- A sports name – such as Surf Life Saving Australia
- Sports teams – such as Sydney Swans
- Events - such as the Australian Open
Their logos, colours and emblems hold commercial value and are essential components of branding and merchandising programs.
In order to develop, protect and exploit your club’s assets, it’s important to understand the basic concepts of intellectual property. Intellectual property rights exist in:
Trademarks can be a word, phrase, letter, number, sound, smell, shape, logo or picture used to distinguish your goods or services from others. Clubs and associations can register trademarks in:
- Event or club names
- Shapes, images and other distinctive elements.
A registered trademark grants exclusive rights to use, licence or sell the goods and services for which it is registered within Australia.
Copyright exists in an original literary work and happens automatically when the work is created. Unless it’s been commissioned, the creator owns the copyright until they assign or license their rights to another individual or company. Copyright can be used to protect:
- Recorded visual images or commentaries – sports events
- Photographs - events, teams, athletes
- Rule books, reports and other materials used to administer and promote the sport
- Published results
- Computer programs.
A copyright notice doesn’t need to be on something before it’s protected by copyright, but it does serve to notify people that the work may be protected and identifies the person claiming the rights. Owners of copyright can put the notice on their work themselves. The notice usually consists of the symbol © followed by the name of the copyright owner and the year of first publication. For example: © NSW Sport and Recreation, 2015.
When a person infringes copyright by using a work without the licence or authority to do so. For example, your club publishes a photo in the newsletter without seeking permission from the owner or copyright holder.
Registration of a design protects the visual appearance of the product, not how it works. To be registrable, a design must be new or original. Examples include merchandise, bicycles, football boots or cricket bats.
Legal issues and grassroots sport - a collection of sport and the law articles by Play by the Rules.