As described, IP rights in esports competitions are intensive.
Take advantage of this checklist to remember key elements when organizing a competition.
Secure IP licenses: First and foremost, obtain a license from the publisher of the video game that you will use in your competition. Understand the conditions for the use of the video game- related IP and ask for additional authorization for those uses that are not included in the license obtained to organize the competition, including the use of trademarks, music and other copyrighted works featured during the competition.
Control third-party content: If exclusivity is important, protect your content as part of your business strategy by taking appropriate measures to implement robust mechanisms to monitor and review all content. Have systems in place to check third-party uses for compliance with licensing agreements and IP laws. Eventually, decide to enforce your rights, or not.
Develop a proactive IP strategy: Secure appropriate IP rights for your own content, including trademarks, copyrights, and patents. Regularly review and update your IP portfolio to protect your interests. Grant limited licenses of your IP to increase the revenue streams.
Engage: Consult with IP lawyers or legal experts to ensure all agreements and practices comply with relevant laws and regulations.
Establish alternative dispute resolution (ADR) mechanisms: Implement ADR mechanisms, such as arbitration and mediation, to resolve IP-related disputes confidentially and to save time. Well recognized bodies, such as WIPO, offer expertise in dealing with disputes from esports, including immediate resolution during tournaments. Ensure tailored dispute resolution proceedings to address any imbalances in bargaining power.
Have contracts in place: Create and use detailed contracts that are fit for purpose with players, sponsors, and partners outlining the scope of use, duration, and compensation for IP rights. This might lead to a longer process in the beginning but could avoid numerous problems in the future, especially if your tournament grows in size and notoriety.
Implement compliance training: Provide training for staff and participants on IP laws, licensing agreements, and compliance requirements. Ensure everyone involved understands their responsibilities and the importance of respecting IP rights as a strategy to manage your IP but also to avoid inadvertent IP infringement during the tournament.
Request players’ rights: Secure authorizations to use players’ publicity rights in streams, promotional materials, and other event-related content. Without such rights you might find yourself without attractive content to engage with fans and the audience when promoting the tournament or your brand. Make sure that the authorization covers all the intended uses including those of a commercial nature.