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ARTICLE · 24 NOVEMBER 2015

Can Copyright Be Claimed By Athletes In Their Sporting Performances?

GVZH Advocates
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One may question whether athletes would be able to claim copyright on their performance. It is well known that artists are able to do so and in fact do claim copyright on their work, such as song writing.

MaltaIntellectual Property

One may question whether athletes would be able to claim copyright on their performance. It is well known that artists are able to do so and in fact do claim copyright on their work, such as song writing.

The answer as to whether athletes can claim copyright would affect not only the athlete directly, and their teams but also the entities that usually lay exclusive claim to the rights to exploit the event, such as sponsors and broadcasters.

The most important point which need addressing is whether athletes are, in the context of their sporting event, preforming or producing a qualifying "work" in relation of copyright legislation. If the answer is in the positive then they would have a claim over the exclusive rights to control the distribution of their work.

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