Broadcasting the 2006 World Cup: The Right of Arab Fans versus ART Exclusivity

Abstract

Part I of this article will first provide background on the ART deal in its relation to the World Cup. Part II will discuss the economics of exclusivity, and the likely social effects on Arab fans. Because broadcasting is related to copyright law, Part III of this article will provide an overview of the attempts made by Arab countries to improve copyright protection. Additionally, this section will discuss how ART’s exclusive rights will be analyzed under the existing copyright laws of Arab countries. Part IV will investigate the antitrust implications of ART’s exclusive rights. Finally, Part V will provide some solutions to the issue of ART’s exclusivity that attempt to balance the right of Arab fans and the development of a diverse broadcasting industry in Arab countries. This article concludes that given current trends regarding World Cup broadcasting in Arab countries, legislative or regulatory action should be taken to guarantee that World Cup matches are available to all Arab fans regardless of their ability to gain access to or afford pay television. In sum, Arab fans should come first.