Insights
The commercial exploitation in e-gaming industry:
a new trend into sports law evolution
Policy Paper- constructive insights
Executive Summary:
With the rapid development of Internet technology and data technology, Intellectual Property Rights (IPR) have become a critical part of e-games, and major events. the statistical data upon which the competitions rely, team logos and names, images, likenesses of the athletes are gathered by professional leagues and sports leagues around the globe, and commercially used, published vertically.
This paper analyses the process of formation and recognition for athletes’ rights, sports organizations and examines the reasons for its existence, its justifications. In most jurisdictions, there is still no specific law that governs and regulates e-gaming and till the present, no global structure to protect athletes IP.
We are trying to explain and shed light upon legal regime that surround e-gaming and fantasy sports, in the light of Intellectual Property Law, and Contract Law with sharper focus on legal challenges of commercial exploitation of sports data as a model to sustaining sports business.
"Legal framework (Current & Desired)”
The applying the current copyright law and jurisprudence in the context of commercial use to athlete’s rights specially e-games will raising many legal challenges for example, whether professional sports leagues and their athletes have a right of publicity? and when it comes to the unlicensed use of daily statistical performances by e-gaming websites? And whether the professional athletes not entitled to compensation for the utilization of their statistical performances, look-like? And what legal basis will be standing on?
There are several different actors in the esports market, from event organizers to media companies, including online platforms, to sponsors and video game publishers with different roles, responsibilities, and the need to preserve and maximize their profits and exploitation rights. Even stringent contracts and corporate structures might not be enforceable, if in contrast with Qatari laws, endangering the entire investment's profitability. advertising & sponsorship Companies doing business through online platforms should be fully aware of the terms of this relationship and when necessary, be able to seek quick and efficient redress.
The main laws are governing esports industry such as sports & employment laws, commercial & civil code and E-commerce regulations. Some of the considerations that have come to light through the growth of the esports. The following legal challenges should be considered in our mind to provide legal ground of IPR in the context
First, the esports industry generally, involves proper clearance of intellectual property and publicity rights contents, characters, and gameplay owned by the publisher or developer of the game. The intellectual property owners often look to protect their copyrights, trademarks, patents, and licensing arrangements with respect to the intellectual property rights in Qatari law. The endorsement agreements allow a company/brand to use athlete’s image, name, and likeness in connection with the advertising of a certain product/service/brand.
However, these types of agreements relate to the endorsement of an interactive e-gaming product by a sports personality but can be adapted to other products or services if desired. Under the agreement, the sports personality will be required to endorse the game and provide certain agreed terms and conditions.
Additionally, to use the game and stream the action for viewers, a license must be obtained from the game developer. Additionally, athletes routinely develop and monetize their personal brands by creating and publishing videos online. They must be careful to operate within the confines of the end-user license agreements regarding the material they post online.
Esports phenomenon has created a need for better understanding of contract law. teams, players, tournament leaders and leagues will need to negotiate, draft and sign contracts. Athletes’ contracts with organizations have a dominant role for both parties, terms and conditions should be drafted with specificity, and obligations incurred should be clearly defined in accordance with applicable Qatari Civil Code and Principles of Contracts law.
The best practise sets out the intellectual property and competition law issues which may arise in connection with character merchandising. In other words, the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trademarks and/or copyright-licenses from developers and digital service providers.
"Conclusion”
This paper explained a new trend to change the traditional sports law and illustrated how to protect IPR in e-gaming industry, and the need to unique rules to regulate the e-games and fantasy sports. We hope that all stakeholders confronting such obstacles ex; event owners, sports organizations, athletes as they attempt to protect their commercial interest of sports data and lessons learned from cooperative jurisdictions, for this it will be as legal guideline to fill the gaps in commercial agreements between professional leagues owners and e-games and fantasy sports operators.
One of the results of this paper inefficiency of existing regulations in most jurisdictions regarding the protection of IP of e-gaming on sports website, and we hope e-gaming industries will be regulated in other jurisdictions ex; Qatar? ad how to be benefit from other jurisdictions success, which required employing the established rules in this domain to fill the gaps and correct the legal deficiencies.
There are several different stakeholders in the esports market, from event organizers to media companies, including online platforms, to sponsors and video game publishers with different roles, responsibilities, and the need to preserve and maximize their profits and exploitation rights.in the context, governmental bodies and business stakeholders playing a vital role in promoting esports industry in Qatar. We are truly hope that sports bodies, decision makers are beginning to make it a strategic priority and adopted concrete initiatives in exiting time.
We believe the level of engagement will be accelerated significantly by establishing a Federation for Electronic and Intellectual Sports and Global eSport Resources. secondly, establishing tailored regulations involving relevant stakeholders and developing action plan go to-market strategies.