|
Replies: 13
| visibility 1
|
Orange Blooded [2070]
TigerPulse: 91%
Posts: 1825
Joined: 1/7/00
|
Grant of rights. Does it really lock the conference down?..
Apr 23, 2013, 3:20 PM
|
|
I don't think a program would give up all their TV money just by leaving the conference. They'd give up the rights. But if, for instance, Clemson left the ACC for some place else, would the ACC still have to pay Clemson TV money?
I'm trying to understand what exactly the GOR means.
|
|
|
|
 |
All-TigerNet [11024]
TigerPulse: 100%
Posts: 9048
Joined: 2/22/00
|
If someone wanted to leave bad enough I am sure
Apr 23, 2013, 3:24 PM
|
|
they could find a way but it would be a legal battle royal. I think we are about as locked down as we can be when dealing with imperfect schools and people. Remember the 50 mil exit fee is still in place too
Message was edited by: milerock®
|
|
|
|
|
|
Orange Blooded [2070]
TigerPulse: 91%
Posts: 1825
Joined: 1/7/00
|
Yeah, you're probably right...
Apr 23, 2013, 3:28 PM
|
|
All of you folks that were worried about Tech going to the B1G - if you were worried at all - can probably simmer down now. I never have bought into any of that myself.
But I still don't think the GOR is as much of a lid on re-alignment as it's made out to be.
|
|
|
|
|
|
Scout Team [174]
TigerPulse: 46%
Posts: 410
Joined: 7/28/09
|
Re: Yeah, you're probably right...
Apr 23, 2013, 3:36 PM
|
|
It a done deal.
|
|
|
|
|
|
Orange Blooded [3730]
TigerPulse: 97%
Posts: 4857
Joined: 11/4/03
|
|
|
|
|
|
Orange Blooded [3730]
TigerPulse: 97%
Posts: 4857
Joined: 11/4/03
|
Have the Terps been ordered to pay up yet?******
Apr 23, 2013, 4:11 PM
|
|
|
|
|
|
|
|
Orange Blooded [2929]
TigerPulse: 100%
Posts: 2108
Joined: 6/22/12
|
Re: Grant of rights. Does it really lock the conference down?..
Apr 23, 2013, 3:45 PM
|
|
A GOR is a license whereby one party licenses (not pledges) their rights in their copyrights to another party for a term or for the life of the copyright. When you give someone an exclusive license, you promise that the licensee and only the licensee may exercise the right. This means that when you grant an exclusive license, even you may not exercise the granted right, nor may you authorize anyone else to do so. This is not a new idea. Examples of contracts which contain a GOR clause include recording contracts, publishing contracts, and software licensing contracts. GOR have been upheld in the past and are hard to get out of (see mellencamp v. riva music). If what you are suggesting would actually get someone out of a GOR clause, it would have been argued by now. I have not run across a case where it has been tried.
The main question here is not whether damages exist but whether the courts would allow a school to get back the IP that the conference has the exclusive right to exploit so they can re-license it to another conference. Your premise is wrong because you assume this is a pledging of rights (a promise) and not an exclusive license of rights (property interest/ control) in a copyright. While damages would come into play if a college left their conference, copyright issues control the GOR clause of the agreement. There is no question that the conference has an exclusive right to the media rights of the departing school. A conference would not be forced to sell it's license back to the college, they own it for the term of the agreement. If a conference refused to allow a school to buyback their rights then the school would have to prove that the conference breached a fiduciary duty or breached the contract. I think IP cases are the way to go if you want to crack the GOR clause.
|
|
|
|
|
|
All-In [29036]
TigerPulse: 100%
Posts: 36097
Joined: 8/28/00
|
I think his question
Apr 23, 2013, 3:50 PM
|
|
Was whether the licensing of those rights also came with a promise of payment for those rights. If a school left the ACC and the ACC continued to exercise those rights (as it sounds like they legally could), would the parting school be eligible for partial proceeds?
|
|
|
|
|
|
Orange Blooded [2070]
TigerPulse: 91%
Posts: 1825
Joined: 1/7/00
|
|
|
|
|
|
Orange Blooded [2929]
TigerPulse: 100%
Posts: 2108
Joined: 6/22/12
|
No,they also would have no rights to sell another conference
Apr 23, 2013, 5:15 PM
|
|
Say GT, tried to gp to the B1G, they have no rights to sell. The ACC OWNS them. The B1G couldn't sell something they have no rights to. While the exit fee may be challenged, treating the GOR like a copyright case, it would be hard to over rule.
|
|
|
|
|
|
Orange Blooded [2070]
TigerPulse: 91%
Posts: 1825
Joined: 1/7/00
|
But if GT left (we won't, but it's hypothetical)...
Apr 23, 2013, 5:19 PM
|
|
wouldn't the ACC be legally required to show our games and pay us something? They own our media rights. But don't they have an obligation to pay us for being on TV, since they own our media rights?
|
|
|
|
|
|
Orange Blooded [2929]
TigerPulse: 100%
Posts: 2108
Joined: 6/22/12
|
What conference would take a team that couldn't bring
Apr 23, 2013, 5:28 PM
|
|
money to that conference? How could the ACC broadcast games between 2, say B1G teams?
|
|
|
|
|
|
Orange Blooded [2070]
TigerPulse: 91%
Posts: 1825
Joined: 1/7/00
|
I see your point. Thanks.***
Apr 23, 2013, 5:32 PM
|
|
*
|
|
|
|
|
|
Scout Team [150]
TigerPulse: 65%
Posts: 819
Joined: 11/30/98
|
Only members of the conference. . .
Apr 23, 2013, 4:04 PM
|
|
will be paid out. Yes, the Clemson TV money would flow to the ACC, but it would not flow back to Clemson in any form of a payout.
|
|
|
|
|
|
Replies: 13
| visibility 1
|
|
|
50
