In the arena of professional and amateur sports such as in basketball, tennis, badminton, weightlifting, blliards, swimming, baseball, football, gymnastics, golf, track and field, and other famous sports in the world, it is not just about playing. There are a lot of things that should be considered when you talk about sports. Famous professional athletes, for example, are not just plain players. They are the face of sports. They are the icon of their chosen field.
On the other hand, there are a lot of legalities that should be kept in mind. This is what is called “Sports Law.” So if you are an amateur or professional sports player, then you should take note of the things that you need to know in this playing field.
1. AMATEUR SPORTS LAW
This sports law is really specialized for the snowballing significant concern in college sports law, the gender equity that tackles about the rights of women to perform or play the sport that they desire. It is an anti-discrimination law towards the sex and gender of whoever is qualified regardless of their gender or gender preference.
This act is a lengthy series of bylaws that was passed in 1972 that protects athlete players from federally funded institutions that might discriminate them on the basis of sex and gender.
Moreover, this law also encompasses the areas of amateur eligibility, recruiting, championship events, ethical conduct, financial aid, academic standards, and along with gender equity. If this law has been proven to be violated, an enforcement power has the right to acquaint the person or institution reliable with a series of punishments that may lead to the worst case scenario — to a death penalty.
On the other hand, the coaches are also held accountable under a contractual agreement. If any of these agreements are violated in any possible way, the NCAA has the right to hold the person involved who is under the contract to become liable and take note; this is punishable by the law.
2. LABOR ISSUES IN SPORTS
Labor issues may just sound like it is exclusive for workers or for proletarians. However, there are also related labor issues in terms of professional sports. Professional athletes are also considered as workers. Their direct employer is the one who owns their sports or their team. One good example of this is for national basketball or football teams. The famous athlete that you probably idolize is an example of a sports worker.
The National Labor Relations Board legitimized the right of the players to form and organize their own player’s union or association. Creating a Collective Bargaining Agreement (CBA) with their employers or sport’s owner is for the safety and protection of the professional athletes for their rights as workers. In 1967, this legislation was legitimized by the National Labor Relations Board.
Issues of the labor law of professional athletes include the concerns on labor wages, the number of hours in working, and working conditions. This is the reason behind why creating a Collective Bargaining Agreement (CBA) is important for professional athletes. It is even mandated under the federal labor law as well.
Based on historical materialism, some of the issues on labor law in sports became controversial and intriguing because of issues regarding minimum salary, matters on free agency, their squad size, grounds for termination, suspension, draft and or salary cap.
3. ANTI TRUST ISSUES IN SPORTS
Most of the United States (US) professional players under an association or a union under CBA contracts are the one involved in this anti-trust issue in sports. This law is mainly about preventing professional players by the management from leaving their original teams and transferring to another team most especially to an opponent’s team. However, in the CBA of the player’s association or union, the anti-trust scrutiny is an exception in the agreement.
4. TORT LAW ISSUES
Tort law can be defined as an act or bylaw that protects the plaintiff or someone who suffers from the tortious act caused by the one who is held accountable for the violation or someone called as tortfeasor or the defendant.
Tort Law is functional when there is a case where a certain player is accused as the tortfeasor for the negligence of safety causing injury to another player. However, there are times when the tort law is hard to apply to sports with a high probability of contact or most commonly known as contact sports. Contact sports are sports where high violence is already expected. With this, there is already an expected assumption of risk. The good examples of these are the physical violence in boxing and or wrestling. Contrasting to this, a tort law is easier to prove when the games are expected with less or no violence at all. The good examples of these are ball games such as basketball and baseball.
Sports Tort Law also covers the jurisdiction of medical doctors. Team doctors can be sued or filed against with if proven guilty of medical malpractice such as giving the professional sports athletes some clean health bill just so that the athlete can continue to perform even without the capacity to play yet.
On the other hand, sports’ Tort Law is also applicable when a player intends to harm a co-player, a spectator, or a coach. An intentional tort case can proceed into a higher degree level of battery and assault.
Meanwhile, the law of defamation is a bylaw which protects a person or a professional athlete’s reputation or dignity. Publishing or spreading false news about famous and well-known professional athletes or players through different platforms such as through the internet, cable, and or instant messaging can be actionable if it aims to be reckless in causing actual malice. This is still covered and dynamic to the Sports’ Tort Law.
Another act or by law that is related to this law is the right of publicity. With this kind of right, a public figure such as sports icons or professional athletes can give permission that their names or image may be used for commercials, tradenames, copyrights, domain names, and or trademarks.
There are a lot of different kinds of sports law in the world. It varies according to the law in your country. If you are in need of a good and high quality performing lawyer to help you with the different problems or cases regarding sports law, then contact the best firm near you. Do not let such problem on these matters be just taken for granted. These things are huge and prominent factors that can affect players or athletes whether they are professional or even amateur.