77 TELEVISING OF MATCHES
77.1 No audio and/or visual footage from any match in any competition conducted by The League shall be televised or recorded or transmitted by internet, television, mobile networks, satellite or cable or any similar method except with the written consent of The League nor shall any Club take part in any match (except matches in the Football Association Challenge Cup Competition) which is to be televised or recorded or transmitted by satellite or cable or any similar method without first obtaining the written consent of The League.
77.2 The League or any subsidiary or associated company of The League or duly authorised agent or broadcaster (and its respective employees and agents) shall be allowed access to the grounds of all Clubs (and to the television gantries, camera positions and facilities) for the purpose of recording or broadcasting matches arranged under the jurisdiction of The League.
78 TELEVISION PAYMENTS TO THE PFA
78.1 The League shall pay to the Professional Footballers’ Association for education, insurance and benevolent purposes, such amounts as shall be established in accordance with the separate agreement between The League and the Professional Footballers’ Association in existence from time to time. No other payment for appearing on television shall be made to the Players.
79 COMMERCIAL AGREEMENTS
79.1 A ‘commercial contract’ shall include, but not be restricted to, any contract or agreement relating to television or broadcasting rights, the making of films or recordings of matches, the production of videos or any similar reproduction device, sponsorships, merchandising and advertising (including perimeter board advertising).
79.2 The Board is empowered on behalf of The League to enter into any commercial contract which is considered to be in the best interests of The League and the Clubs save that the Board is not empowered to enter into any contract or agreement relating to television rights or any other commercial contract which represents more than 25% of the projected income of The League over the period of the contract or agreement, unless such contract or agreement has been approved in principle:
79.2.1 by a majority of the votes cast by all Member Clubs; and
79.2.2 at the same time by a majority of the votes cast by all the Member Clubs which are then in the Championship Division,
in each case present and voting either in person or by proxy . A meeting to consider a resolution under this Regulation shall not be a general meeting of The League and the provisions of Articles 8.1 and 8.2 (minimum notice periods) shall not apply.
A resolution under this Regulation shall be sought at close of bidding and recommended offer stage, however the Board shall be entitled to seek further ratification of the approval granted if the Board considers there to be material changes which arise out of the negotiation process.
79.3 Any contract agreement so entered into by The League shall be binding upon Clubs and Clubs shall not enter into commercial contracts which are at variance with commercial contracts entered into by The League.
79.4 The League shall inform Clubs of the relevant terms of all such commercial contracts entered into by The League and when doing so can (without prejudice to the rights of The League to bring proceedings before a Disciplinary Commission for breaches thereof) designate certain requirements of those commercial contracts as strict liability offences in accordance with Regulation 88 and subject Clubs to the imposition of fixed penalties in the event of default.
79.5 In any event, each Club shall indemnify The League against any liability The League may incur in the event of a finding by a Court of Law or other body of competent jurisdiction that The League induced the Club to breach a contract with a third party as a result of requiring the Club to comply with this Regulation 79.
79.6 The League shall establish a Commercial Committee to advise and assist the Executive and the Board on all matters relating to the negotiation of all commercial contracts relating to television, broadcasting and radio rights and Internet programming and title sponsorship of The Championship. The terms of reference relating to the operation of the Commercial Committee will be determined by the Board and the Commercial Committee and communicated to all Clubs.
79.7 The Commercial Committee shall be made up as follows:
79.7.1 the Chief Executive;
79.7.2 three representatives of The Championship;
79.7.3 one representative of League One; and
79.7.4 one representative of League Two,
with the representatives listed at Regulations 79.7.2 to 79.7.4 inclusive being the ‘Club Representatives’.
79.8 Every candidate for the role of Club Representative must be either:
79.8.1 a commercial director (or equivalent); or
79.8.2 a director, chief executive or other senior Official with relevant commercial experience,
of a Member Club in the relevant division. No Club may appoint more than one Club Representative at any one time.
79.9 Every candidate for the role of Club Representatives shall complete a nomination paper in the form required by The League and the completed form must be filed at the Registered Office.
79.10 The League will conduct a ballot of the Clubs in that Division to determine or ratify (where the number of nominations match the number of vacancies) the nominated Club Representatives.
In terms of transition arrangements, the current Commercial Committee members will stand down at the date of adoption of these Regulations but will be eligible for re-election (subject to fulfilling the criteria) under the new Regulations and any prior service will not count towards the first term limit.
79.11 Each Club Representative will be required to enter into an agreement with The League outlining their roles and responsibilities, which will also need to be countersigned by their Member Club. All League matters reported to or discussed amongst the Commercial Committee must be treated in strict confidence (and in any case in accordance with the confidentiality obligations set out in the Club Representative’s agreement with The League). The term of office of each Club Representative shall be three Seasons, subject to the provisions of Regulations 79.7 to 79.9.
79.12 Any commercial contract recommended by the Commercial Committee shall nevertheless remain subject to formal approval of the Board (and where applicable approval of the Clubs pursuant to Regulation 79.2).
79.13 Where there is any conflict between a commercial contract entered into by a Club and one entered into by The League then the latter shall prevail and Clubs shall reflect this Regulation in any of their commercial contracts.
79.14 Where, however, a Club has registered a commercial contract with The League then The League shall pay compensation to the Club in the event of The League entering into a commercial contract which is at variance with the Club’s registered commercial contract and where, as a result of the provisions of The League’s commercial contract prevailing, the Club incurs a financial penalty or loss of income, provided always that the Club shall take all reasonable steps to mitigate any such penalty or loss.
79.15 The compensation payable by The League to a Club under the foregoing provisions shall be such as is agreed between the parties or in default of agreement as determined in accordance with Section 9 of these Regulations.
Clubs are reminded that the facilities required at each ground will depend upon the terms of each commercial contract. Details can be obtained from the Commercial Department. League and Cup competitions differ.
80 PROGRAMME ADVERTISING / EDITORIAL
80.1 Where a Club produces a match programme, the Club must make available one full page of advertising or editorial material in that match programme for the benefit of The League to promote League initiatives.
80.2 Any Club not producing a match programme will be required to agree alternative inventory with The League.
81 FOOTBALL FOUNDATION ADVERTISING
81.1 Clubs shall each Season make available for the benefit of the Football Foundation not less than 1.33 million advertising impressions (of a size to be agreed with The League) on the Club‘s official website for the benefit of the Football Foundation.
Adverts delivered under this Regulation should meet the standard ‘MPU’ measurement of 300 pixels wide by 250 pixels tall. Should any Club site need to feature adverts with different proportions then the League will consider those as acceptable where it can be shown that those alternatives provide an equivalent level of exposure to the standard.
82 POST-MATCH MEDIA ARRANGEMENTS
82.1 In addition to any obligations imposed on Clubs, Officials, Managers and Players under the terms of any commercial contract notified in accordance with Regulation 79 the Home Club shall facilitate post-match media arrangements following the conclusion of each match played under the auspices of The League. These should include interviews for The League’s broadcast partners where requested and the opportunity for accredited representatives of other media to ask relevant questions.
82.2 Each Club participating in the relevant match shall procure the compliance by their Manager in respect of these obligations.
83 LEAGUE MEDIA EVENTS
83.1 Each Club shall, when requested to do so by the League, ensure that at least one first team squad Player and/or the Manager are available to attend media events as organised by The League from time to time. Such attendance shall mean the Player and/or Manager being available for a continuous two hour period at a location of the League’s choice and include their being interviewed by The League, The League’s appointed broadcasters and other invited media. No Club will be required to procure attendance more than twice in any Season with at least one attendance designated to the EFL’s central annual community activity (as designated from time to time).