Book Review: Ian S Blackshaw Sports Marketing Agreements: Legal, Fiscal and Practical Aspects (2012) TMC Asser Press

In all walks of life, one comes across certain brands that seem to stand a step above the rest. These brands are generally well known for the uncompromising quality of the products. They also have a reputation for innovation and often come up with products that we never even knew we needed – until we bought them. In the realm of sports law, one such brand is Prof Ian Blackshaw. Whenever a new publication bears the name Blackshaw, one inevitably has an expectation that it represents work of the highest quality. Prof Blackshaw has an ability to analyse the needs of sports lawyers and identify gaps that many others simply do not see. In the process, he produces volumes of work that become indispensible additions to the library of any sports lawyer. And so it was with great expectation that I received a copy of his latest work, Sports Marketing Agreements: Legal, Fiscal and Practical Aspects. I was not disappointed. This latest addition to his long list of publications, continues the fine tradition of thorough research, clear explanation and attention to detail.

Whenever one addresses a topic of this nature, there is a fine line between becoming so academic and philosophical that the work looses much of its practical impact, and making it so practical that it ends up being no more than a compilation of forms and precedents. Prof Blackshaw manages to avoid both these pitfalls and in the process produced a work which would be a useful source of reference for academics and practitioners alike.

The work follows a logical sequence and, after the usual brief introduction, begins with a chapter on negotiating, drafting and interpreting sports marketing agreements. These vital aspects, which are often overlooked in text books dealing with particular kinds of contracts, are of seminal importance. As he mentions (p 5) Nothing should be omitted or included [in a sports marketing agreement] at random. It clearly signals that Prof Blackshaw did not merely reproduce a collection of forms and precedents to be slavishly followed, but rather intended readers to think for themselves and apply their minds when they are faced with matters relating to sports marketing agreements. He provides valuable guidelines to successful negotiation which would be appropriate in any other context. The Best Practice Negotiation Skills and Fifteen Rules Every Negotiator Should Know contained in the appendices to Chapter 2, are invaluable resources that should be reproduced in every other textbook dealing with the law of contract or any specific contracts. 

The book contains chapters in which Prof Blackshaw discusses the various kinds of sports marketing agreements, ranging from event management and sponsorship to image rights and broadcasting rights. The work even contains a chapter on so-called new media rights relating to the use of the Internet and other digital media. Each chapter contains a section in which the nature and scope of the particular kind of agreement is explained and important issues are highlighted. The chapters then conclude with appendices that contain some handy examples of the contracts concerned.

The work also contains chapters that deal with important ancillary matters, such as intellectual property rights, confidentiality, alternative dispute resolution and boilerplate terms. In following the style of the book, each chapter explains the relevant matter and highlights the important issues, with appendices providing invaluable examples of appropriate contractual terms.

Prof Blackshaw further included chapters which provide some invaluable insights into the tax implications of sports marketing agreements and the impact of EU regulation on sports marketing agreements.

This work is a treasure trove of information on sports marketing agreements and provides valuable insights into the intricacies involved. It is a resource which no sports lawyer, sport manager or sports marketer can afford to be without and one which any commercial lawyer would be well advised to have.

Prof Blackshaw must be congratulated on yet another excellent contribution to the literature on sports law.