This article has been written by Ayushi Pandey, pursuing a Diploma in Intellectual Property, Media and Entertainment Laws from LawSikho. The article has been edited by Dhruv Shah (Associate, LawSikho) and Dipshi Swara (Senior Associate, LawSikho).
Table of Contents
Introduction
E-sports (Electronic sports) has gained a lot of popularity in the last decade. With people moving more towards online streaming platforms, be it for watching movies, series, or even games. It has made its audience. It has emerged as serious gaming just like any other physical sport.
The COVID-19 pandemic has brought everyone to focus on e-sports. It is played on the electronic device on a computer system, mobile phone via the internet that connects one player to another player. It is referred to as ‘electronic sports’. It is similar to what we call video games and online gaming.
Few mandatory aspects for any electronic game to become an e-sports are: firstly, it should be electronic, secondly, there should be more than one player competing with each other, thirdly, an audience who is watching the game.
E-sports has the same team spirit as any other physical sport.In 2017, the International Olympic Committee declared it as a sporting activity and then brought it down in 2019 by drawing a comparison that physical games bring physical and mental stability unlike e-sports..
Now, intellectual property laws have a big role to play when it comes to streaming the competition or the entire idea and presentation of the game. The monetary profit in the game is huge which has made many organizers invest in the same. These organizers or organizations must be aware of some basic IP law issues that might bring potential liability to what they are doing. A few of the classical problems could be-a reproduction of an e-sport, violation of the performance rights of participants, high chance of competitors using cheat bots, last but not the least any problem that might arise from lack of codification of proper e-sports law for better practice.
In this article, we will talk about E-sports;, recognition of online games as a sport;. protection through iIntellectual property laws and the issues that are faced by the players due to IP laws.
Protection through IP laws
Protection through Patent Law
Patent law is the biggest protector of any new technological advancement that is introduced in the market. Electronic sports also fall in this category. Patent law grants protection to the makers of the e-sport to eliminate others from fabricating, utilizing, or selling a particular design, idea, and expression of the sport. It has been held that some facets of electronic sports must be patented. In Fantasy sports Properties, Inc. vs. ESPN/Star ware Partners, it was held that hosts must not permit users to put the score in a way that has already been patented by another e-sport or gaming organizers. Also, when the users are using a different method of putting score then that method must be patented for the protection of the same.
Protection through Copyright Law
Copyright law is also a form of intellectual property rights. It however, protects the matter. Anything physical that can be written or drawn is protected under copyright laws. It protects the authentic work of an author which has been expressed in a tangible mode of expression. It does not protect an idea or a way through which an idea could be expressed. An organization or an institute that is hosting an electronic sports event needshall not worry about putting out the statistics of the player as it comes under the public domain once released. Though they need to ensure that any addition that they’ve made to the original game must not be taken from some other game. And if they feel that some other host has copied them they must send them a cease and deceit notice.
Protection through Trademark laws
Trademark protection gives purchasers a feeling of conviction about a specific item’s source, and permits holders to “create and control the goodwill related to the given item.” Trademark protection for electronic sports is very much similar to physical sports. Sports has been one of that niche that’s been outstanding at getting the honourable courts to prevent the misuse of their marks. In Boston Professional Hockey Association vs. Dallas Cap & Emblem Manufacturing, the team convinced the court to provide them with trademark protection to prevent unauthorized use of their trademarks by others. Although Trademark protection is limited to the use of someone else’s mark for commercial purposes and does not exceed non-commercial purposes,. eElectronic sports hosts shall avoid using the logo of the actual sports team without registering for a license. Also when the host is recognizing a professional team by name either they should obtain a license or put the name in smaller print than that of their website.
Current state of e-sports in India
E-Sports, a virtual world of competitive and structured video gaming, provides the adrenaline rush that athletic fanatics desire in this period of self-quarantine and social distancing. While the United States, China, and Korea continue to dominate the eSports prize pool, India is steadily making its mark. The most popular worldwide games, such as FIFA 20, Counter-Strike: Global Offensive, Fortnight, Call of Duty, PubG, and DOTA, are already popular here.
In 2019, competitive video gaming had already grown to be a multibillion-dollar business. The epidemic has altered the fortunes of the game industry rapidly, creating attention, while not being a black swan occurrence. Dream11, an online fantasy cricket game developed by Sporta Technologies Pvt Ltd (Sporta), a key player in the domestic gaming space in India, sued Dream11 Team for unauthorised use of its trademarks DREAM11.COM and DREAM11 Design (CS (COMM) No. 355/2020) in an early case in E-eSports litigation in India. Sporta, which runs the website www.dream11.com, claimed that DREAM11 Team had adopted and was utilising trademarks that were identical to its own as part of its company name and domain name, DREAM11TEAM.COM. The Delhi High Court ruled in favour of Sporta, ruling that the Plaintiff had made a prima facie case for an ad-interim injunction. As a result, the Defendant was barred from using the DREAM11, DREAM11.COM, and DREAM11 Design marks by the Court.
As India’s e-sports sector grows, a slew of intellectual property (IP) concerns loom in the background, posing intriguing new questions for our courts to address.
The current state of E-sports in India gives rise to the question that whether the legal framework is sufficient to regulate E-sports or not? This question was addressed by the Minister of State For Youth Affairs and Sports in the session of Lok Sabha held on 4th Feb, the government recognizes how quickly the industry is growing and is aware that India has a sizable esports and gaming community. There is definitely a distinction between gaming and gambling, as well as the fact that E-esports in India is not officially recognized. Few federations support e-sports but it’s yet to get official recognition from the Ministry of sports.
The birth of e-sports law merely a trend or a revolution towards traditional Sports Law
The COVID-19 pandemics have certainly caused a boom in the use of electronic gadgets. Esports is no different. Due to the restricted physical movement, traditional stakeholders were doubtful of the potential of electronic sports. The skepticism was high because this niche was going to bring legal challenges that haven’t been dealt with before. It brought legal issues such as IP, contract, player representation, e-doping, gambling; also without a global regulating system, the whole procedure became tough. This industry has a huge turnover per year that too with little investment as they do not need to spend on expensive sports facilities, without the help of mainstream broadcasting channels. Instead, all of this is achieved in moral devaluation and with non-serious regulation. In the next 20 years, this fraternity is expected to grow like never before.
Its relation with the technology, the commercial dimension, and accessibility scope makes it a trendsetter so we can easily rely on the fact that E-sports is revolutionary in nature and has a lot more potential than what we see now.
Conclusion
Electronic Sports is very broad and, yet the discussion on their insurance under IP law is as yet mind-boggling. Prior customary doctrinal methodology disallowed copyright insurance in computer games by contending that player intelligence can’t be ensured as copyright. Nonetheless, as has been examined in the article, there is an expanded level in consequently making it evident that the product of computer games can prompt assorted types of initiation by the players. As has been the situation till now, most players add to the game stages by making new changes without an assumption for any money-related, legitimate and business remunerations that normally go with copyrighted manifestations. Also, the birth of this niche especially during the pandemic has brought huge developments making it revolutionary in nature.
References
- What Is eSports and Why Do People Watch It? by Juho Hamari, Max Sjöblom :: SSRN
- Success in eSports: Does Country Matter? by Petr Parshakov, Marina Zavertiaeva :: SSRN
- The Future is Now: Esports Policy Considerations and Potential Litigation by John T. Holden, Anastasios Kaburakis, Ryan M. Rodenberg :: SSRN
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