Intellectual Property in Esports

Using IP in competitive gaming

Across the world, competitive video gaming events have become a powerful reality, drawing millions of fans with esports generating US$1.8 billion in revenue in 2023. Intellectual property rights in esports allow different stakeholders—from video game publishers and brands to esports organizers, teams, and players—to protect and profit from their creative works and innovations.

Without IP protection, key players of the video game industry would struggle to monetize their contributions and make a living from esports, and in turn, fans and players would not enjoy their favorite video games. Understanding how IP rights function within the esports ecosystem is vital for contributors to this dynamic industry.

Esports IP right holders

In the esports ecosystem, different stakeholders participate and own IP rights, offering unique opportunities to form commercial relationships around and monetize work in this space. Some of these key right holders are listed below.

Video game developers and publishers’ rights

Behind the scenes, developers not only invest in maintaining video games and platforms but also in continuously creating new titles that engage players and fans around the world.
Video game developers and publishers are responsible for creating video games and therefore own the rights over the different game elements, including game code, visual elements, characters, storylines, music, game title, and logos. As rightsholders, they authorize the uses of video games in tournaments, as well as the use of the video game characters and trademarks in other products, advertisements, and events.
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Guidelines for Esports Players

PUBLICATION YEAR: 2026

Esports players’ rights

Esports players are often frequent streamers with thousands of followers online. To commercially exploit their reputation and engage with their fanbase, professional players seek IP protection in addition to relying on their personality rights. The content streamed on their online channels, other types of brands and logos associated with them, and exclusive in-game or promotional items are some of the key ways players leverage their IP.

Esports teams’ rights

Similarly, esports teams develop their own IP portfolios, which may be combined with those of their rostered players depending on the terms of their agreements. Partnerships with brands, licensing of team and player identities, and hosting exclusive events are some of the ways this IP becomes essential for controlling how others associate with the team and its players.

Esports broadcasters’ rights

Esports competitions have expanded to television, but online streaming remains the primary way fans follow major tournaments. Broadcasting and streaming these events require licensing from the competition organizer, who must ensure they hold all necessary rights—including those from the video game publisher, teams, and players.
Platforms like Twitch, YouTube Gaming, and Facebook Gaming have revolutionized how esports content reaches audiences, offering infrastructure for live streaming, video-on-demand, and social engagement. These platforms operate under specific terms of service that cover copyright, monetization, and content restrictions. Understanding these platform-specific policies is essential to successfully distribute esports content.
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Video game rights

Esports licensing

The competitive gaming ecosystem is fundamentally built on IP rights and the licensing agreements that govern their use. These contracts establish the legal framework through which tournament organizers, leagues, and players obtain permission from video game developers and publishers to host competitions, broadcast or stream gameplay, and use game assets.
Video games are not only the result of “new” original content but may also include pre-existing content such as music, famous comic book characters, or even elements from movies that are licensed for inclusion. Examples include Blur’s Song 2, which became iconic in the FIFA EA Sports game launched in 1998, and the recent announcement of LEGO Batman: Legacy of the Dark Knight, a partnership between LEGO, Warner Bros., and TT Games Publishing.

Licenses for community tournaments and professional leagues

Small-scale and community tournament organizers must secure appropriate licenses from game publishers. Many publishers provide standardized agreements for non-commercial events, with specific guidelines on entry fees, prize pools, and sponsorship limitations.
For professional esports leagues, more comprehensive licensing agreements are required. These cover key areas such as broadcasting rights, commercial exploitation, and revenue sharing. They often include exclusivity clauses, territorial restrictions, and terms for using game elements in promotional materials. Some publishers maintain strict control over professional competitions, often organizing top-tier events themselves. Even in these cases, separate licenses may still be required for elements like broadcasting and monetization, though their complexity may be reduced.

Media rights in esports

Broadcasting and distribution rights represent one of the most valuable commercial assets in the esports ecosystem. These IP rights govern how competitive gaming content is shared with audiences worldwide, determining who can stream or broadcast competitions, on which platforms, and under what conditions. As viewership continues to grow, media rights create new revenue opportunities for publishers, tournament organizers and teams.
The esports ecosystem generates an incredible volume of creative content beyond the games themselves. Esports players and teams produce streams, tutorials, highlight reels, and commentary that create new layers of copyrightable works, distinct from the underlaying game rights. This dynamic raises important considerations about copyright ownership and permissions, particularly in relation to when and how content creators can legally use game footage, artwork, or music in their productions.
Legal frameworks for addressing these questions vary globally. Doctrines like fair use, fair dealing, or similar structures offer certain exceptions to copyright protection. These broader concepts or specific copyright exceptions may provide for the use of parody, criticism, commentary, and education. Specific legal frameworks for these doctrines vary in terms of the enumeration of exceptions—both exhaustive and non-exhaustive lists exist in various jurisdictions—and the procedures to be followed—some systems offer automatic protection, others require specific procedures to be followed. Beyond legal frameworks, content creators must navigate platform-specific contracts, policies and procedures, including takedown systems that provide mechanisms for addressing potential infringements. For esports teams and professionals, understanding these copyright boundaries and local regulations is crucial for developing content strategies that respect IP rights while maximizing creative and commercial opportunities.
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How to make a living from video game rights

Legislation on digital rights management for esports

The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (known together as the “Internet Treaties”), as well as other international, regional, and national regulations (including, for example, the Digital Millennium Copyright Act (DMCA) in the United States and the InfoSoc Directive in the European Union) establish frameworks that influence how digital rights are managed across borders in competitive gaming contexts. Understanding these copyright considerations is essential for players, teams and content creators looking to build sustainable careers in the esports space.

Trademarks for esports players and teams

In the competitive gaming landscape, distinctive identifiers such as team names, logos, player nicknames or handles, and tournament brands represent valuable IP assets that can be protected through trademark registration. These protected elements establish recognition among fans and distinguish teams and players in a crowded marketplace.
By securing trademark rights, esports organizations create legal foundations for their brand identity, enabling merchandising opportunities and protecting against unauthorized uses. As the industry matures, forward-thinking teams and players increasingly recognize the importance of developing comprehensive branding strategies to support their long-term commercial growth. In an industry with substantial mobility and volatility, there are also considerations for high-profile players to clearly delineate their individual brand identities from those of the team, though trademark and likeness rights, in ways that support their team, but protect their long-term career prospects.

Esports sponsorship

Sponsorship represents a key revenue stream in the esports ecosystem, with brands providing financial support and resources to teams, players and tournament organizers in exchange for brand exposure to the gaming demographic. These partnerships depend on clear IP agreements that govern the use of trademarks, promotional activities and exclusivity provisions, along with rights to any content used to support sponsorships, such as music used within advertisements.

Esports merchandise

The sale of team and player branded merchandise, including apparel, gaming accessories and collectibles, creates significant revenue opportunities in esports. These product lines rely on proper trademark protection and licensing structures to maintain brand identity for game publishers, players, and teams, while maximizing commercial potential.
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WIPO Magazine articles about esports

Gaming publishers’ content guidelines for esports tournaments

Video game publishers establish specific frameworks for how their IP can be used in competitive environments. These guidelines define the parameters within which tournament organizers must operate, covering critical aspects such as permitted uses of game assets, competitive formats, broadcasting arrangements, and sponsorship parameters. Many publishers make these guidelines publicly available on their websites, while others require direct contact to secure proper authorization. Understanding these policies is essential for creating events that respect IP rights while delivering engaging competitive experiences.

Stories on esports and IP

In every corner of the world, esports are becoming one of the most profitable IP-driven industries. These real-life stories showcase how the strategic use of IP bolsters esports.