Competitive video and table-top gaming — esports — is big business now, as everyone knows. Top-tier competitors are commanding six-figure salaries, esports leagues are proliferating, and investors are taking serious notice. However, the more complex the esports landscape becomes, the more players and others are going to need the legal services of experienced esports lawyers with deep roots in the legal issues that surround esports. In this article, the esports attorneys at Revision Legal focus on the “player side” and offer some answers to the question: What does an esports lawyer do?

Players, competition, and esports attorneys

Beyond a certain level, gaming is not just fun but is an opportunity; an opportunity to be tested, to become the best, and to become known as the best (and to be paid accordingly). Anything that attracts this level of investment and attention is going to quickly become attached to prevailing legal norms and might even generate new legal principles.

Just consider the issue of contracts (with which you will need a lot of legal assistance). If you are a competitive esports player attending conventions, you probably have already signed at least one player attendance/convention agreement. Such might have been relatively simple. But, the tighter the competition becomes, the more complex the legal contracts and agreements. For example, if you become part of a competitive team, you will be signing an individual agreement with your franchise team. This agreement will be significantly more advanced than a simple convention attendance agreement. You will need legal assistance to fully understand the obligations and responsibilities imposed by that agreement.

But, further, rights and obligations will be imposed on you by other agreements. Your franchise team will, for example, have contracts and agreements with local arenas, other gaming venues, other franchises, sponsors and marketers, broadcast and streaming rights-holders, team owners, and, if it exists, the master league association. All of these agreements might have significant impacts on you. As one example, arbitration clauses for dispute resolution are often imposed by a league meaning that such could be imposed on you by your team, with your team having no leeway to remove the provision. This is something that Riot Games has recently begun offering — but not yet requiring — for League of Legends and VALORANT competitions, leagues, teams, and players.

This, by the way, raises an interesting legal question about whether esports leagues can impose their own forms of dispute resolution even if such are “at odds” with broader civil legal rights. This also touches upon probably the most pressing question, which is the role of the game makers/IP holders with respect to players and leagues. Are leagues and competitions “just marketing/advertising” for the game companies, or can they have their own independent “legal life”?

In any event, players need to consider the practical and legal issues connected to such questions. Contracts and agreements need to be crafted with as many protections as possible for games, competitions and leagues that might terminate.

What else does an esports lawyer do?

There are many other tasks and legal services that you need as an esports gamer. As the above discussion of arbitration highlighted, dispute resolution is a major potential need. Gamers sign many contracts, and, as such, there are many potential breaches of those contracts. Attempting to resolve those is a major legal task ranging from resolving misunderstandings to lengthy, complex litigation. And results will matter if, for example, you are being falsely accused and wrongly suspended from your team. A few other legal issues include:

• Avoiding IP interference/infringement claims
• Management of your own IP
• Compliance with labor laws if you retain employees
• Protection of name, image, and likeness rights and endorsements
• Protection of other revenue streams and income
• Corporate entity formations and other business issues

Contact the Esports Attorneys at Revision Legal For more information, contact the experienced Esports Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.