Original scientific paper
https://doi.org/10.31141/zrpfs.2021.58.139.1
Some aspects of legal regulation of sports marketing
Tone Jagodic
; Advisor to the President, European Olympic Committee
Zlatko Mateša
; President of the Croatian Olympic Committee
Abstract
There are different marketing activities generating money for sport subjects depending on their properties which are offered for commercial exploitation. Marketing consists of different tools and ways how to generate money for sport such as selling of broadcasting (TV) and media rights, sponsorship, merchandising, licensing, ticketing, charities, donations, patronages. From the legal point of view, it is interesting to explore how different marketing tools are regulated.
Certain parts of marketing matters are covered by legal rules. In 2011 Commission on Marketing and Advertising of the International Chamber of Commerce (ICC) issued the latest version of the ICC International Advertising and Marketing Communication Code. The document applies to different forms of sponsorship relating to corporate image, brands, products, activities or events of any kind. It includes sponsorship by both commercial and non-commercial organizations. The basic connection represents association between sports property and sponsor brand as a tool how to transfer image of the sport to the sponsor. The nature of the Code implies good governance in the field of sponsorship. Special attention deserves the principle of respecting the sponsorship property. The Code represents a useful opportunity for companies, business, associations, courts of law, public authorities, self regulatory bodies on national and international level and other institutions which are supposed to solve disputes in sponsorship cases.
European Union law together with national legislation of EU members have set up rules for advertising sector of TV broadcast. Television without Frontiers Broadcasting Directive consists with the detailed time and other limitations for different situations. As EU directive does not regulate visual coverage of sponsor logos and other insignia visible during sport competition on TV that means that sponsors and other subjects do not need to respect rules of the directive.
In the absence of formal legislation on national and international level the ICC Code represent a very useful tool to handle sponsorship agreements and possible disputes which could arise from them. The Code is designed primarily as an instrument for self-discipline. On the other hand it is also intended for use as an interpretative aid for the parties in the clarification of uncertainties arising under the sponsorship, as well as a reference for courts or arbitrators in sponsorship disputes.
Keywords
marketing; marketing rules; ICC Code; eu law
Hrčak ID:
252028
URI
Publication date:
9.2.2021.
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