When is your horse, not your horse...?

The following is taken from International Horse Federation website.....

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Horseracing industry calls for protection of racing data and images
The International Federation of Horseracing Authorities (IFHA) has called today upon the member countries of the United Nations’ World Intellectual Property right Organisation (WIPO) in Geneva to improve the legal protection of racing data and images. The IFHA made the call to government representatives at the WIPO Standing Committee on Copyrights and Related rights, which meets in Geneva from 10 to12 March to discuss a new Broadcasting Treaty. The IFHA is attending the meeting as formal observer.

“With a race somewhere in the world every 3 minutes 24 hours a day, 7 days a week, horseracing is the main driver of the betting industry”, says IFHA Exective Director Maurits Bruggink, “it is also an expensive product to produce and it is therefore absolutely fair and normal that betting operators who base their business model on our activity contribute to its costs. Racing data and images are the commercial result of our activity for which operators should rightfully pay.”

The IFHA urges the WIPO member countries to introduce specific provisions to protect distribution through new digital platforms, like simulcasting and webcasting. They allow for the real-time view of races, which is particularly relevant for betting and therefore sensitive for piracy. The existing traditional laws, like copyrights, are not sufficiently geared towards the protection against new forms of digital distribution.

The IFHA will discuss the matter with a number of countries this week and looks forward in making a continuous contribution to the establishment of international IPR legislation.

The IFHA is the single representative body for the global racing industry with members from over 50 countries, including all the main racing nations. It was created in 1993 to harmonize the rules of member countries regarding breeding and racing in order to maintain the integrity of each, to protect the welfare of industry participants both human and equine and to promote fair trade in the racing and betting product.

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This is an image of Mauritz Bruggink of Intfed (creator of the Gloibal Trifecta), who is quoted above,



I regret I have not requested his permission to publish the above but I'll risk it for now in the name of sensible debate.

Although it is not mine, I am in total control of the image of Mr. Bruggink, if I want to, I can turn this co-mingler on his head.



See, I've done it. So what you may be thinking....

Now lets introduce into the debate ABC forum favourite Mans Mood (below)



Who's intellectual property is the image of Mans Mood, be it a still shot as above, or participating in a live race broadcast on TV or the web...?

Is it

1) his owners, Cuckoo, the Milkman and associates...?

2) our 4 legged friend himself...?

3) If its a still, is it the photographer who took the shot..?

4) If it's a live telecast, is it the broadcaster..?

5) Does his jockey have a claim, he is in the image also....?

6) The racing operator at the track Man's Mood is running at...?

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So it would transpire that Intfed are encouraging their members to push the betting operators (and who knows who else) to pay more for images and data of the racing product and that they believe images of Mans Mood to be their IPR and copyright.

In summary then, is this man the world's biggest "virtual" owner...?



Bear in mind who owns the SA tote and operations such as Betting World, what on earth would happen here if gaming operators were asked to pay more....?

how best to go forward, Chris. the point Bruggink and IFHA are making (some time ago, i think?) is that betting rights are not recognised as IP, so they are turning to governments to protect something that (rightly or wrongly) doesn't currently have the protection of law or recognised by commerce.

and then if you do it for racing you have to do it for all sport, and then how do you police it?

bizarre comment though: "horseracing is the main driver of the betting industry". isn't it the other way around?

by the way i think there is no IP in the horse, but would be interested to hear other views: owners enter their horses for a chance of winning prize money, but the racing operator creates and hosts the competition.

that is not to say owners should not get more from the racing operator - for example Tiger Woods gets $1m just for teeing up.