Tuesday, October 18, 2011

Women in Sports Media: We've Come A Long Way

Picture from:  womeninsports.weebly.com
The topic of women in sports has been debated over the years and though progressing slowly, gender equality in sports media has come a long way.  Earlier this year National Sportscasters and Sportswriters Association (NSSA) held its first Women in Sports Media Issues Forum discussing issues women in media dealt with in the past and are sometimes experiencing in the present.  Among the panelists were Lesley Visser (CBS Sports), Katy Brown (KATU-TV, Portland, OR), Jenni Carlson (Daily Oklahoman, Oklahoma City, OK), and Mary Jo Perino (WLEX-TV, Lexington, KY). 

As Ms. Visser explained, she has been in the sports industry for 35 years and believes that compared to the past, “we have taken great strides”.  She began as the Boston Globe’s first woman to cover the NFL.  The credentials given by the NFL specifically stated no women or children in the press box.  She described it as “already being defeated.  You have the assignment but you don’t have the right to do the job.”  Today, women receive equal access as their male counterparts and while “you have to earn respect” (Visser), it is a different era where the “new generation of players are used to girls and sports coexisting” (Perino).

While there are definitely still obstacles to overcome, it can be said that this is only because as Ms. Brown describes, “we are different… Going to practice and there are 20 reporters and you are the only woman, obviously you stand out and over time coaches and players know who you are”.  And if you can overcome the obstacle of being different, then there are often great rewards and opportunities as a result.

There is no doubt that the members on this panel have paved the way for generations of women aspiring for a career in sports media.  While issues may still exist and there will always be skeptics, women have taken great strides in gaining respect and proving their ability to be leaders in the sports industry.

Watch the full discussion at:


Sunday, October 16, 2011

Sports Unions 2011: The Year of the Lock-Outs

Picture Courtsey of Creative Unions.org

“Professional sports have always been big business. And just as in many other industries throughout history, athletes' labor unions came about as a quest for fair treatment from owners who wanted to retain as much control as possible”  (Daidone).  Since the formation of the first players’ association, the sports industry has evolved tremendously.  From the increase of media and corporate sponsorship to the unbelievable rise in players’ salaries, the question is often raised is it getting out of control?

2011 began with the question of whether the NFL Superbowl would be the last game we would see this year and is headed for an ending of uncertainty in the NBA.   The last NFL strikes were in 1987 and 1982 as players fought for revenue sharing for TV and better free agency rights.  The 2011 conflict raised issues of revenue and salaries, game schedule, rookie wage scale, and benefits for retired players.  After 127-days team owners agreed to end the 2011 lockout and approve a 10-year-deal.  The NFL was able to salvage their season with little impact on the preseason, surrounding economy, and reputation in the eyes of their fans.

The NBA, however, is facing a different challenge.  As we approach the four-month mark of the NBA lockout, they risk losing more than the preseason or regular season.  As fans grow more and more impatient with the unresolved conflict, they are becoming less forgiving especially in an economy where job loss is still a looming threat for everyone.  Were we in a booming economy, fans may be more apt to stand by the players or owners but as it stands, it is hard to be sympathetic to millionaires who on the surface don’t seem to be making the same sacrifices of the people buying tickets. 

Now, as the 2011 World Series approaches and the MLB season comes to an end, their collective bargaining agreement is on the table as well.  Although little media attention has been drawn, as of yet, it appears that the MLB wants to keep things quiet.  With no salary cap in place, the MLB has the highest payroll in professional sports and it is continuing to rise.  According to baseball commissioner, Bud Selig, “discussions on a new collective bargaining agreement have been very constructive and he sees no timetable for getting a deal done” (Associated Press).

The fact of the matter is, regardless of which sport we are looking at, the 2011 season has been a true test to fans.  They are after all, the ones paying the price as economy and jobs are threatened with the loss of games, ticket prices soar, and the rewards for fans appear to be dwindling.  While regardless of the sport there will always be the die hard football, basketball, or baseball fan, many have already begun to question when enough is enough.






Sunday, October 2, 2011

Player Likeness and Intellectual Property Rights


The Electronic Arts (EA) Company is no stranger to lawsuits filed by both college and professional athletes claiming the use of their likeness without permission.  The EA Sports label produces games such as Madden NFL, NCAA Football, and NCAA Basketball.  EA claims that their games are expressive works of art and it is within their first amendment rights to create players with similar characteristics as celebrity athletes while the opposing side argues that “When doing a venture strictly for commercial profit, that’s not the First Amendment.  That’s just taking a guy’s basic identity and using it to make a profit” (Radd).

Court rulings appear to be inconsistent in their support of EA’s argument that the use of players based on appearance and stats without use of their names is a right of free expression.  The latest lawsuit filed by Ryan Hart accusing EA of using his likeness in their NCAA Football game was dismissed in favor of EA although a previous case filed by Nebraska quarterback, Samuel Keller resulted in favor of Keller.  “A range of U.S. states have devised legislation aimed at preventing unauthorized commercial use of an individual’s name or likeness giving that person an exclusive right to license the use of the identity for commercial purposes” (Caslon).  What complicates the matter with college athletes is the fact that they sign-off on their commercial rights when permitting the NCAA to use their images to promote the organization.  The questions that may be argued are whether EA’s agreement with the NCAA resulting in promotion or profit, and is the use of their likeness defendable under intellectual property rights?  On the opposing side, does the First Amendment protect EA’s use of their identity as a matter of creative expression?

“Intellectual property is intangible property that is the result of creativity, such as patents, trademarks, and copyrights” (Williams).  One of the biggest issues facing an athlete is protecting their image.  Athletes, whether professional or amateur, should be careful in signing-off on rights for use of their image.  While the use of their likeness are protected under various intellectual property laws, such as trademarks or branding, once they sign a contract, it becomes more difficult to defend.  In the case of the NCAA and EA, it is clear that both organizations are making a profit at the expense of the athlete.  If the athletes are signing a contract with the NCAA to use images strictly for promotional purposes, the right thing would be to compensate them in some way.

The Supreme Court’s ruling in the June 2011 case, Brown, Governor or California vs. Entertainment Merchants Association, supports EA’s argument that video games are a form of creative expression.  Regardless, any sports fan who plays an EA Sports game can identify players with or without the use of their names, so at what point does the claim of creative expression become nothing more than a way to hide behind the First Amendment?  It appears at this point, the decision is still up to a divided court system to make the decision if EA’s protection under the First Amendment overrules the rights of athletes to control and protect the use of their image.