Mandator Law reinforces the right to reserve a percentage per transmission – 08/27/2021

By Gabriel Coccitrone

Last Tuesday (24th), the Federal Senate approved PL 2.336/2021, called the Mandating Law, which exclusively attributed the right to the arena, referring to the transmission of the game, to the club that ordered soccer matches. Reported by the senator and former footballer Romário (PL-RJ), the text was unanimously approved, with 60 votes, and is now being sanctioned by President Jair Bolsonaro (no party).

Last year, the issue was addressed through Provisional Measure 984/2020, which ended up losing its validity without having been voted on. Despite being very similar, PL is different in some points.

In the wording of Provisional Measure 984, the transfer to players, including reserves, of 5% of the amount collected by clubs with the right to the arena would be assured. In the initial version of the PL, the amount would also be prorated with coaches and referees, but the rapporteur removed the addition of these two classes.

For the lawyer Maurício Corrêa da Veiga, the inclusion of reserve players in the transfer is correct.

“Players who are on the bench are also participating in the show. Their images are propagated before the matches and they are able to play, they can enter the field at any time and even be sent off while they are on the bench. So, very fair. it is the legal provision contained in the PL that ensures this right to athletes. Even the labor jurisprudence already decided in this regard, with this clear legal provision, there will be no more doubts”, justifies the specialist in sports law and columnist of the Law in the Field.

The journalist, lawyer and author of this column, Andrei Kampff, follows the same line.

“The Law is clear in saying that athletes who participate in the game are entitled to 5% of the Arena Rights values. Well, whoever is on the bench has not stayed at home and is working. He signed a summary, it could be expelled, has an image used, gives guidance and is always the object of analysis to change the game’s strategy. Therefore, he participates in the game. Doctrine and jurisprudence have also had this reading.”

Senator Izalci Lucas (PSDB-DF) even presented an amendment to include coaches in this division. But, as the suggestion was not accepted by the rapporteur, Izalci asked that his amendment be voted separately. After negotiations in the Plenary, the senator removed the highlight and informed that he will present a specific project on the issue.

The changes provided for in the bill will be made in the Pelé Law (Law 9.615/98), which today provides for the division of image rights between the home club and the visiting club. With the change, the TV, platform or radio station interested in broadcasting the match will need to negotiate only with the owner of the house, and no longer with the two.

In addition, the club itself will be able to broadcast the game, thus opening up a new possibility of revenue source. According to the text, if there is no definition of the game control, the capture, fixation, emission, transmission, retransmission or reproduction of images will depend on the agreement of the two clubs.

After the result, senator Romário celebrated the approval, explaining that the current model is vulnerable to deadlocks and favors the formation of monopolies over arena rights.

“In our view, the constant measures of the project are positive and tend to bring good results to the ecosystem of Brazilian professional sport, especially for football,” said Romário to the ‘Agência Senado’.

According to the former player, the new rule will increase competitiveness in the negotiation of broadcasting rights, which benefits football clubs.

“This project gives autonomy to the main club and modernizes Brazilian football a lot. The new legislation proposed is positive, as it opens up space for new negotiations to emerge,” he added.

There is no forecast when the bill will reach President Jair Bolsonaro.

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