How to Future-Proof Your IP Portfolio in the Sports Industry

In the high-stakes world of sports management, protecting your athletes is paramount. From keeping them safe from unauthorized use of their likeness to securing winning deals, understanding the evolving landscape of intellectual property (IP) is crucial. Landmark legal battles, such as Midler v. Ford Motor Co. (1989) and Waits v. Frito-Lay, Inc. (1992), set important precedents by addressing the unauthorized use of celebrities' voices, leading to significant monetary awards.

Today, the challenges have evolved with the rise of AI-generated deepfakes, as seen in Scarlett Johansson's experience with unauthorized AI replicas of her likeness. While the technologies have advanced—from human impersonators to sophisticated AI algorithms—the core issues of unauthorized use and commercial exploitation remain the same. To protect your athletes and secure their future, staying informed and proactive in IP management is essential.

1️⃣ Staying Informed: Quality Sources and Cutting-Edge Knowledge

Navigating the modern IP landscape requires staying ahead of misinformation and clickbait. Platforms like LinkedIn often recycle outdated litigation or speculative content, leading to confusion. Here’s how to ensure you remain well-informed:

• Curate Quality Sources: Subscribe to reputable legal and tech journals, follow leading experts, and join professional associations that provide accurate and timely insights.
• Share Knowledge: Save and share essential articles with your team to maintain a collective understanding of the latest developments and jurisdictional nuances in IP law.

Questions to Ask:

• How reliable are my current sources of IP-related news and updates?
• Am I following the right experts and publications to stay ahead of emerging IP issues?
• What’s the best way to ensure my team stays informed about the latest IP developments?

2️⃣ Cataloging Your IP: A Comprehensive Approach

Accurately identifying and cataloging your IP assets is fundamental:

• Identify IP: Consider training data, AI model outputs, and potentially sensitive information that might not be classified as PII today but could be in the future.
• Manage Access: Document usage and control access, particularly when utilizing open-source and closed-source platforms with specific terms and conditions.

Questions to Ask:

• Have I identified all potential IP assets related to my athletes?
• What steps am I taking to protect sensitive data that could be reclassified as PII in the future?
• How secure are the platforms and tools I use to manage IP assets?

3️⃣ Knowing Your IP Value: Measurement and Market Potential

Understanding the value of your IP is critical for maximizing its potential:

• Measure Quality and Value: Assess what your IP includes, when and why it’s used, and its economic impact. Consider who uses it, its worth, and its demand.
• Explore Data Markets: Look into data markets for pricing. Pool data from multiple athletes to enhance market value.
• Utilize Zelos' Marketplace Hub: Leverage Zelos to license digital assets, manage royalties, and ensure timely payments.

Questions to Ask:

• What metrics am I using to assess the value of my athletes' IP?
• How can I increase the marketability of my IP assets?
• Am I effectively utilizing platforms like Zelos to maximize the financial potential of my digital assets?

4️⃣ Essential Tools for Risk Management and Contract Negotiation

Protecting your IP requires effective risk management and negotiation strategies:

• Risk Assessment: Identify potential legal liabilities and financial risks associated with IP mismanagement.
• Technological Tools: Use AI-assisted contract drafting and negotiation tools to streamline workflows and ensure comprehensive, legally compliant agreements.
• Protective Measures: Implement tools like robots.txt for web content and digital watermarking with invisible signatures to safeguard your assets.

Questions to Ask:

• What are the most significant risks associated with my current IP management practices?
• How can AI tools improve my contract negotiation and drafting processes?
• Are there sufficient protective measures in place to prevent unauthorized use of my athletes' IP?

5️⃣ Regulatory and Compliance Updates

Stay abreast of current and forthcoming regulations impacting IP rights, including international considerations essential for compliance officers and global operations.

Questions to Ask:

• What new regulations could impact my athletes’ IP rights in the near future?
• How can I ensure compliance across different jurisdictions where my athletes’ IP might be used?
• What strategies can I adopt to stay ahead of regulatory changes and ensure my athletes' IP remains protected?

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Proactive IP management is vital in safeguarding digital identities and assets. Adopting advanced tools and practices ensures your IP remains secure and valuable. Engage with Zelos to craft, own, and license generative AI creations, ensuring your digital identity grows as an asset with you.