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NEWSLETTER
SPORTS LAW
MAY 2007 |
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ROUGH PLAY, ASSAULT
AND CIVIL CLAIMS FOR COMPENSATION
When a suburban footballer “king hit” an
opposition player and broke his jaw, the judge
described it as a “cowardly and aggressive act
of on-field violence” and noted that “any
footballer – at any level – could be jailed for
such acts of on field violence”. He took into
consideration that the offender had no prior
convictions and sentenced him to a 12 - month
jail term, suspended for two years. This case is
a clear indication that the law does not
distance itself from violence inflicted on the
sporting field compared to violence in society.
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THE LICENSING OF
WEAPONS TRAINING IN A MARTIAL ARTS
Many styles of martial arts teach the
use of associated weapons (instruments
for either attack or defence) in
addition to, or instead of,
“empty-hand”. Often these “weapons” are
cultural derivations of agricultural
tools from centuries past, intended to
be used in a defensive manner, and are
of limited offensive capacity. A broken
bottle, a hammer or a chef’s knife would
be more dangerous than most of them. In
what was very clearly a reaction to some
alarming social trends the government
has enacted very strict legislation to
require the owners and operators of
martial arts schools to be appropriately
licensed or exempted from the need for
licensing when they teach or train with
such weapons.
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FAIR
GAME? PROTECTION OF ATHLETES’ IMAGE RIGHTS
Sport
in Australia is a big business. Athletes are
becoming keen to protect the integrity of their
so-called ‘image rights’, including via legal
means. Administrators of sporting organisations
who use the impressive imagery of their sport
for promotional purposes must be conscious of
athletes’ rights in the promotional value of
their images.
Australian law protects image rights on a narrow
basis, concentrating on passing off and
misleading and deceptive conduct. There are no
rights per se in the athlete’s own image or
personality. Instead, Australian athletes’
rights are based on the truthfulness of
representations made by others about the
athletes to the public.
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Copyright 2007 © Russell Kennedy.
The information contained in this publication is intended as
general commentary and should not be regarded as legal
advice. Should you require specific advice on any of the
topics or areas discussed, please contact the author
directly.
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