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Exec: Racing Needs Control over Information

ARIZONA – As reported by the Thoroughbred Times: "If the sport of horse racing does not take action to protect its intellectual property, it could face decline as the value of its products slips across the world.

"That was the stern warning delivered on Wednesday by Alan Marzelli, president of the Jockey Club and chairman of Equibase Co., during a panel discussion at the 30th annual Symposium on Racing in Tucson, Arizona.

"…In the past, racing could easily control its property since almost all use was done at racetracks, from the distribution of handicapping information, to wagering, to the actual racing events.

"With the rise of simulcasting, which now accounts for 86% of wagering, and Internet gambling sites, the various elements of racing's intellectual property have become 'unbundled,' [Randy Foster of the intellectual property group of the Northwest-based Stoel Rives law firm,] noted. Data can be retrieved from many sources, and thus racing leaders must consider recasting their economic models.

"…To control intellectual property, Foster said businesses must make sure they own it in some legally protected way, such as through trademarks and copyrights, as well as utilize protections available, police their rights, and delineate restrictions on use through carefully worded contracts.

"…In today's world, the chief economic opportunity for racing appears to be through wagering and not the racing product itself, somewhat like the fact that selling ink for printers is more lucrative than producing and selling printers, Foster added…"

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