Desporto e propriedade intelectual: parte 1: direitos de transmissão televisiva

Translated title of the contribution: Sports and intellectual property: part 1: broadcasting rights

Research output: Contribution to journalArticle


This article deals with broadcasting rights, addressing its relationship with Intellectual Property and its regulation. It concluded that there are no copyrights or related rights on sports events and most athletes are not qualified as performing artists. Broadcasting rights correspond only to a right to authorize filming in an arena. The marketing of these rights poses several competition law challenges. Although the centralized model may have several advantages, it also represents a danger by reducing competition. Until now, a decentralized model has been in force in Portugal, but in 2021 DL 22-B/2021 was approved, which aims to impose centralized negotiation for the broadcasting rights of the I and II male professional football league as from the 2027/2028 season. Since this law represents a restriction to similar rights and guarantees, its unconstitutionality may be raised. Television broadcasting rights are also regulated in the perspective of guaranteeing access to the most relevant events and freedom of information. In this domain, the European legislation and its transposition in Portugal manage to achieve a fair balance of the interests at stake.
Translated title of the contributionSports and intellectual property: part 1: broadcasting rights
Original languagePortuguese
Article number15
Pages (from-to)8-22
JournalRevista de Direito do Desporto
Issue number14
Publication statusPublished - 2023


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