So competitive gaming, essentially. But eSports is not just video games in the more traditional sense like LoL. Finding themselves in unprecedented times, traditional sporting organisations began catching on to the benefits of taking their sport online while countries worldwide were locked down and traditional sporting avenues ground to a halt.
The following major sporting organisations have taken advantage of the pandemic to target new online markets:. We know that protection of intellectual property rights is important in the growth of the sports sector. Because the industry must continue to change and evolve to keep up with society.
To do that, we need to encourage and stimulate creation and innovation in all forms of sport including eSports. In the evolving eSports industry, protection of intellectual property rights will be important for continued growth. There is likely to be many differences and similarities. We explore three copyright-related issues below and identify some key areas that will likely be developed in the coming years as the industry continues to expand. Leaving aside broadcasting of events which will be subject to copyright protection , there is no copyright protection provided to a traditional sport.
No one owns soccer, baseball or cricket. An eSport on the other hand is a virtual game that has been created by and is owned by the developer of the game. We cannot tell you what goes into developing a virtual game suffice to say, it is too complicated for us but each video game is equivalent to a separate sport and has its own unique internal structure, gameplay and rules.
Unlike traditional sports, the game itself or computer program is protected by copyright under intellectual property law. Therefore, as the copyright owner, the developer has the exclusive right to use and authorise others to use the copyright in their game. Unlike a traditional sport, the owner of the eSport can control who gets a licence to it, and therefore who plays it. This means that unlike playing a game of backyard cricket, you and I cannot play an eSport without a licence that lets us do so.
This is easily overcome though — we are granted a licence when we purchase or download the game the end-user licence agreement. If a game is downloaded and played illegally, there is a risk of legal action against the person or people who downloaded the game. Developers gain significant control over the use of their games from these licences, which affects eSports in that developers maintain the discretion to shut down events or restrict the use of their content.
This occurred in when Blizzard Entertainment announced it would shut down the development of its Heroes of the Storm game and Heroes of the Storm Global Championship eSports season see here. Blizzard stated that their developers would be moving to other projects, causing many to believe they had decided to begin phasing out the game in preference of other more successful eSports games such as Overwatch.
This is an example of the control that developers have over their creations and the ability to shut down events they determine are not successful or profitable.
An athlete cannot claim copyright in the way they, for example, kick a ball or swim a particular stroke. These actions will not satisfy the requirement of originality, nor will they be artistic. Take for example pre-recorded highlight packages that are broadcast on media avenues, opening sequences and logos which are subject to strict copyright. The sport of American football is not protected under copyright, whereas the Super Bowl halftime show will be protected under copyright and cannot be broadcast without the consent of its owner, the National Football League NFL.
When an eSport participant performs a unique move or strategy in-game, will this amount to a creative work such that it will be subject to copyright protection? Is it more creative than an athletic performance in a traditional sport?
It might depend on the move or strategy and how it is created. Any move or strategy that is performed in-game will likely satisfy the material form requirement of copyright protection. A key consideration is whether ancillary copyright should be granted where gamers develop a strategy or method of playing a game in a way that is original. Under section 10 of the Copyright Act Cth , literary works are defined to include a computer program or compilation of computer programs.
It is unlikely that the original work requirements of copyright would be satisfied by gamers who specialise in, for example, shooter or racing games where dexterity and intricate strategic movements are less common. This issue will be tested and resolved in the court as the industry develops. Azubu, another streaming service, had secured and reached an agreement with Faker for the exclusive rights to stream his gameplay.
SpectateFaker was an account created to broadcast Faker in spectator mode a mode where users can watch others in-game, but not physically take part in it which was publicly available to view in-game. Although Twitch complied with the takedown notice, this claim was one of the first to consider whether a professional gamer could issue exclusive rights to their performance within a game that was already subject to copyright protection.
The issue of whether a player of a game can have ancillary copyright in their gameplay as a derivative work of that gameplay is yet to be determined. We will have to wait and see. If ancillary copyright was to become commonplace throughout the industry, it would likely have significant financial benefits to eSports players and teams by allowing a greater commercialisation of their brand.
With the combination of tournament prizes, team salary, sponsorships and revenue from online streaming, established eSports players can earn significantly more than mainstream professional athletes. So far, there is not as much in the way of image exploitation and image rights in the eSports context.
The key benefit for Wendel did not exclusively arise from owning the rights to his alias, but rather the ability to exploit and transition the FATAL1TY brand into an incorporated company with multiple partnerships within the gaming industry such as OCZ Technology and ASRock. Although his current net worth is unknown, Wendel is regarded as one of the highest earning entrepreneurs arising out of eSports.
While this has been explored by some high-profile gamers, it is yet to appear widespread in the industry. The streaming of eSports necessarily involves content protected by copyright. Because the developer owns the game, the developer has the exclusive right to limit how a game is used in online video, streaming gameplay, in-person tournaments and other potential platforms or uses.
With the rise in popularity of eSports comes a rise in the demand for tournaments. The most significant of which in Australia was the Fortnite Summer Smash in association with the Australian Open see here. League of Legends Wiki Explore. Runeterra Locations Factions Species Timeline. Short stories Video lore Books Alternate Universe.
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