What Happens When the Cheering Stops? Rights of Publicity Issues and Other Practical and Legal Considerations for Retired Athletes

(266 Ratings)

Produced on: October 15, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

This course is the first of two programs that examine the rights to privacy of professional athletes and how such privacy rights translate into licensing programs for active and future players in professional sports. The first course looks at who is charged with enforcing such rights while a player is active and the void that is created once an athlete retires or members of a championship team go their separate ways. The presenter discusses a unique sports marketing concept that he developed on behalf of retired athletes to fill this void, protect the rights of retired athletes (focusing in groups of retired athletes that have either won a championship together and/or share a common significant accomplishment) and create revenue-generating opportunities for these athletes from streams that did not exist before.

 

This course sets the stage for the analysis of the significance of the landmark case Shamsky vs. Garan with special guest and the named plaintiff in the case, Art Shamsky, a member of the 1969 Miracle Mets in Part 2 of the Program. 

 

If you are a baby boomer and a sports fan, who can forget Curt Gowdy’s call of the last out of the 1969 World Series: “The Mets are the World Champions! Jerry Koosman is being mobbed. Look at this scene.” Similarly, which sports fan doesn’t get goose bumps when they hear Al Michael's call of the last few seconds of The Miracle on Ice? “Do You Believe in Miracles? Yes!”

 

Besides the “David vs. Goliath” angle and overcoming tremendous odds to achieve the unimaginable and reach the pinnacle of their respective sports, what else do these two iconic teams have in common? The answer is that both teams, over a decade after their respective heroic group efforts, were organized into legal marketing entities by our presenter. Against a backdrop of a significant anniversary of their unforgettable championships, both of these teams were legally incorporated and in the process took control of their collective marketing, licensing, sponsorships, appearances, memorabilia and other opportunities.

 

Presented almost 45 years to the day after the Miracle Mets shocked the baseball world and became a part of baseball immortality by winning the World Series, this program discusses the legal issues and practical considerations involved in organizing retired athletes.

 

Learning Objectives: 

I.   Understand how the legal landscape changes for: 

  • professional athletes after they retire and/or;
  • members of a team after they collectively win a championship

II.  Review an athlete’s right to privacy (both for individual athletes and members of a team as a collective unit)

III. Examine why unlawful commercial exploitation of an athlete’s right of publicity is more prevalent after they retire

IV. Recognize the practical considerations and legal challenges in organizing retired groups of athletes

 

 

 

Faculty

Edward Schauder

Steiner Sports

Ed Schauder has more than 20 years of experience handling complex corporate and finance transactions. Ed has maintained a sophisticated corporate and finance practice, advising clients in mergers and acquisitions, venture capital, public and private debt and equity offerings, PIPE transactions, leverage buyouts, SEC compliance and general corporate planning. Throughout his career, Ed has also been intimately involved in both the legal and business side of the sports and entertainment industries. Prior to joining the firm, Ed conceived and implemented a unique concept in sports marketing. By forming incorporated entities made up of members of championship sports teams or professional athletes linked together by similar accomplishments, he created programs to protect and market their intellectual property. From initial contact with the athletes to obtaining licensing rights, corporate sponsorships, endorsements, autograph memorabilia deals and appearances, Ed represented some of sports history's most beloved and storied teams, including the 1969 Mets, 1977 Yankees, 1972 Miami Dolphins, 1980 United States Olympic Hockey Team, and 1986 Giants. Ed has extensive experience building and protecting sports properties and is considered an expert in sports licensing.

 

Ed also has significant experience representing private equity funds from the initial acquisition of a target company through the public registration of the company with the Securities and Exchange Commission. He has been the lead attorney in the preparation and negotiation of high yield documentation and thereafter navigating the client through the initial public offering process with the SEC. He also has significant experience representing financial institutions in leveraged buyouts.

 

Recently Ed has represented MusclePharm Corporation in its endorsement agreements with Arnold Schwarzenegger, Tiger Woods and Johnny Manziel. He has also represented Steiner Sports in its exclusive memorabilia agreements with Derek Jeter, Mariano Rivera, Carmelo Anthony and Patrick Ewing, among others, and its team sponsorship and partnerships with the New York Yankees, the Boston Red Sox, the Brooklyn Nets and Madison Square Garden. 

 

Corporate/Finance Experience 

  • Representation of equity sponsor in the acquisition of a company that was the nation's largest commemorative ring, yearbook and achievement recognition company and subsequent high-yield transaction and eventual sale of business.
  • Representation of equity sponsor in the acquisition of a company that provides specialized mission critical outsourced technical services to civilian and military government agencies and subsequent representation of the company in a high-yield transaction and initial public offering.
  • Representation of equity sponsor in the acquisition of one of the country’s largest steakhouses and the company's initial public offering.
  • Representation of equity sponsor in the acquisition of one of the largest glass bottling companies and the company's high-yield transaction and subsequent initial public offering.
  • Representation of a financial institution in connection with the financing of the acquisition of certain cable companies from the owner of the Washington Redskins.
  • Representation of numerous private companies in private placements, bridge financings and PIPE transactions. 

Sports and Entertainment Experience 

  • Negotiation of numerous appearance agreements for Hall of Fame and other athletes, including Larry Bird, Walt Frazier, Pete Rose, Yogi Berra, Goose Gossage, Lawrence Taylor, Bill Walton, Gayle Sayers, Tom Seaver, Ron Guidry, and Rod Gilbert.
  • Negotiation of endorsements for a public beverage company with New York Yankees pitcher Mariano Rivera and Anaheim Angels outfielder Torii Hunter.
  • Representation of Steiner Sports Marketing.  Sport Licensing and Sponsorship Agreements with Fortune 500 companies.
  • Served as Director of Legal and Business Affairs for 4Kids Entertainment, Inc., a public company that served as licensing agent for Nintendo, World Wrestling Entertainment, James Bond, The Shadow, Harlem Globetrotters, Robocop and the Negro League Baseball Players Association, among others.
  • Representation of numerous licensees of major sports leagues.
  • Negotiation of sponsorship agreement for client with New York Mets and related license with Major League Baseball Properties.
  • Negotiation of all sponsorship agreements with Fortune 500 companies for the 2011 World Police & Fire Games.
  • Representation of organizations comprised of former NBA, NFL and MLB legends. 
  • Representation of memorabilia companies in connection with game used equipment deals with the New York Mets. 
  • Representation of memorabilia companies in connection with exclusive agreements with David Wright, Curtis Granderson, Alex Rodriguez and Mark Messier.

Charitable and Pro Bono Representations 

  • Co-Founder of the not-for-profit Negro League Baseball Players Association and served as its General Counsel. 
  • General Counsel to the 2011 World Police and Fire Games and was responsible for negotiating all of their sponsorship, endorsement, licensing, marketing and venue agreements.

Education

JD 1987 Columbia University Law School

BS 1984 Yeshiva University

Speaking Engagements / Other Activities

Ed has appeared on "Good Morning America" and numerous sports cable network shows and has been a frequent guest on WFAN Radio. He has been featured and quoted in numerous sports industry periodicals and national newspapers and magazines. Ed is also on the editorial board and is a frequent contributor to Professional Sports and the Law, a periodical that is distributed to General Counsel of major sports leagues and their franchises and the Sports Litigation Alert. Ed is also a member of the New York City Bar Association and the Sports Lawyers Association.

 

Languages

Mr. Schauder is proficient in Hebrew.

 

Reviews

JH
Jean H.

Very engaging speaker!

DY
Deborah Y.

Excellent!

KW
Kenneth W.

One of my favorite courses so far. Interesting and informative.

SB
Steven B.

Great presenter

LR
Lawrence R.

Stimulating

AF
Andrew F.

He was excellent. Great speaker and very knowledgeable on his topics.

ED
Edward D.

Fascinating

WH
William H.

Good introduction to this area of right of publicity issues.

JH
Joe H.

Very, very interesting course, nicely balanced among practicalities and law practice. His "war stories" and anecdotes

RG
Richard G.

Great program on exploiting rights of publicity, applicable to more than professional athletes.

JW
JUSTIN W.

Very interesting topic. Great job.

LR
Laurie R.

Good for New Yorkers who are baseball fans.

JB
James B.

Engaging and informative speaker.

FM
Frankie M.

Great speaker and content! Really great job.

EC
Elliot C.

Very good presentation, personal anecdotes about players interesting

JS
Jason S.

very enthusiastic speaker.

SS
Stuart S.

Really a very good program. Extremely interesting....

NK
Nicholas K.

one of the best courses i've taken

LH
Lynn H.

interesting and entertaining

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$ 59 Sports & Entertainment Law In Stock

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