Note: Emre Bilginoglu
is an attorney in Istanbul and the co-founder of the Turkish E-Sports Players
Association, a non-profit based in Istanbul that aims to provide assistance to
professional gamers and to work on the relevant laws affecting them.
The world is witnessing the
rise of a new sport that is growing at an incredible speed: E-Sports. We are
only starting to understand its legal implications and challenges.
recent years, E-Sports has managed to attract thousands of fans to arenas to
see a group of people play a video game. These people are literally
professional gamers (cyber athletes)
who make money by competing in tournaments. Not all video games have tournaments
in which professional players compete against each other.
The most played
games in E-Sports competitions are League of Legends (LoL),
Defense of the Ancients 2 (DotA 2) and Counter-Strike: Global
Offensive (CS:GO). LoL and DotA are both Multiplayer online
battle arena (MOBA) games, a genre of strategy video games in which the player
controls a single character in one of two teams. The goal of the game is to
destroy the opponent’s main structure. CS:GO is a first-person shooter (FPS)
game, a genre of video games where the player engages combat through a
first-person perspective. The main objective in CS:GO is to eliminate the opposing team
or to terrorize or counter-terrorize, planting bombs or rescuing hostages. Other
games that have (popular) E-Sports competitions include Starcraft II (real time
strategy), Hearthstone (collectible card video game), Call of Duty (FPS) and
gaming requires cooperation between team players, a high level of concentration,
rapid reactions and some seriously fast clicking. E-Sports is a groovy term to
describe organized competitive computer gaming. The E-Sports industry is
exponentially growing, amounting to values expressed in billions of dollars. According
a website dedicated to the collection of E-Sports data, there are some 250
million occasional viewers of E-Sports with Asia-Pacific accounting for half of
the total amount. The growth of the industry is indubitably supported by online
streaming media platforms. This article aims to explain what E-Sports is and to give the readers
an insight on the key legal questions raised by it. More...
Editor's note: Marine Montejo is a graduate from the College of
Europe in Bruges and is currently an intern at the ASSER International Sports
The result of the Brexit referendum on 23
June 2016 took the European Union (almost) by surprise. A lot has been said and
written about the impact of the United Kingdom leaving the EU. As in all other
areas, the British sport sector will also face the effects of the modification
of the relationship between the EU and its (probable) former Member State, the
UK. It is nearly impossible to foresee all consequences as the UK has not even
triggered article 50 TFEU yet to officially start the exit negotiations.
However, as the UK position toward the EU will change in any case, this two-part
blog aims to examine the main practical implications of such an exit for the
UK, but also for the EU, in relation to the actual application of EU law in
sport and the EU sport policy.
Unless stated otherwise, the use of the
terms Brexit in this blog should be understood as a complete exit of the UK
from the European Union. This blog focus in particular on this worst case
scenario and its consequences for UK sport. However, it is highly improbable
that the future Brexit negotiations with the EU will end up without some kind
of special agreement between the two parties the first of which being an EEA
type of agreement with full access to the internal market and applicability of
The first part of this blog will examined
the consequences for UK sport in terms of access to the EU internal market and
the applicability of free movement principles. The second part is focused on specific
impacts with regard of others domain of EU law for professional and grassroots
UK sport. More...
Editor’s note: Kester Mekenkamp is an LL.M. student in European Law at Leiden University and an intern at the ASSER International Sports Law Centre.
On 17 February 2016,
the Landesarbeitsgericht Rheinland-Pfalz
delivered its highly anticipated decision in the appeal
proceedings between German goalkeeper Heinz Müller and his former employer,
German Bundesliga club Mainz 05.
The main legal debate revolved around the question (in general terms) whether
the use of a fixed term contract in professional football is compatible with
German and EU law.
In first instance (see
our earlier blog posts, here and here), the Arbeitsgericht Mainz had ruled that the
‘objective reasons’ provided in Section 14 (1) of the German
Part-time and Fixed-term Employment Act (Gesetz über Teilzeitarbeit und befristete
Arbeitsverträge, “TzBfG”), the national law implementing EU
Directive 1999/70/EC on fixed-term work, were not applicable
to the contract between Müller and Mainz 05 and therefore could not justify the
definite nature of that contract.
In its assessment the court devoted special attention to the objective reason
relating to the nature of the work, declining justifications based thereupon.
Tension rose and the verdict was soon labelled to be able to have Bosman-like
implications, if held up by higher courts.
Editor’s note: This report compiles all relevant news, events and materials on
International and European Sports Law based on the daily coverage provided on
our twitter feed @Sportslaw_asser. You are invited to complete this survey via the comments section
below, feel free to add links to important cases, documents and articles we
might have overlooked.
The eagerly awaited FIFA Presidential elections of 26 February provided
for a “new face” at the pinnacle of international football for the first time
since 1998. One could argue whether Infantino is the man capable
of bringing about the reform FIFA so desperately needs or whether he is simply
a younger version of his predecessor Blatter. More...
Zlatka Koleva is a graduate from the Erasmus University Rotterdam and is currently an Intern at the ASSER International Sports Law Centre.
The decision on appeal in the case
of O’Bannon v. NCAA seems,
at first sight, to deliver answers right on time regarding the unpaid use of
names, images and likenesses (NILs) of amateur college athletes, which has been
an ongoing debate in the US after last year’s district court decision that
amateur players in the college games deserve to receive compensation for their
The ongoing struggle for compensation in exchange for NILs used in TV
broadcasts and video games in the US has reached a turning point and many have
waited impatiently for the final say of the Court of Appeal for the 9th
circuit. The court’s ruling on appeal for the 9th circuit, however,
raises more legitimate concerns for amateur sports in general than it offers
consolation to unprofessional college sportsmen. While the appellate court
agreed with the district court that NCAA should provide scholarships amounting
to the full cost of college attendance to student athletes, the former rejected
deferred payment to students of up to 5,000 dollars for NILs rights. The
conclusions reached in the case relate to the central antitrust concerns raised
by NCAA, namely the preservation of consumer demand for amateur sports and how
these interests can be best protected under antitrust law. More...
The first part of the present blog article provided a
general introduction to the compatibility of fixed-term contracts in football
with Directive 1999/70/EC
(Directive). However, as the Member States of the European Union enjoy a
considerable discretion in the implementation of a directive, grasping the
impact of the Directive on the world of football would not be possible without considering
the national context. The recent ruling of the Arbeitsgericht Mainz (the lowest
German labour court; hereinafter the Court) in proceedings brought by a German
footballer Heinz Müller provides an important example in this regard. This second
part of the blog on the legality of fixed-term contract in football is devoted
to presenting and assessing the Court’s decision.
I. Facts and Procedure
Heinz Müller, the main protagonist of this case, was a goalkeeper
playing for 1.FSV Mainz 05 a club partaking to the German Bundesliga. More...
On 25 March 2015, the Labour Court of Mainz
issued its decision in proceedings brought by a German footballer,
Heinz Müller, against his (now former) club 1. FSV Mainz 05 (Mainz 05). The
Court sided with the player and ruled that Müller should have been employed by
Mainz 05 for an indefinite period following his 2009 three year contract with
the club which was subsequently extended in 2011 to run until mid-2014. The
judgment was based on national law implementing Directive 1999/70 on fixed-term
(Directive) with the latter being introduced pursuant to art. 155(2) TFEU (ex
art. 139(2) TEC). On the basis of this
article, European social partners’ may request a framework agreement which they
conclude to be implemented on the European Union (EU, Union) level by a Council
decision on a proposal from the Commission. One of the objectives of the framework
and therefore of the Directive, was to establish a system to prevent abuse
arising from the use of successive fixed-term employment contracts or
which lies at the heart of the discussed problem.
Introduction: FIFA’s TPO ban and its compatibility with EU competition law.
Day 1: FIFA must regulate TPO, not ban it.
Day 2: Third-party entitlement to shares of transfer fees: problems and solutions
Day 4: Third Party Investment from a UK Perspective.
Day 5: Why FIFA's TPO ban is justified.
Editor’s note: Ariel N. Reck is an Argentine
lawyer specialized in the football industry. He is a guest professor at ISDE’s
Global Executive Master in International Sports Law, at the FIFA CIES Sports
law & Management course (Universidad Católica Argentina) and the Universidad
Austral Sports Law diploma (Argentina) among other prestigious courses. He is a
regular conference speaker and author in the field of sports law.
Being an Argentine lawyer, Ariel will focus on the impact FIFA’s TPO ban
will have (and is already having) on South American football.More...
In the wake of the
French Labour Union of Basketball (Syndicat National du Basket, SNB) image
rights dispute with Euroleague and EA Games, we threw the “jump ball” to start
a series on players’ image rights in international professional basketball. In our first blogpost, we discussed why
image rights contracts in professional basketball became a fertile ground for disputes
when it comes to the enforcement of these contracts by the Basketball Arbitral
Tribunal (BAT). Indeed, we pointed out that clubs might take advantage of the
BAT’s inconsistent jurisprudence to escape obligations deriving from image
In this second limb, we will open a second
field of legal battles “around the rim”: the unauthorized use of players’ image
rights by third parties. We will use as a point of reference the US College
Athletes image rights cases before US Courts and we will thereby examine the
legal nature of image rights and the precise circumstances in which such rights
may be infringed. Then, coming back to where we started, we will discuss the
French case through the lens of US case law on players’ image rights.
Source: http://philadelphia.cbslocal.com/2013/09/27/ea-sports-settles-college-likeness-case/ More...
addressed to fans of French teams featuring in the recently launched video game
NBA 2K15: Hurry up! The last jump ball for Strasbourg and Nanterre in NBA 2K 15
may occur earlier than expected. The French Labour Union of Basketball (Syndicat
National du Basket, SNB) is dissatisfied that Euroleague and 2K Games did not
ask (nor paid) for its permission before including the two teams of Pro A in
the NBA 2K15 edition. What is at issue? French
basketball players’ image rights have been transferred to SNB, which intends to
start proceedings before the US Courts against 2K Games requesting 120.000
euros for unauthorized use of the players’ image rights. SNB is clear: it is
not about the money, but rather to defend the players’ rights.
Strasbourg and Nanterre risk to “warm up” the virtual bench if this litigation
Source: http://forums.nba-live.com/viewtopic.php?f=149&t=88661&start=250 More...