The intellectual property of audiovisual sports rights and the relation with the right of competition

Abstract

In 2021, the news about the unpaid debt that Goltv had for a few months for the audiovisual rights of the Ecuadorian soccer championship Series “A” and “B” became media, which meant an imbalance in the income of the soccer teams. that these television rights are the greatest income they have to support the team and the squad of players. However, it was also revealed the fact that this broadcaster is the only provider with exclusive competence for the broadcast of the championship for a period of 10 years. The process that was followed for the award of the contract denotes the fundamental role that the Professional Soccer League of Ecuador has in this that, although it is not the owner of the audiovisual rights, it is in charge of negotiating the joint sale under the established conditions by this body. The research aims to analyze the intellectual property of audiovisual sports right and its relationship with competition law. A study based on a bibliographic review of articles, publications, regulations, judgments and jurisprudence related to the subject was carried out. The investigation made it possible to identify the property rights involved in a football match, the way to commercialize the audiovisual

rights of the football championship and allowed to recognize that in the process of negotiating and awarding these rights in favor of the broadcasting organization, they should be taken take into account the rules and criteria of competition to avoid market power and anti-competitive practices.