(Draft for Comment)
(China Basketball Association released in 2005)
Article 1 In order to protect and make full use of the legitimate rights and interests of the Chinese Basketball Association and its members, basketball leagues at all levels and the overall commercial resources, and promote the healthy development of basketball in China, these Measures are formulated in accordance with relevant laws and regulations and relevant documents of the State Sports General Administration, combined with specific conditions.
Article 2 The Chinese Basketball Association refers to the Chinese Basketball Association and its authorized units.
Article 3 The league refers to China Men's Basketball Professional League (CBA League), China Women's Basketball League (WCBA League) and National Men's Basketball League. If necessary, it also includes basketball leagues at all levels sponsored by other basketball associations in China.
Article 4 A team refers to a club registered with the Chinese Basketball Association and/or a basketball team formed by it according to regulations.
Article 5 An athlete refers to an athlete in a club registered with the Chinese Basketball Association and/or a team formed by it according to regulations.
Article 6 The athlete's personality refers to the athlete's personal name, nickname, signature, name, image, events and other identifiable personality characteristics that do not directly or indirectly indicate his relationship with the Chinese Basketball Association and/or leagues and teams in any way.
Article 7 The characteristics of athletes refer to the names, nicknames, signatures, names, images, events and other identifiable characteristics of athletes who participate in or show the relationship or contact with the Chinese Basketball Association and/or leagues and teams in any form. Including, but not limited to, the personal images or characteristics of athletes participating in Chinese Basketball Association and/or league matches, any activities and other activities of teams organized by Chinese Basketball Association, personal images of athletes wearing uniforms of Chinese Basketball Association or league matches and teams, and personal images or characteristics of other athletes directly or indirectly related to Chinese Basketball Association and/or league matches and teams in the name of Chinese Basketball Association, league matches and teams and/or in any other way.
Article 8 The collective characteristics of athletes refer to the names, nicknames and signatures of three or more athletes who appear or use at the same time, as well as other identifiable collective characteristics such as images related to the Chinese Basketball Association and/or leagues and teams, including group images composed of individual images of athletes, but the combination shall not particularly highlight the characteristics of one of them.
Article 9 An individual sponsorship agreement refers to a contract or agreement signed between an individual athlete and another party, which authorizes the other party to use the athlete's personality characteristics and collect royalties and/or sponsorship items.
Article 10 Active athletes of China's national basketball team refer to those who are training in China's national basketball team. If it is in the non-training period, it refers to the players selected for the national team and/or the national training team in the latest training period.
Article 11 The Chinese Basketball Association has the right to enjoy the exclusive ownership and right to use the characteristics of athletes in any form in the world, and may authorize others to use them. Without the written permission of chinese basketball association, athletes shall not use or allow a third party to use the characteristics of athletes in any form.
Article 12 The right of Chinese Basketball Association to use the characteristics of athletes on a global scale is limited to all kinds of public relations and market development activities of Chinese Basketball Association or league. With the written consent of athletes and reasonable fees paid to them, chinese basketball association can make use of the characteristics of athletes to directly endorse specific products or services or package and sell specific products.
Article 13 The Chinese Basketball Association enjoys the exclusive ownership and right to use the collective characteristics of athletes worldwide, and may authorize others to use them. The scope of use includes but is not limited to public relations, publicity, promotion, market development, packaging and sales.
Article 14 chinese basketball association authorizes the team to enjoy the right to use the collective characteristics of its athletes, but the scope of use is limited to all kinds of public relations and market development activities of the team, and it may not be used to directly endorse specific products or services or package and sell specific products, and the name, logo, advertisement or other forms of expression of brands competing with league sponsors may not appear in public relations and market development activities (including but not limited to events and activities). Sponsors of group names must declare to chinese basketball association, and after approval, they can make use of the collective characteristics of the athletes of the team to promote, sell and package their products.
Article 15 The Chinese Basketball Association has the right to photograph, record or produce the characteristics of athletes or the collective characteristics of athletes in league matches or other related activities, or at a reasonable time and place designated by it, and athletes should cooperate sincerely. The resulting copyright and other intellectual property rights of photos, pictures, videos and printed matter are exclusively owned by chinese basketball association.
Article 16 Teams and athletes must participate in commercial competitions arranged by chinese basketball association (no more than 8 games per year) and sponsor promotion activities attended by three or more league athletes (no more than 6 times per year), and have the obligation to participate in public welfare activities and publicity and promotion activities in chinese basketball association and the league for free. Athletes who are also active players of the Chinese national basketball team shall, in addition to the requirements of this article, fulfill the obligations of the national team in relevant commercial competitions and publicity activities.
Article 17 In addition to observing Article 16 of these Measures, athletes must also participate in commercial competitions or activities reasonably arranged by the team, and have the obligation to participate in public welfare activities and publicity activities organized by the team free of charge, but they shall not contravene Articles 14 and 16 of these Measures.
Article 18 When developing and selling the licensed uniforms and equipment of three or more league players, chinese basketball association has the right to sell the originals of the league uniforms and other equipment worn by athletes with their names and numbers printed on them.
Article 19 Chinese Basketball Association has the right to develop and sell or authorize others to develop and sell league and team logo products with the characteristics of athletes and players worldwide, including trophies, badges, posters, star cards, stamps, telephone cards, pennants, dolls, stickers, etc., and display sponsors' logos on related products. However, if the following conditions are met at the same time, chinese basketball association should use the characteristics of athletes and players on the logo products and remove the logo of chinese basketball association or league sponsors from the logo products (except the logo of the star card manufacturer):
(1) Before the promulgation of these Measures, athletes have signed sponsorship agreements to allow specific products to use athletes' personality characteristics.
(two) the agreement from the date of promulgation of these measures is still legal and valid (limited to the original agreement, excluding its subsequent agreements).
(3) The products sponsored by individual athletes conflict with those sponsored by chinese basketball association or the league.
(4) Athletes have submitted a true and accurate individual sponsorship agreement to chinese basketball association on time and completely in accordance with these Measures.
Article 20 The Chinese Basketball Association has the right to sign sponsorship agreements on awards established by the Chinese Basketball Association and/or leagues. Athletes are required to accept awards from chinese basketball association and/or the League and attend relevant award-winning activities, regardless of whether the individual sponsorship agreement directly or indirectly prohibits them from participating in relevant award-winning activities. Sponsors of chinese basketball association and/or League Awards can publicize the fact that athletes have won or been nominated through appropriate means (such as congratulatory advertisements), and can reasonably use the image of athletes as winners or nominated athletes in publicity and promotion.
Article 21 Sponsors or authorized persons of the Chinese Basketball Association shall not use athlete characteristics in footwear products.
Article 22 When using or authorizing others to use the collective characteristics of athletes and the characteristics of athletes, the Chinese Basketball Association should try its best to maintain and protect the image of athletes. When using the collective characteristics of athletes, teams should also try their best to maintain and protect the image of athletes.
Article 23 When athletes use or authorize a third party to use their personal characteristics for any commercial sponsorship and promotion activities, they shall not infringe on the commercial rights and intellectual property rights of chinese basketball association, leagues and teams, including not using or allowing a third party to use their personal characteristics and the names, names, logos, colors, competition venues, competition training facilities and competition uniforms of chinese basketball association, leagues and teams without the written permission of chinese basketball association.
Twenty-fourth athletes shall not engage in advertising activities that damage the image of chinese basketball association and/or leagues and teams, or that are not commensurate with the identity and industry characteristics of athletes, especially those related to tobacco and alcohol products.
Article 25 The individual sponsorship agreement of athletes must be handled by a registered broker in chinese basketball association, and can only be signed with the approval of his team. On this basis, the active athletes of the national team must report to chinese basketball association for approval before signing the contract.
Article 26 When athletes register for the first time after the promulgation of these Measures, they should declare the complete texts of all individual sponsorship agreements signed by them to chinese basketball association as an annex to the registration documents, and indicate the name, ID number, telephone number, mobile phone number, fax number, address, postal code and e-mail address of the broker. Chinese basketball association has the responsibility to keep the individual sponsorship agreement submitted by athletes strictly confidential. Athletes who sign new individual sponsorship agreements (including new signing and renewal agreements) during the registration period shall report to chinese basketball association for the record within ten days after signing. For individual sponsorship agreements of athletes that violate laws and regulations, relevant regulations and measures of the State Sports General Administration and chinese basketball association, chinese basketball association has the right to deny the validity of some clauses or the whole agreement, and ask the athletes to modify or terminate the agreement. For athletes who fail to declare their personal sponsorship agreement in time or cheat, chinese basketball association will punish them according to the seriousness of the case, except for not recognizing the effectiveness of their personal sponsorship agreement. Athletes cannot fulfill the individual sponsorship agreement for the above reasons, and the losses or legal disputes arising therefrom shall be borne by the athletes themselves.
Article 27 When participating in competitions, training and attending press conferences, athletes should wear the full set of equipment provided by chinese basketball association or the League according to regulations (including but not limited to competition clothes, training clothes, warm-up clothes, sports jackets, sports shoes, wrist guards, bags and other accessories), and they are not allowed to change or cover any part of the name, logo or pattern on the clothes or equipment without authorization. According to the requirements of individual sponsorship agreement, athletes who intend to wear designated brand sports shoes must abide by the unified regulations and requirements of chinese basketball association and the League.
Twenty-eighth athletes should obey and implement the relevant regulations and measures of the State Sports General Administration, the Chinese Basketball Association and the league. Athletes who are also active players of the Chinese national basketball team shall abide by the relevant regulations and measures of the national team in addition to these measures. Chinese basketball association fully respects athletes' commercial commitments and does not conflict with the relevant regulations and measures of the State Sports General Administration, chinese basketball association and the League.
Article 29 For athletes who violate these measures, chinese basketball association will not only warn them and ask them to correct the violations, but also impose a fine of 5,000-20,000 yuan/time according to the specific situation, which will be accumulated in turn. Chinese basketball association has the right to suspend or cancel its qualification as a registered athlete if the consequences are particularly serious, the influence is bad or it refuses to correct. For economic losses or other legal disputes caused by athletes' violation of these measures or other improper behaviors, athletes shall bear relevant economic compensation and legal responsibilities.
Thirtieth these measures are in conflict with laws, regulations and the provisions of the State Sports General Administration, or are not mentioned in these measures, these measures shall prevail.
Article 31 The right to interpret these Measures belongs to the Chinese Basketball Association.
Article 32 These Measures shall be implemented as of the date of promulgation.