuses, and royalties. Our respected entertainment law attorneys may also help with name, image, and likeness (NIL) deals to ensure that no person or company can exploit your brand for personal gain.
As an athlete, building a personal brand is an essential aspect of launching and maintaining a career. Both federal and state laws exist to protect the right of publicity for those in the entertainment industry, including individuals who work in professional sports. The right of publicity is the legal right they possess to determine how their identity is used for any commercial reason, including their name, image, and likeness.
Because of changes enacted in the sports industry and by the National Collegiate Athletics Association (NCAA), student athletes are now afforded greater protections over their NIL, as well as opportunities to earn income from these uniquely identifying traits. There are multiple ways that athletes can earn money from their image, including in ads on social media ads, print, and television. Appearance fees and autograph signings can also be part of this strategy.
An athlete who wishes to monetize their personal brand is advised to consult with a Miami sports lawyer for further information. An attorney can confirm if this decision complies with NCAA regulations with maximizing income opportunity.
An attorney could interact with school compliance officers and represent athletes in Miami facing enforcement actions spearheaded by the NCAA alleging noncompliance, in addition to assistance with contract drafting, review, and negotiation with prospective business partners.
In addition to helping athletes negotiate name, image, and likeness deals with brands and advertisers, a Miami attorney assists individuals across the sports industry with various legal challenges. Whether they are an athlete, entertainer, venue, or other public persona in the sports industry, securing intellectual property rights is a core aspect of growing a personal brand.
Intellectual property rights are a core element of sports broadcasting because they secure the rights of content providers, industry stakeholders, and other related organizations. For example, broadcasters usually control the copyrights to their original broadcasts. These rights must be registered and enforced, which allows broadcasters to take legal action against piracy or any other unauthorized use of their content.
Transactions involving athletes, sponsors, advertisers, and broadcasters typically require detailed, extensive contracts. These often pertain to sponsorship deals, licensing agreements, endorsements, and broadcasting rights agreements.
It is important to work with an attorney in Miami who not only has extensive experience in these wide-ranging sports contracts, but also in litigating publicly rights, intellectual property disputes, or handling breach of contract disputes. An attorney could also advise athletes regarding collective bargaining agreements to establish injury protections, salaries, and other essential rights.
Seeking legal counsel from a Miami sports lawyer at the earliest opportunity can help you avoid undue hurdles that may threaten your publicity rights, trademarks, copyrights, and other elements key to maximizing the commercial value of your personal brand. Our legal professionals are meticulous in confirming you do not leave money or rights on the table.
Do not hesitate to contact our office today to schedule your personalized case consultation with a dedicated sports attorney. There are many contracts and agreements involved in this industry that you must confirm are written with your best interests in mind.
