Practice area
Sports & Entertainment
Talent contracts, sponsorship, broadcasting and IP in sport.
Overview
Sports and entertainment law is the practice of advising athletes, artists, performers, producers, broadcasters, sponsors, and sports bodies on the legal and commercial aspects of their careers and businesses. In Kenya, this area has grown significantly with the professionalisation of sport, the expansion of the creative economy, and the increasing commercial value of talent and content. The legal framework draws from contract law, intellectual property law, employment law, tax law, and sector-specific regulations — including the Sports Act, 2013, the Kenya Copyright Board regulations, and the regulations of the Communications Authority for broadcasting.
Advocates offering this service act for athletes, coaches, agents, sports federations, clubs, and sponsors. Advocates draft and negotiate athlete contracts — including playing contracts, endorsement and sponsorship deals, image rights agreements, and transfer agreements. Advocates advise on the tax structuring of athlete income, the management of image rights, and the protection of an athlete's personal brand. Advocates handle disputes before sports tribunals — including the Sports Disputes Tribunal of Kenya, the Court of Arbitration for Sport (CAS) in Lausanne, and the dispute resolution bodies of international federations.
Advocates also advise sports federations and clubs on governance, regulatory compliance, the management of broadcast rights, and the negotiation of sponsorship and merchandising agreements. The work also covers the structuring of sports events, including the negotiation of venue agreements, ticketing arrangements, broadcasting agreements, and the management of event-related intellectual property. Advocates advise on the anti-doping framework under the Anti-Doping Act, 2016 and the World Anti-Doping Code, and they represent athletes in anti-doping proceedings.
Advocates offering this service act for musicians, actors, filmmakers, authors, producers, and record labels. Advocates draft and negotiate recording contracts, publishing agreements, management agreements, distribution agreements, and licensing agreements. Advocates advise on the ownership and exploitation of copyright in musical works, sound recordings, films, and literary works, and they handle the registration and enforcement of those rights with the Kenya Copyright Board. Advocates act in disputes over royalty collection and distribution, including matters involving the Music Copyright Society of Kenya (MCSK), the Kenya Association of Music Producers (KAMP), and the Performers Rights Society of Kenya (PRISK).
Advocates also handle the legal aspects of film and television production — including option agreements for underlying rights, production financing agreements, co-production agreements, talent agreements, and distribution agreements. Advocates advise on the Kenya Film Classification Board's licensing and content classification requirements, and they handle disputes over content classification and censorship.
For the events and live entertainment sector, they advise on venue hire agreements, artist performance contracts, ticketing arrangements, and the management of event-related liabilities. Advocates handle the negotiation of sponsorship agreements for events, festivals, and concerts, and they advise on the insurance and risk management aspects of live events.
What’s typically covered
- Athlete, artist and talent management contracts
- Sponsorship, endorsement and brand-ambassador agreements
- Music, film and content licensing and royalties
- Broadcasting and image rights
- Disputes before sports federations and the Sports Disputes Tribunal
- Event agreements and promoter contracts
Typical scenarios
- An athlete reviewing a management contract before signing with an agent.
- A musician whose song was used in an advert without a licence.
- A club appealing a federation’s disciplinary decision.
FAQs
Sports & Entertainment: common questions
The Sports Disputes Tribunal, established under the Sports Act, hears appeals from sports federations’ decisions and other sports-related disputes. Some international disputes go to the Court of Arbitration for Sport.
Through licensed collective management organisations, which collect royalties from broadcasters and venues and distribute them to members, and through direct licensing deals. Registering your works and keeping records makes collection easier.
The length of the term, the manager’s commission and what it is charged on, who controls bookings and money, exclusivity, ownership of content, and how either side can end the agreement. Have it reviewed before you sign.
Using a person’s image to advertise without consent can infringe their constitutional right to privacy and may amount to passing off or a breach of consumer protection law. An advocate can advise on stopping the use and claiming compensation.
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