The season fixture list as a protected copyright – Will liberalisation flush licence fees into the professional leagues’ pockets?

By Yasmin Farhumand, German Lawyer at Hambach & Hambach Law Firm
It is generally known that the sports betting market will be opened at the beginning of 2012. The only issue which is still being discussed is how this is going to take place. In the meantime, the German football league (DFL) does not want to leave its fate in the hands of the 15 states and the draft submitted by them (E 15 draft). If the DFL has its way, the Bundesliga fixtures will, from January 2012 onwards, no longer be available for everybody for commercial utilisation, but only for those who pay a licence fee to the DFL. By doing so, the DFL intends to prevent the sports betting providers from using the Bundesliga fixture list free of charge as a basis for their bets. The DFL is of the opinion that the fixture list is subject to copyright protection. Others hold the same view: The national basketball and handball leagues have now followed suit and are claiming their share of the profits from sports betting.
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