(12-25-2014 01:23 PM)Dasville Wrote: Here is another good link to read:
Myth of the Big 12's Grant of rights.
Where I read:
Quote: A grant of rights is a contract between each individual school and the conference pledging the school's media rights to conference for a number of year.
Except no, its not, its a contract
granting the school's media rights to a conference for a number of years. This happens all the time in media licensing deals ... for instance, Marvel has long had a deal that grants the rights to Spider Man to Sony, and Marvel now has Marvel Studios, and it would like to also use Spider Man in its Avengers universe movies.
But it has not
pledged to give the right to Spider Man at some future date, it has
given the right over the period of time covered by the contract. A copyright is not a physical thing, its a legal status in the first place, so signing a rights contract is not about promising to do a physical thing, its about granting the other party a legal status.
So if it wants to get Spider Man,
it needs to do a deal with Sony.
Quote: Like all contracts, it can be broken. School X, member of Conference A who has granted its media rights to Conference A, thinks it can make more money in Conference B. So School X leaves Conference A for Conference B placing its media rights in Conference B. Now School X's games will be distributed by both conferences.
Exclusive rights that have been granted are no longer the original rights holder's to grant. It is a very strong precedent that the prior grant of right will supersede the later one: without this, massive media deals worth much more than the value of a conference contract per year would fall apart.
Quote: Conference A would love to force School X to leave its media rights with Conference A, requesting a court require specific performance of the grant of rights.
And this reads like nonsense posing as argument ... there is no need to require "specific performance of the grant of rights". Indeed, there is no need for Conference A to sue the school at all. Conference A can directly sue whatever media company is using the intellectual property without the permission of Conference A, demonstrate in court that it has a valid exclusive rights, and the media company then requires their permission to proceed, and does
not require the permission of Conference B to proceed. Just like Sony could sue anybody that attempted to show a Marvel Studios movie containing Spiderman if Marvel Studios was to include Spiderman in the movie without the permission of Sony as the incumbent rights holder.