Data rights

We are living in a world where 'sports data' has become a valuable revenue stream for sports. With advancements in technology, the amount and type of data that can be collected, and the uses for and value of that data have increased enormously. Throughout the digital revolution, and as data has evolved, we have advised sports event and competition organisers, data collection and distribution businesses, and the end users of that data across many sports globally, including horse racing, football and tennis, on all aspects of the data rights cycle.

We assist our clients in achieving the following key aims and objectives, among others:

• structuring rights vehicles to maximise database rights protection;
• helping prevent unauthorised leakage of data from the source by drafting the terms under which spectators, participants, media and contractors can attend the events;
• creating secure and commercially advantageous value chains by drafting and negotiating agreements for the collection and packaging of data, and for the exploitation of data on an international basis, including wagering rights agreements; and
• protecting the value of official data by taking action against infringers.

Case studies

Arena Racing: Our lawyers advised this client on the creation of the data and media rights vehicle The Racing Partnership. Their work included assisting with the formation of the vehicle itself, drafting all agreements for the licensing in of rights from the different shareholder racecourses, drafting all terms of entry to the racecourses for spectators, hospitality guests, on-course bookmakers and contractors, which ultimately led to the establishment of a ground-breaking right of confidentiality in sports data in the High Court. They also assisted on drafting and negotiating the contract appointing the official data provider, and drafting licences for the exploitation of the data and media rights for licensed betting offices, and for online betting sites, on an international basis.

The Stronach Group: Our lawyers have acted for the Stronach Group in multiple jurisdictions on its international wagering rights business for North American horse racing and greyhound racing. The work includes advising on data creation, databasing and distribution, distribution of audio-visual content and wagering rights agreements with multiple online and physical retail bookmakers in jurisdictions around the world.

Perform Group (now known as Dazn): We advised this client in relation to a number of content agreements in relation to sports data with customers across the Middle East as well as globally.

Key Contacts

Andy Danson, Robert Turner