Broadcast Rights

[ArtistSync]

What is the name of your state (only U.S. law)? Arizona.

I represent a commentator, ZC, who is running a website where he funnels all of this writing, podcasts, and radio projects.

He has access to all major college sporting events at the University of Arizona via his connections with the student radio and student tv stations. However, IMG holds all broadcast rights to NCAA games so none of the student organizations can offer live coverage, audio or video. The problem is that they only offer some of the games on local FM radio. We're at every game and know there are people out of state (parents and friends of out-of-state players for instance) who want to follow the games with us, but IMG is not currently serving those people.

I want to know two things:

1. Where can I find a detailed explanation of IMG's rights? It should be public information right? I mean a lot of tax dollars go into NCAA sports? I've done some research but always end up at IMG's website.

2. I had an idea for us to use a private internet stream by invitation only. This way we wouldn't be broadcasting, just gathering our friends together to listen. Is that a blatant violation of IMG's rights? If so, how is it different from texting a friend while you're at a game? Or bringing a laptop and having a private chat room? They have free wifi in our stadium so that may even happen. You an see how the above question would be helpful in determining the validity of this idea.

Thanks for any and all ideas!

 

[Hot Topic]

What is the name of your state (only U.S. law)? Arizona.

I represent a commentator, ZC, who is running a website where he funnels all of this writing, podcasts, and radio projects.

He has access to all major college sporting events at the University of Arizona via his connections with the student radio and student tv stations. However, IMG holds all broadcast rights to NCAA games so none of the student organizations can offer live coverage, audio or video. The problem is that they only offer some of the games on local FM radio. We're at every game and know there are people out of state (parents and friends of out-of-state players for instance) who want to follow the games with us, but IMG is not currently serving those people.

I want to know two things:

1. Where can I find a detailed explanation of IMG's rights? It should be public information right? I mean a lot of tax dollars go into NCAA sports? I've done some research but always end up at IMG's website.

2. I had an idea for us to use a private internet stream by invitation only. This way we wouldn't be broadcasting, just gathering our friends together to listen. Is that a blatant violation of IMG's rights? If so, how is it different from texting a friend while you're at a game? Or bringing a laptop and having a private chat room? They have free wifi in our stadium so that may even happen. You an see how the above question would be helpful in determining the validity of this idea.

Thanks for any and all ideas!

Sounds like you're trying to do an end around on IMG's rights. Try it, and you're likely to become well acquainted with IMG's attorneys.

 

[ArtistSync]

Sounds like you're trying to do an end around on IMG's rights. Try it, and you're likely to become well acquainted with IMG's attorneys.

Well that would be the point. I'm trying to discern what's within and what's outside of their rights. Some further research on the NCAA's website and emails to staff members led me to find that the NCAA actually doles out the broadcast rights to championship games, while universities handle the rights to regular season games. IMG College is generally the radio rights holder and internet audio streaming rights holder from what I understand.

After all my research it seems any reproduction or description of the game, whether private or broadcast is a violation of IMG's terms IF it's happening on the arena premises. However, student-run, university-funded, non-profit broadcast organizations (aka student radio/tv stations) can apply for broadcast rights and waive the rights fee for championship games. Also, it seems like there are certain rights given to these student broadcast organizations for regular season games as well, but again, it's determined by each individual university.

Long story short, our solution will be to try to gain access for the student radio station, and provide a link to them through his personal website (hey it's the same guy's voice right?). We've given up on pursuing the private stream method.

 

[FlyingRon]

So? What rights the University gave to IMG is immaterial to you. You don't have those rights and they are under no obligation to grant them to you whether they have an exclusive agreement with someone else or not.

 

[ArtistSync]

So? What rights the University gave to IMG is immaterial to you. You don't have those rights and they are under no obligation to grant them to you whether they have an exclusive agreement with someone else or not.

FlyingRon, when I said the following above:

"it seems like there are certain rights given to these student broadcast organizations for regular season games as well, but again, it's determined by each individual university"

I clearly had no intention of obligating the university to do anything. I also never said or implied that IMG's rights are material to me. What I did say was that sometimes universities give radio rights to student radio stations as well as IMG. Since I'm part of a student radio station, I say it never hurts to ask.

 

[asiny]

Long story short, our solution will be to try to gain access for the student radio station, and provide a link to them through his personal website (hey it's the same guy's voice right?). We've given up on pursuing the private stream method.

The student radio station, who are granted broadcast rights, are not allowed to grant further broadcast rights to anyone else. This would a violation of the rights holder.

If the student radio station is available via the web... why would you need to 'try' to gain access when it is already, publicly, available?

Since I'm part of a student radio station, I say it never hurts to ask.

Is the commentator, ZC, who is running a website where he funnels all of this writing, podcasts, and radio projects - running a student (i.e. college operated) station or is this his own, private, venture?

1. Where can I find a detailed explanation of IMG's rights?

This does not exist. IMG purchases the rights- in order to resell. These rights are different depending on the purchaser. As you have already discovered they, sometimes, grant the rights to major events to the student radio station.

It should be public information right? I mean a lot of tax dollars go into NCAA sports? I've done some research but always end up at IMG's website.

No, the information should not be public.. What makes you think that? Because of the "tax dollars" that go into NCAA sports? If, by tax dollars, you mean colleges/universities that are state/federally funded- then you are sorely mistaken.
1- IMG purchases the rights- this is private money.
2- Most college/university sports programs are funded by the state/federal governments as part of the college/university education offering of the institution- which is usually the minimum (often below) of what it costs to offer a sports program. But those major dollars come from #1- that pays the (very large) above and beyond costs associated... especially when the college/university team get's to such a level that they now need to offer big-$ to get players to come to their institution.

Have you ever contacted: programmingcatalogue@imgworld.com ?

 

[ArtistSync]

The student radio station, who are granted broadcast rights, are not allowed to grant further broadcast rights to anyone else. This would a violation of the rights holder.

If the student radio station is available via the web... why would you need to 'try' to gain access when it is already, publicly, available?

Is the commentator, ZC, who is running a website where he funnels all of this writing, podcasts, and radio projects - running a student (i.e. college operated) station or is this his own, private, venture?

This does not exist. IMG purchases the rights- in order to resell. These rights are different depending on the purchaser. As you have already discovered they, sometimes, grant the rights to major events to the student radio station.

No, the information should not be public.. What makes you think that? Because of the "tax dollars" that go into NCAA sports? If, by tax dollars, you mean colleges/universities that are state/federally funded- then you are sorely mistaken.
1- IMG purchases the rights- this is private money.
2- Most college/university sports programs are funded by the state/federal governments as part of the college/university education offering of the institution- which is usually the minimum (often below) of what it costs to offer a sports program. But those major dollars come from #1- that pays the (very large) above and beyond costs associated... especially when the college/university team get's to such a level that they now need to offer big-$ to get players to come to their institution.

Have you ever contacted: programmingcatalogue@imgworld.com ?

asiny, thanks for your post. I'll try to respond to everything, please let me know if I miss something.

I am aware that the student radio station cannot grant further rights. No intention of asking them to. The goal is to gain access TO some form of broadcasting rights FOR the student radio station. Yes, station is publicly available, but currently offers no type of live coverage for athletics events. ZC runs a private website, but like I said earlier, we abandoned the notion of trying to funnel coverage through there because it was clearly a violation of IMG's rights.

You were right that IMG probably has no legal reason to publicly display their purchased rights. However, whether it's requisite or not, NCAA does have their broadcast regulations publicly available here:

2010-11 NCAA Broadcast Manual - NCAA.org

I found this manual very helpful in my research. If I understand your response correctly, you're saying that it does NOT have to be publicly available because IMG pays more than federal funding.

I didn't contact the NCAA via the address you suggested but rather the suggested contact persons listed on the NCAA website for radio broadcast rights (and their email addresses were @imgcollege.com). They pointed me to my school's own athletics department, which in turn, pointed me to their designated IMG rep. This guy turned out to be really nice and offered to sit down with the radio station's executive board and discuss what rights they'd be willing to share. So in the end it really didn't hurt to ask.