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World Cup 2010 - Public Viewing
The Fifa’s regulation for Public Viewing Events
The following overview outlines the legal specifics regarding Fifa’s licensing of commercial and non-commercial public viewing events during the soccer World Cup in South Africa.
For Fifa’s policies regarding Public Viewing Events see also:
http://de.fifa.com/worldcup/organisation/publicviewing/index.html
A “Public Viewing Event” is considered to be the staging of a public exhibition of a World-Cup-match in any location other than a private place, i.e. locations as cinemas, theatres, restaurants, offices, public parks, etc.
The Fifa distinguishes between commercial and non-commercial public viewing events.
The public exhibition of a Wold-Cup-match is considered to be commercial, if any direct or indirect admission fee is charged, or if sponsorship and partnership involvement is taking place at the event or if the promoter aims for commercial benefits from the event.
Nevertheless, every promoter of a public viewing event of a World-Cup-match, be it commercial or non-commercial, according to the Fifa policies, has to apply for a public viewing licence:
- The licence for a non-commercial Public Viewing Event is obtainable free of charge.
- The fee for a Commercial Public Viewing Licence is calculated in accordance with the spectator capacity of the location(s) where the event(s) is staged. This fee is also due, if a Commercial Public Viewing Event is staged for charity purposes, e.g.
Furthermore, no promoter of Public Viewing Events shall create the impression that he could be in any way officially associated with the Fifa as a sponsor, and no public viewing organiser has the right to grant any sponsorship rights to a third party.
Please note that under national legal guidelines there are privileges for non-commercial events. E.g., the German Copy Right Law provides that if you publicly broadcast a football event etc. and you obtain commercial benefits (entrance fees, charges, etc.) you may only do so if you are granted a license by the holder of a right - who according to German law has the exclusive right to grant licenses. However, if you publicly display an event non-commercially, i.e. without commercial benefits, according to German law you need not acquire any kind of license.
Wolfgang A. Schmid, Attorney at law, KPWT Rau & Kollegen, Munich
w.schmid@kpwt-a.de
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