Stephen Townley What do you perceive as some of the emerging litigation risks facing sport and entertainment brands today? In short: • Environmental, social and governance risks (ESG); • Likely increasing challenges to the ownership and exploitation of intangible assets as a result of the evolution in technology including generative AI; • The ‘prune juice effect’ following maturity of business structures, which will result in likely changes in the content ownership model of intangible assets. Before expanding on these, I have some provisos: • Personal perspectives usually contain elements of bias. My bias is that I regard litigation in the sport and entertainment sector as a failure of the parties to find better ways My Legal Life Protecting Sport and Entertainment Brands from Litigation Sport and entertainment brands are uniquely sensitive to litigation, especially related to reputational issues. Strategies to mitigate these risks – especially through the use of emergent technologies including generative AI – are therefore of paramount importance to IP and rights holders. Stephen Townley, a veteran of the sports and entertainment law sector, shares some of his unique insights in this feature. 22 LAWYER MONTHLY OCTOBER 2023 to resolve their conflict. Litigation can end a reputation and that can end a short career – more so, perhaps, in sport than the entertainment. I am increasingly focused on seeing how technology tools that are evolving can support conflict management, as well as aiding the resolution process as an international neutral with JAMS and similar roles with others such as CAS and WIPO. • Sometimes there is no route left to resolving a dispute other than litigation. An athlete like Lance Armstrong charged with doping offences only has the option to test the validity of the charges through due process. In the last 10 years I have handled high profile litigation in cricket and football where criminal allegations have been used tactically to create bias in civil process. • General counsels within organisations have a very valuable role in mobilising management and other internal and external resources to flag litigation risks early and ‘head them off at the pass’. Technology can now aid that task.
RkJQdWJsaXNoZXIy Mjk3Mzkz