Abstract
Contracts for large-scale media distribution, such as those between sports leagues and broadcasting companies, often include matching rights—rights which guarantee a media distributor the ability to continue distributing content for as long as they can match the bids of third parties. These rights grant media distributors security in their relationships with rights-grantors, and they deliver a more predictable viewing experience for consumers. However, it is not always clear what constitutes a "match."
With the rise of streaming and big tech’s infiltration into legacy media strongholds such as live sports, the need to define a match is increasingly relevant. This Comment examines matching rights under the common law and argues that traditional broadcast television distributors will rarely be able to match the offers of third parties who distribute content via other means, such as streaming. This Comment recommends that media distributors bargain for forward-thinking language in their contracts with rights-grantors to safeguard them against future innovation. This Comment also considers how sports leagues that divide media rights in pursuit of profit burden consumers who have historically incurred higher costs whenever there has been greater upstream competition for media rights.
Included in
Antitrust and Trade Regulation Commons, Banking and Finance Law Commons, Commercial Law Commons, Contracts Commons, Entertainment, Arts, and Sports Law Commons