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Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

Sports Sponsorships Are Now Data Deals (Whether the Contract Says So or Not)

Sports sponsorship agreements were once relatively straightforward: brand visibility in exchange for fees. This is no longer the case. Today, most meaningful sponsorships involve significant data components, whether fan engagement platforms, digital activations, or, increasingly, AI-driven analytics. As a result, these agreements are starting to look much more like technology and data contracts.

Data Is the Real Asset

Sponsors are no longer just buying exposure—they are seeking access to data and the insights that come with it. In many deals, the real value lies not in signage or naming rights, but in the ability to understand and engage with fans at a more granular level.

The shift is compelling parties to confront questions that look very familiar in other technology transactions: who actually owns the data generated through the sponsorship? To what extent can each party use that data and for what purposes? And, perhaps most importantly, can that data be combined with other datasets to create additional value?

While these issues are not always addressed directly in sponsorship agreements, they are increasingly driving the economics and risk profile of the deal.

AI Is Expanding the Scope

The growing use of AI is accelerating this trend. Teams, leagues, and sponsors are using AI tools to personalize fan experiences, optimize marketing campaigns, and generate content in ways that were not possible even just a few years ago.

This expanded capability brings with it a new set of contractual considerations. For example, if fan data is being used to train or improve AI models, the agreement must clearly address whether that is permitted and under what conditions. Similarly, as AI-generated content becomes more prevalent, questions arise around ownership and permitted use, particularly where such content incorporates team branding or athlete likeness.

We are also beginning to see sensitivity around synthetic media and derivative uses of intellectual property. What was once a relatively simple license of marks is now intersecting with much more complex questions about how those assets can be used in an AI-enabled environment.

Performance-Based Structures Are Increasing

The commercial model for sponsorships is also evolving. Sponsors are increasingly pushing for compensation structures tied to engagement and performance metrics (impressions, clicks, conversions, and other measures of fan interaction) rather than relying solely on fixed fees.

While this approach better aligns cost with value, it also introduces familiar challenges. Metrics must be clearly defined and consistently measured. External factors such as team performance, market conditions, or platform changes can materially impact results. And when expectations are not met, the agreement needs to provide a workable framework for resolving disputes.

These are not new issues (in fact, many have been around in the context of retail consumer data for decades) but they are becoming more central as sponsorships become more data-driven.

Practical Observations

One of the more consistent themes we are seeing is that many sponsorship agreements still do not fully account for their data and technology components. The traditional focus on branding and visibility often leaves gaps in areas that ultimately carry significant value and risk.

AI-related rights in particular are often addressed indirectly, if at all, even where AI is patently part of the activation strategy. At the same time, there is increasingly overlap between sponsorship terms and broader legal frameworks, including intellectual property, data privacy, and cybersecurity.

Consequently, these agreements are requiring a more integrated approach than in the past.

Key Takeaways

  • Sponsorship agreements are evolving into data-driven commercial arrangements
  • AI is accelerating both opportunity and risk
  • Clear drafting around data rights, usage, and performance metrics is essential