World Intellectual Property Day

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. Explore the analysis on  Intellectual Property and Esports - An overview of the game .

  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 rights-holders, 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.  To learn more explore the  WIPO Guidelines for esports players .

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 follo...