Protecting eSports Copyright and Trademark

Navigating the Complex World of Esports Copyright and Trademark Law

In the rapidly evolving landscape of competitive gaming, esports copyright and trademark issues have become increasingly prevalent and complex. As the industry continues to grow at an unprecedented rate, it’s crucial for players, teams, organizations, and content creators to understand and protect their intellectual property rights. This blog post will explore the intricacies of esports copyright and trademark law and highlight why working with an experienced attorney is essential in this dynamic field.

eSports

Back in my day, we used to go to physical arcades and take a roll of quarters and spend hours playing various stand-up arcade games, like Pacman, Galaga or Astroids, for recreation. Sometimes our friends would play along or we would play solo for hours. However, today, video games are not just for kids any more. Today’s video game market is more competitive and has a more professional sound to it.

Out of the almost 8 billion people on earth, 2 billion are Gamers. The average professional gamer can make about $60,000 with the top players making millions of dollars per year. Gamers can make money from tournament prize pools, salaries, endorsements, merchandise sales, advertisements, and online streaming to hundreds of thousands of paid subscribers who sit around and watch them play.

In today’s online world, we refer to video games which involve competition between players playing across the globe interconnected to each other by computers using real-time video animation through computer networks as eSports.

eSports games can involve many different genres including Strategy, Shooter, Sports, Action and Adventure games including First Person Shooter (FPS), Shooters, RPG, Strategy, Real-Time Strategy (RTS), Action-Adventure, Massively Multiplayer Online (MMO), Puzzle, Driving, Racing, Multiplayer Online Battle Arena (MOBA), Fighting, and Sports games.

Gamers playing video games online have turned a recreational activity into a regular, for-profit job with players spending thousands of hours training, doing exercises, studying, strategizing and modeling game-play to become the best. Giving the growth and demand for content, eSports has become one of the largest growth segments for creative content and subsidization by marketing and advertising dollars.

The Rising Importance of Esports Copyright and Trademark Protection

The esports industry is projected to surpass $1.8 billion in revenue by 2025, according to Newzoo. With such significant financial stakes, protecting intellectual property has never been more critical. Esports copyright and trademark law covers a wide range of assets, including:

1. Game content and mechanics
2. Team names and logos
3. Player gamertags and personas
4. Broadcast rights and streaming content
5. Merchandise and branding

As the lines between traditional sports and esports continue to blur, the need for robust esports copyright and trademark protection becomes increasingly apparent.

Common Esports Copyright and Trademark Challenges

Ownership of In-Game Content

One of the most complex areas of esports copyright and trademark law involves the ownership of in-game content. While game developers typically own the rights to the game itself, players and teams often create unique strategies, characters, or in-game items. Determining who owns these creations can be a legal minefield.

Streaming Rights and Content Creation

With platforms like Twitch and YouTube Gaming dominating the esports landscape, questions of streaming rights and content ownership frequently arise. Esports copyright and trademark issues in this area can include:

• Who owns the rights to streamed gameplay?
• Can players monetize content featuring copyrighted game footage?
• How are sponsorship deals affected by game developers’ intellectual property rights?

Team and Player Branding

As esports organizations and players build their brands, protecting their names, logos, and other identifying marks becomes crucial. Esports copyright and trademark law plays a vital role in safeguarding these valuable assets from infringement or unauthorized use.

Recent Esports Copyright and Trademark Cases

Several high-profile cases have highlighted the importance of esports copyright and trademark protection:

1. Riot Games vs. Shanghai Moonton Technology Co., Ltd: Riot Games, the creator of League of Legends, sued Moonton for alleged copyright infringement related to their mobile game, Mobile Legends: Bang Bang.
2. PUBG Corporation vs. NetEase: PUBG Corp. filed a lawsuit against NetEase for allegedly copying elements of PlayerUnknown’s Battlegrounds in their mobile games Rules of Survival and Knives Out.
3. FaZe Clan vs. Tfue: This case involved contract disputes and trademark issues between the esports organization FaZe Clan and popular streamer Turner “Tfue” Tenney.

These cases underscore the need for expert legal guidance in navigating the complex world of esports copyright and trademark law.

eSports Copyright

Copyright protects the artist’s rights to tangible works of art. These rights can include rights to videos, photographs, animations, computer games and software. Knowing which protections apply and who owns which rights can help you avoid liability for copyright infringement. In addition, you can use copyright to protect your ownership of your eSports Copyright by timely registering your work. Knowledge of eSports Copyright law can help you protect and grow your eSports business.

eSports Trademarks

Like many entrepreneurs, savvy professional gamers, recognize that brand protection can help them leverage their the customer base to build loyal followers and can even be transitioned from game to game and in some cases can exceed any individual player. In addition, recognition of brand protection can also help professional gamers avoid potential liability which may come with improper brand usage. When a gamer is streaming a video and referencing various brand names or displaying the brands in a way to indicate sponsorship or affiliation, their can be liability for brand misuse. They can also have liability if they create confusion with other brand owners.

eSports Publicity Rights

Gamers can also have rights in their image and likeness. However, use of their image and likeness often overlaps with trademark and copyright laws. It is often helpful to distinguish these rights. For example, just because a video includes the gamer’s image, doesn’t mean they have rights to the video or picture. However, if someone uses the gamer’s image for commercial use without the gamer’s permission, they may have liability for the unpermitted use of the Gamer’s likeness. Often these rights are spelled out in an agreement. These agreements may be contained in standard website terms and conditions or they may be written into specific contracts which the Gamers are required to sign. Gamers should also understand what rights are at issue when they broadcast videos or pictures using various streaming platforms like Twitch, Mixer and YouTube.

eSports Influencers

Gamers gain popularity and earn revenue, in part, based upon their followers who watch them stream videos in real-time and who subscribe to their YouTube channels. One of the more popular streaming platforms Twitch, is owned by Amazon and has created a community of streamers and viewers that is centered around various online video games. The Gamers also known as Content Creators earn income from advertisers and marketers based upon the number of viewers and various products which are shown or discussed during their streams.

The Federal Trade Commission implemented advertising regulations on Gamers and Influencers to properly identify any endorsements for which they receive income, revenue or other forms of payment for playing or endorsing the products. Effectively, the FTC wants the Influencers who provide endorsement on products or companies to clearly identify their relationship with these companies. Failure to properly disclose the relationship may create liability in the form of fines and sanctions from the FTC.

Why You Need an Experienced Esports Copyright and Trademark Attorney

Given the unique challenges and rapidly changing nature of the esports industry, working with an attorney who specializes in esports copyright and trademark law is crucial. Here’s why:

1. Industry-Specific Knowledge: An experienced esports attorney understands the nuances of the gaming world and how they intersect with intellectual property law.
2. Proactive Protection: A skilled lawyer can help you identify and protect your valuable intellectual property before issues arise.
3. Contract Negotiation: Whether you’re a player signing with a team or an organization entering into a sponsorship deal, an esports copyright and trademark attorney can ensure your rights are protected.
4. Dispute Resolution: If conflicts do arise, having an experienced attorney on your side can make all the difference in resolving issues efficiently and favorably.
5. Staying Current: The esports landscape is constantly evolving. An attorney focused on this area will stay up-to-date with the latest legal developments and industry trends.

Take Action to Protect Your Esports Intellectual Property

Don’t wait until you’re facing a legal challenge to seek expert advice on esports copyright and trademark issues. By working with an experienced attorney, you can proactively protect your valuable intellectual property and navigate the complex world of esports law with confidence. Our firm specializes in esports copyright and trademark law, and we’re committed to helping players, teams, and organizations safeguard their rights in this exciting and rapidly growing industry. Whether you’re looking to register a trademark, negotiate a contract, or resolve a dispute, our team of experienced attorneys is here to guide you every step of the way. Don’t leave your esports intellectual property unprotected. Contact us today for a consultation and let us help you secure your place in the competitive world of esports. With our expertise in esports copyright and trademark law, we’ll ensure that your rights are protected, allowing you to focus on what you do best – dominating the game.Take the first step towards comprehensive esports copyright and trademark protection. Reach out to our team now and let us put our expertise to work for you. Your success in the esports world depends on it!

If you have questions about eSports Copyright and Trademark rights, please contact one of our attorneys.