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News | Brazilian Superior Labor Court (TST) rejects player’s appeal regarding arena rights
In a recent decision, the Brazilian Superior Labor Court (TST) rejected the appeal made by a professional player regarding arena rights. The lawsuit had the goal of increasing the value received by the player, as, according to him, such value should not be limited to what was accorded by the team and the TV station for the game’s broadcast.
According to Article 160 of Law No. 14,597/2023 (Brazilian General Sports Law), arena rights are given to the host team allowing them to exploit, sell, and diffuse images from the sports event. Also, they can accept and deny the transmission, reproduction, and capture of these images. The decision from the Regional Labor Court, which was upheld by the TST, is that the amount due to the player refers only to what was received from the broadcasts, so it doesn´t contain the total income related to advertising, marketing, or sponsorship.
In conclusion, the appeal lodged by the player to receive his arena rights based on the total income made with the use of the images from the games could not be granted. According to the rapporteur, that would contradict Pelé Law (Law No. 9,615/98), as arena rights refer to the exploitation of sports audiovisual rights, namely, the ones related to the transmission and retransmission of the spectacle.
Check more (in Portuguese) at https://www.migalhas.com.br/quentes/395152/tst-direito-de-arena-de-jogador-nao-inclui-publicidade-e-premios
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