Securing Necessary Copyright
and Trademark Rights for Broadcasts and Promotions Related to Super Bowl XLV
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Super Bowl XLV will be held
on February 6, 2011 at Cowboys Stadium in Arlington, Texas. The
National Football League (“NFL”) diligently protects its copyright and
trademark rights associated with the Super Bowl. If your station plans to
conduct Super Bowl-related promotions or contests, you should make sure to
obtain all necessary licenses, and otherwise not infringe the NFL’s
rights. Please note that even if your station has obtained rights to
broadcast the Super Bowl, it may not have secured other advertising or
promotional rights that would allow you to use the Super Bowl name, logo or
other trademarks in station-produced promotions or contests. We
therefore urge you to review any such agreements you may have to ensure that you
understand the full scope of the rights they grant. Use of NFL Trademarks The NFL
controls all marketing rights to the Super Bowl and its associated
trademarks. The unlicensed use of the NFL’s trademarks for the sale or
promotion of any products, services or contests is unlawful, and the use of a
disclaimer, such as “not an official sponsor of the Super Bowl,” will not
provide adequate protection from an infringement claim. Use of NFL Terminology in
Marketing Without
express written permission from the NFL and/or the teams involved, you may not
use the following, or related protected words or logos, in marketing or
promotions, whether on-air, in print, on your station’s website, or otherwise: Ø “Super Bowl” Ø “Super Sunday” Ø The Super Bowl logo Ø “NFL,” “AFC,” or “NFC” Ø “National Football League” Ø “American Football Conference” Ø “National Football Conference” Ø Any team name
(e.g., “Jets” or “Packers”) or nickname You
may, however, say or print: Ø “The Big Game in Texas” Ø “The
Professional Football Championship Game in Arlington” Ø The date of the game (e.g., “The February 6th
Game”) Ø The names of
the cities of the competing teams in the Super Bowl (e.g., Pittsburgh vs.
Green Bay), but not the team names Ø You can make
fun of the fact that you cannot say the phrase “Super Bowl” (e.g., by beeping
it out) Advertisements
Produced By Third Parties Before
accepting pre-produced Super Bowl-related advertisements from a third party,
your station should make a reasonable inquiry to determine that the
advertiser has the necessary contractual rights to use NFL copyrights and
trademarks. You should exercise even greater caution in determining
whether a local advertiser has secured rights to use NFL copyrights
and trademarks. The
NFL’s copyrights and trademarks, including Super Bowl-related marks, are
usually licensed separately for different categories of products and
services. For example, the NFL might grant a license to one particular
brewing company to be the “official” Super Bowl beer sponsor, to one
particular automobile manufacturer to be the “official” Super Bowl automobile
sponsor, and so forth. Such sponsors are traditionally large
corporations or entities that can afford to pay the high licensing fees
associated with “official” Super Bowl sponsorship. Ticket Giveaways The NFL
and its authorized agents and licensees are the only legal sources for the
distribution of Super Bowl tickets. Your station should not conduct a
promotion giving away tickets to the Super Bowl, even if your station validly
purchased the tickets. The only exception is if your station conducts a
promotion with an official sponsor that has written permission from the NFL
to conduct such a promotion. You should confirm that the sponsor is
permitted by the NFL to give away tickets. News Reporting and
Use of Highlights Unless
your station has obtained official press credentials, you may not report on
the Super Bowl from the venue while the event is ongoing. When the
event has concluded, however, you may report the “news” of the event, such as
the winner and score of the game. Before
broadcasting highlights of the game or the half-time show, or posting clips
or images on a website, your station needs to obtain consent from the NFL and
any local rights holders. Although the First Amendment may allow the
media to report to some extent news about an athletic event, it may not
protect your station if it broadcasts or posts footage or accounts of the
game in violation of licensed rights, especially prior to the game’s
conclusion. * * * If you
have any questions regarding the legality of broadcasts or marketing
promotions relating to the Super Bowl, please contact your primary attorney
in our office. January 20, 2011 |
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This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice. We would be pleased to provide additional details or advice about specific situations if desired. Copyright © 2011, Lerman Senter PLLC 2000 K Street NW,
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