The IP side of sports broadcasting in Latin America

Álex Escarré

Intern at the Latin America IP SME Helpdesk

The world’s live sports broadcasting market was valued at almost 24 thousand million euros in 2022, and it is expected to reach over 115 thousand million euros in 2030, according to a report made by Kings Research. For Latin America, the market's expected growth is even more attractive. According to a report by Horizon Grand View Research, Latin America sports streaming platforms' revenue in 2024 was over 1,700 million euros, and it is expected to reach a projected 3,700 million euros in 2030, meaning a compound annual growth rate of 13%.

With such a cake cooling on the windowsill, it is no wonder that content creators, tech start-ups, and sports broadcasters fight for their place in this market. To achieve this, they do not hesitate to use all the means at their disposal. From direct-to-consumer (D2C) platforms to new second-screen apps offering live stats, fan polls, or social media integration, to even new production technologies with AI-enhanced camera work, there is no limit to creativity and innovations in this industry. 

Eyes on the Intellectual Property Rights (IPRs)

Here’s where IP steps into the scene. Copyright is the star of the show, but other IP Rights (e.g., trade marks) play a crucial role too.

The perceived importance of IPRs is also highly variable. However, that subjectivity becomes irrelevant when viewed from a legal standpoint.

Indeed, no legal action can be taken without proper IPRs; there is no other way.

Not only are IPRs important for legal protection, but they are also valuable assets in today's market. 

Sports organisations like the UEFA, the NBA, or the NFL, as well as SMEs in charge of producing creative work or owning the rights of other creative components, know this very well. 

Still, it is not all sunshine and rainbows. They must deal with a complex IP regulation that merits a more careful analysis.

To start, it must be clarified that IP does not protect the event per se, but the broadcast of the event, including the camera work, the visual design, the commentaries, etc.

Here, copyright protects the resulting work –as well as the individual creative elements– and right holders have the right to authorise or prohibit copies made from the original broadcast – i.e, Reproduction right, as well as to control any public display of the broadcast (in bars, fan zones, or other) – i.e., Communication to the public.

On the other hand, neighboring rights are also important regarding IP protection. Even though their implementation strongly varies from one country to another, most Latin American countries share a few rights for transmission organisms, like the right to authorise or prohibit the recording of a live broadcast –i.e, Fixation right–; or to authorise or block the rebroadcasting of the signal (this is one of the most common forms of piracy) –i.e., Retransmission right. 

Key issues in Latin America

In this regard, piracy costs over 630 million euros per year for the audiovisual industry, according to a study by the Center of Telecommunications Studies in Latin America (CET).

In addition to this, SMEs’ main concern is the fragmented legal landscape, as we saw in our last blog about furniture.  As we pointed out, in Latin America, IP frameworks vary depending on the country, causing some remarkable asymmetries. For instance, Mexico has modernised its IP laws to align with the United States-Mexico-Canada Agreement (USMCA). On the other hand, Argentina lacks specific legal tools for live content piracy or dynamic site blocking (“Internet Service Providers are allowed to automatically block pirate websites when they jump from one website to another”). 

Nevertheless, many Latin American countries acknowledge there is room for improvement in institutional capacity to respond to digital piracy, and various emerging solutions are currently being enforced to fight illegal broadcasting. From coordinated initiatives like Operation 404 in Brazil to new legislations and measures like dynamic blocking (recently allowed in Colombia), the fight against piracy is becoming increasingly important among Latin American governments.

Concurrently, the never-failing engagement of organisations like Alianza Against Audiovisual Piracy has also democratised the need for government and international participation in the fight against piracy. International cooperation might be the next measure, ongoing negotiations on the Draft Broadcast Organization Treaty of the World Intellectual Property Organization (WIPO) prove the evolving internationalisation of the matter.

Fighting piracy

But beyond legal enforcement, there are also technical tools that SMEs can implement to protect their broadcasts. Digital watermarking, token-based access systems, and Digital Rights Management (DRM) help restrict unauthorised downloads. Not to mention that enterprises can collaborate with Digital Monitoring Services (DMS), enabling faster takedowns and empowering them to fight piracy even without the backing of large legal departments. 

IP is not just about ownership, but also business growth. Copyright and neighboring rights offer the power to defend their assets while allowing greater opportunities. Owning IP, whether it is licensing agreements, partnership negotiations, or market positioning, allows SMEs to monetise their work and enter new markets with greater leverage. 

Contact us

Nevertheless, seeking expert advice is essential. The Latin America IP SME Helpdesk offers free consultations with IP professionals to help SMEs develop tailored strategies and optimize cross-border protection, offering expert, free-of-charge support. Book a meeting with one of our specialists today!