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Legal Updates: Nfts And Fan Tokens In Sport: Yellow Card From The DCMS Committee?




Following a comprehensive inquiry initiated in 2022, the Digital, Culture, Media and Sport (DCMS) Committee has released its report titled "NFTs and the blockchain: risks to sport and culture." The key findings of the report outline two primary concerns:


Financial Risks to Supporters: The report emphasises that the promotion of crypto assets in professional sports poses a potential risk of financial harm to supporters, which could also tarnish the reputations of the involved sports clubs.


Recommendation on Fan Engagement Metrics: The DCMS Committee recommends that the measurement of fan engagement explicitly excludes the incorporation of fan tokens, signalling a cautious approach to the integration of these tokens into the assessment of fan interaction.


NFTs and Fan Tokens


NFTs, serving as unique digital identifiers on a blockchain ledger, have created novel commercial opportunities for athletes, clubs, and leagues. Notable examples include Manchester United's digital fan collectibles and the "NBA Top Shot" marketplace for trading basketball highlights. Fan tokens, a subset of utility tokens, grant holders special privileges in voting on club decisions, contributing to merchandise designs, and accessing unique fan experiences.


The DCMS Committee's latest recommendations highlight the delicate balance required to capitalise on new digital commercialisation opportunities while safeguarding fan interests. This aligns with broader government plans to enhance fan engagement standards and establish an independent regulator for men's elite football.


NFTs have triggered significant IP disputes, with an Italian court issuing a landmark ruling prohibiting the use of Juventus football club's trademarks in NFTs without proper consent. The report acknowledges the broader impact on art and culture and suggests two key recommendations to address IP issues:


Code of Conduct for Online Marketplaces: Proposing the introduction of a code of conduct for online marketplaces in the UK to protect creators, consumers, and sellers from infringing and fraudulent content.


Engagement with NFT Marketplaces: Recommending that the UK government engage with NFT marketplaces to address the scale of infringement and enable rights holders to safeguard their IP effectively.


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