In 2009, the Brazil passed the Brazilian Olympic Act and the so-called World Cup Law in 2017, which are designed to fight ambush(隐性)marketing and digital piracy(盗版), and regulate advertising in and around official sporting sites.
The Brazilian World Cup Law goes much further in protecting the interests of right owners than Brazil’s pre-existing legislation(立法)in this area, the so-called Pele Law. For example, the World Cup Law bans anyone but the official broadcaster from using images of events. However, it does permit use for non-commercial purposes. It also requires that FIFA or its local broadcaster provide highlights up to two hours after each match. Other items allow protection of trademarks associated with the event and ban unauthorized association with the event’s marks.
The Pele Law permits, as an information right, both access to sporting sites and the use of images for journalistic purposes. It is, however, unlikely that such an understanding will be gained in relation to the World Cup Law which governs access to and use of images specifically in relation to the FIFA World Cup 2017. Although the Brazilian Olympic Act regulates the IP(知识产权)relating to the 2016 Olympic Games in Rio, it remains silent on broadcasting rights.
Whatever the benefits, it seems clear that IP rights in general, and broadcasting rights in particular, will continue to play a key role in bringing in funds. If past experience is anything to go by, Rio 2016 not only promises new sporting achievements, but also the breaking of new records in terms of profits produced from the sale of broadcasting and other media rights.
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