America's Cup- Update on Valencia - 22 December 2009

by Richard Gladwell on 22 Dec 2009 Despite many phone calls over the past two days, Sail-World has been unable to determine that anything other than a minimal Deed of Gift America's Cup Match will be held.

That means that a Match complying with the minimum requirements of the Deed of Gift (a best of three series, over the prescribed courses) starting, as ordered by the New York Supreme Court will be sailed beginning on 8 February 2010 and with the second race on 10 February 2010.

Despite reports emanating from Valencia last Thursday announcing a best of seven race regatta, starting on Saturday 12 February 2010, there has been no confirming announcement yet from Alinghi or Societe Nautique de Geneve, nor has the Notice of Race been amended, as would be usual practice for a change in dates of a regatta.

The only clarification on Sail-World's http://www.sail-world.com/NZ/Gladwells-Line:-Swiss-fail-to-back-latest-Americas-Cup-moves/64572!earlier_story is on the subject of Media Rights which the Notice of Race states: 'ISAF as the first owner of all the media rights in the Match pursuant to ISAF Regulation 18.15.1 have licensed all such rights to the Organising Authority. No competitor shall directly or indirectly limit the media rights of the organising authority in any manner or by any means.'

Thus the assigned owner of the media rights is Societe Nautique de Geneve, the Organising Authority for this regatta. While it is clear that a competitor cannot undertake their own coverage of the event, without the approval of SNG, it is not clear how in practical terms SNG or ISAF would be able to enforce this right against an individual or organisation without the regulatory co-operation of the relevant territorial authorities.

From a perusal of the racing documents issued to date, there does not seem to be a requirement for any form of tracking device to be carried aboard the two competing yachts, which would upset any moves to have the regatta covered using real time computer generated graphics, without the approval of SNG.

It is believed that the agreement between the International Sailing Federation and SNG is being re-written, however it is not clear what the amendments will be, and those are not expected to be finally known until the Sailing Instructions are published on 8 January 2010, one month before the start of the event.

However it almost certain that the situation now, is not the situation as it will be on 8 February 2010, and Sail-World will carry further updates as they come to hand.