David Becker, the general counsel of the International Cricket Council (ICC), shares the joys and challenges of being in charge of the legal affairs of one of the world’s fastest-growing sports
For the love of the game
There’s little doubt that David Becker is the envy of every self-respecting, cricket-loving lawyer in the world. His position as general counsel of the International Cricket Council (ICC) — the game’s international governing body— means he is afforded an opportunity rarely extended to many of his peers: the ability to indulge two of his biggest passions, the law and the game of cricket. “I am immensely lucky to have this job,” said Becker, a self-professed cricket tragic. “I have been following cricket since I was a child and to now oversee the legal affairs of the ICC is both personally and professionally satisfying.”
But his position isn’t all fun and games, so to speak. Becker and his four-strong legal team advise the ICC on matters that span the entire spectrum of corporate law. From regulatory issues to IP protection and enforcement, player security and sponsorships, as well as the seemingly ever-present threats of corruption, match fixing and ‘rogue’ leagues, it is clear that Becker’s position is as exigent as it is enjoyable.
“I’ve been an M&A lawyer at a Magic Circle firm, represented people like Ernie Els, David Beckham and Michael Schumacher, and worked on high-profile football transfers, but my current position is just as, if not more challenging,” he said. “I am not only advising the president and executive of the ICC on legal issues but also on strategic decisions. The legal function is so integrated into everything the ICC does. We are at the forefront of change in the game and the work that we are doing now will have a real impact on a game that is a big part of life for millions of people for many years to come.”
Custodians of the game
Cricket is somewhat unique among sports, as few sports are able to bridge geographical, cultural and socio-economic divides as cricket does. Even fewer are as capable of metamorphosing to keep up to speed with broader social changes. Over the past 40 years cricket has spawned two entirely new formats— one-day internationals (ODIs) and Twenty20s (T20s), both of which are shortened variations on five-day test cricket and have revolutionised the game.
But cricket’s development is still very much a work-in-progress. From consolidating the positive inroads it has made in the US, China and many other places to an expansion of its foothold in traditional strongholds in the subcontinent, it’s clear that the next 40 years will bring to the game just as many opportunities.
But as the game’s following (and, in turn, its commercial potential) continue to flourish, so too do the legal issues confronting it. Here, Becker puts online piracy at the top of the list and says that it is becoming so widespread that it has the potential to affect the commercial integrity of the sport. “At the moment cricket is one of the most pirated sports in the world,” says Becker. “Websites that illegally stream cricket matches are increasing by the day and are having a noticeable impact on broadcast rights and their value.”
Becker points out that the game’s most significant revenues, in places such as India, depend on broadcast rights, the value of which depends on exclusivity. He estimates that there may be as many as 500 infringing websites in India alone and expects this number to grow as the sites and their operators become more sophisticated. “Most of these websites had previously operated on a subscription model, where they charged users a fee to access content to an advertising-based model where users can log on for free…this had seen the number of users, and sites, increase.”
But while cricket is not alone in the fight against online piracy (football, golf and boxing are all engaged in similar battles) it has set itself apart from other sports in how it has dealt with the issue. Instead of embarking down the long – and often unsuccessful – path of outright enforcement, the ICC’s conciliatory approach has proven much more effective.
“We have devised a bespoke approach where we work with key stakeholders like national cricket bodies and broadcast partners like ESPN and Star Sports,” said Becker. “We employ an online monitoring agency to keep track of infringing websites after which we negotiate ‘take down’ agreements with each of them. This has proved immensely successful and we have removed about 90% of these illegal websites.”
Evolution of sports law
Just as conspicuous as the growth of sports like cricket, football, golf and many others is the evolution of sports law. Over the past decade it has evolved from what Becker calls a “part-time practice” into a practice area in its own right. It now allows more than enough work to provide sustenance for a number of specialist law firms in the US and UK or pique the interest of international law firms.
Despite its growth, Becker says that there are still only a small number of experts who can be called upon in the area, even less if one excludes the growing corpus of sports lawyers in the UK from a search. “Ten years ago sports law was just blossoming as a practice area,” he says. “There were hardly any law firms who had the capacity to deal with sports law issues, let alone any law firms who dealt with it on a full-time basis. But because sports, in general, have become so commercially lucrative, a number of firms have expanded into the area. Larger commercial law firms have good pockets of experience,” he notes, singling out UK-based Olswang, Bird & Bird and Australian-based Mallesons Stephen Jaques for special mention. “The specialist practices have a very good reputation as ‘go-to’ firms, but there are still only a handful of really solid sports lawyers around.”
It’s no surprise then that when Becker needs external counsel he looks to specialists. “We look for specialists in the sports law business,” he says. “I want to use lawyers who know our business, but are also familiar with the governance structure of sport in general.”
For those firms considering a sports law presence, Becker believes that investment is a worthwhile one and offers the following advice. “A sports lawyer is essentially a commercial lawyer who also has a good grounding in IP, because what you are essentially dealing with in sports law is the issue of rights: the protection and exploitation of them,” he says. “This can impact not only the commercial integrity of the sport, but also the people who play it at all levels.” ALB
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