‘It’s a dangerous time to go dark’: Advertisers prepare for an uncertain summer
Irwin Kishner, co-chair of Herrick's Sports Law Group, was quoted in Digiday on how advertisers have to adapt their original strategies for the summer of 2020 to adjust to modified consumer behavior as a result of both the quarantine as well as the ongoing social distancing guidelines.
With respect to the return of live sports, the article notes that advertisers are reluctant to spend media dollars without greater flexibility to only pay for what is shown. Advertisers are seeking contingency clauses and additional protections against the possibility of lost income to mitigate losses caused by further event cancelations. These demands could create more diverse rights deals that go beyond live-action such as "behind-the-scenes footage and fan-led content."
“Undoubtedly, people are going to develop language that is going to be applicable to these types of deals,” said Kishner adding that “[t]hose clauses are going to live on for many years.”