SPORTING LAW LEGAL SOLUTIONS

Our sporting law industry lawyers help sporting goods companies and professionals negotiate contracts and secure trademark licenses.

SPORTS & ENTERTAINMENT LAW

What Is Sports Law? 


Sports law is the collection of the many different types of law that impact the sports industry. For instance, Sports law might involve issues related to the sale of sporting goods, motorsports, or a contract between a professional sporting team and an athlete both at the professional, collegiate, and armature sporting level, as applicable. The law of sports may also involves other laws that one might not ordinarily associate with the sporting industry, such as real estate law, contract law, trademark law, patent law, and criminal law.  Sports law can also involve buying a sports team, engineering and building a stadium, protecting the intellectual property rights of an athlete or sports team. Wilson Legal Group has the extensive legal and business experience to meet your sport law needs.


Common Legal Issues With Sports Law


 

  • Ownership and registration of intellectual property;

 

  • Trademark protection;

 

  • Copyright protection;

 

  • Name and likeness protection;

 

  • Distribution and resell agreements;

 

  • Monetization of IP rights;

 

  • Development and financing sports franchises and sports venues;

 

  • Sporting agreements; and

 

  • Contract negotiations.

 


Common Legal Solutions For Sports Law


 

  • Sports facility development and financing;

 

  • Licensing, sponsorship, marketing, memorabilia, and merchandising protection

 

  • Trademark counseling and litigation;

 

  • Licensing and technology transactions; 

 

  • Establishing and protecting intellectual property rights;

 

  • Executive compensation and employee benefits; and

 

  • Defense from personal injury claims.

 


Our professional team of sports law lawyers specializes in contract drafting and contract negotiations, as well as spotting business-related legal issues for the client's benefit. Our Dallas sport law lawyers help draft enforceable agreements for player representation, trademark licenses, and other IP protection. 


Entertainment Law Attorney


We provide hands-on experience representing sports and entertainment law clients, including an expert understanding of  intellectual property and the sports and entertainment industry. Our Dallas entertainment law attorneys represent clients throughout the United States, state, and local courts, including the U.S. District Court's for the Eastern District of Texas, the Northern District of Texas, and the Western District of Texas Texas. 



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Additional Industry Focus 

Trademarks For Athletes


Professional sports teams and athletes depend on their trade names and trademarks to generate revenue for their hard-earned work. A Trademark is the brand recognition and goodwill associated with the efforts of a sporting team and athlete. That goodwill is turned in merchandise which is an important source of income. Our Dallas Sports Attorneys can assist athletes and companies in enforcing trademark rights.


What Is A Sports Lawyer?


A Sports Lawyer is an attorney who practices sports law with an understanding of intellectual property, business negotiation, and contract drafting with athletes and sporting teams. Often, sports lawyers themselves are prior athletes that went to law school to assist other athletes in protecting their hard-earned brand. A sports litigation practice will include comprehensive legal services for clients involved in all aspects of college and amateur athletics.


Our Attorneys Provide Experienced Sports Law Guidance


Our Dallas sports law attorneys are experienced in advising clients in brand development and brand protection. We advise clients on litigation issues, patent filings, trademark filings, and copyright filings, including many other business, licensing and personal matters. If you need assistance with internet law, copyright law, trademark law, patent law, business counseling, or  intellectual property enforcement; our experienced sports law attorneys and counselors at law can assist you. For a complete list of services, see list below:

 

CLIENT MATTERS


5,000+


YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

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By John Wilson February 19, 2025
Copyright and Translated Content: Who Owns the Creative Rights? Understanding Copyright Law and Translation Copyright law protects creative work and bestows sole authority over the work upon the creators. For example, the owner of the work of a novel has the right over the work under the concept of the right under the copyright. Courts have found that “the degree of protection afforded by the copyright is measured by what is actually copyrightable in the publication and not by the entire publication.” See, e.g., Dorsey v. Old Sur. Life Ins. Co., 98 F.2d 872, 873 (10th Cir. 1938) (emphasis added). For translations, the situation is not very clear. Translations involve creative judgments over word translation and not the translation of mere words. Hence the knowledge about the applicability of the concept of the right over the work is essential for establishing the right over the work. For example, a Court in the Northern District of California stated that: “ the determinative question is whether Plaintiff holds a valid copyright. ” Signo Trading Intern. Ltd. v. Gordon, 535 F. Supp. 362, 363 (N.D. Cal. 1981). The Signo Trading Court dismissed Plaintiff’s infringement claims because plaintiff did not have a valid copyright as a matter of law in the translations and transliterations at issue because they lacked the “requisite originality.” Id. at 365. Can Translation Be Considered a Creative Process? The Practice of Translating Translation goes beyond the replacement of one word by the equivalent word from the source text. Translating literary work, poetry, and fiction with deeper meanings beyond the surface text is a complex, artistic process. Translating books like The Iliad, for instance, requires the practice of artistic translation to translate the emotions, thoughts, and the culture correctly. Technical Translations and Legal Translations Conversely, technical writing and texts for the law need less creativity and instead value correctness over all else. These writing forms require strict adherence to the original sense, leaving very little room for artistic interpretation. Translations for these writing forms thus typically involve less creative contribution and less potential for the work being protected by copyright. Why Is Creativity Important for Translations for Copyright? Originality when translating For a work to be subject to copyright, some creativity, however slight, is essential. Even when the translation is taken from the work, the translation also includes some creative work by the translator. This creativity can make the translation subject to copyright. A derivative work must “recast, transform[], or adapt[]” a preexisting work and “consist[] of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship.” Id. In other words, it must change or alter the pre-existing work’s content and must itself be an original work of authorship. The Supreme Court stated that “ [t]he sine qua non of copyright is originality ” and that “ [t]o qualify for copyright protection, a work must be original to the author. ” Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991) at 345. “Original, as the term is used in copyright, means only that the work was independently created by the author (as opposed to copied from other works), and that it possesses at least some minimal degree of creativity.” Id. (citing 1 M. Nimmer & D. Nimmer, Copyright §§ 2.01[A], [B] (1990)). In granting a Rule 12 motion to dismiss, the Signo Trading Court held that: " It is inconceivable that anyone could copyright a single word or a commonly used short phrase, in any language. It is also inconceivable that a valid copyright could be obtained for a phonetic spelling, using standard Roman letters, of such words or phrases. Although lists of words and translations of larger works may be copyrightable, Plaintiff cannot claim credit for any of the elements which make those things copyrightable. For these reasons, Plaintiff does not hold a valid copyright on the translations or transliterations ... " Signo Trading, 535 F. Supp. at 365. The Problem of the Derivative Work However, translations are generally "derivative works" - derived from the work of another. Because of this, the owner or author of the work is generally required to agree to the translation. Translations made illegally can be held under the classification of copyright violations, even when the translator has added creative elements. Who Has the Right over the Translated Work? Employer-Commissioned Translations Ownership of the copyright for the translation work varies. If the translation is commissioned by the owner of the original work, the owner will retain the right. Even when the translator adds creativity by passing over the original emotions and thoughts, the owner will not necessarily lose the right over the translation work. In some circumstances, the translation work can be accredited by the translator without them holding the right over the work. Independent Translations If a translation is performed independently by the translator, the translator can even be identified as the co-author of the translation. Nevertheless, the author typically has the underlying copyright, restricting the translator’s right over the work. Creative Translations from the Public Domain In certain cases, a translation may be creative enough to warrant its own copyright. For example, a translator adapting a classic work or a book in the public domain into modern language may introduce enough originality to qualify for copyright protection. However, direct, word-for-word translations are typically not considered original enough to receive new copyright protection. What About Machine Translations? The Human Creativity Copyright Requirement Machine-generated translations, including those produced by platforms like OpenAI , operate through advanced algorithms that replicate language patterns rather than capture the human touch. Unlike translations crafted by human translators who often infuse cultural insight and genuine emotion into the work, OpenAI's output is rooted in statistical patterns and data. Consequently, while these translations are impressively efficient and accurate, they typically fall short of the originality required for copyright protection. This distinction underscores the human creativity requirement needed to secure a valid copyright . Ultimately, although machine-generated translations serve as powerful tools, they do not offer the same legal and creative protections as those provided by human translators. The Bottom Line: Navigating Copyright in Translations Translations occupy the middle ground under the law of the copyright. Albeit the right of the original author generally has the right under the copyright, the right under the copyright can also be claimed by the translator provided the translation is creative enough. Central considerations here include the creativity the translator has added, the nature of the work being translated, and whether the work is under the public domain. These considerations establish the right of the owner under the copyright for the translation. Why Wilson Whitaker Rynell for Your Copyright Work? At Wilson Whitaker Rynell, our professional lawyers specialize in the practice of copyright law and copyright litigation , including the complex subject matter of translation work. We can provide you with advice about the ownership of your work under the provisions of the copyright, and protect your creative property. If you are the author, the publisher, or the translator, you can rely upon the advice from our firm. Copyright Translation FAQS
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