• Mehr als 3 Millionen Wörter Inhalt
  • |
  • in**@********aw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Compensation in esport in case of player change?

19. December 2019
in Esport Business, Law and Esport
Reading Time: 3 mins read
0 0
A A
0
business world 541430 1280
Key Facts
  • Esports-Teams sollten professionelle Verträge nutzen und Beratung in Anspruch nehmen, um wirtschaftlichen Erfolg zu sichern.
  • Die rechtliche Haftung bei Vertragsbrüchen ist komplex; Unterschiede zwischen Angestellten und Auftragnehmern müssen berücksichtigt werden.
  • Vertragliche Strafen können helfen, die Einhaltung von Verträgen zu gewährleisten und Risiken für Teams zu minimieren.

In the last few months, I have had to deal several times with the question of whether a team/organization is entitled to a claim for damages against the player or against the new team in the event of a change of player.

Content Hide
1. Professional advice, the situation in esports
2. Damages?
2.1. Workers
2.2. Contractor
3. And therefore
3.1. Author: Marian Härtel

Professional advice, the situation in esports

As regular readers of my blog notice, I regularly advocate that esports teams work with professional contracts and get professional advice. Otherwise, as a team, it will hardly be possible to achieve greater economic success.

The biggest problem is to design contracts and negotiate with the players, which also provide a longer-term perspective for the team and thus also for sponsors. Unfortunately, there are quite a few legal uncertainties here in esport. For more details, this item about transfer totals and this article on boot camps and player sales is appropriate.

The question therefore arises as to how long a player contract may run (see this article),which is also very dependent on whether an esport player is considered an employee or contractor.

Of course, with the large number of player contracts I have drafted in recent years, I have given a lot of thought to these problems. But what if, as an esport organisation, you do not even get the opportunity to talk or negotiate with players or a new team about things like transfer fees or other cooperation agreements? What if a player simply becomes a contract breakand and simply signs a new contract with a competing team. Notwithstanding the possible terms of an existing contract?

Damages?

Who may then be liable for damages. Now. Here, too, a distinction must be made between employees and contractors.

Workers

Of course, a team can terminate a player without notice if they refuse to work and play for a foreign team, for example. The obligation to pay the salary will then be eliminated, but that should not be the main reason for the team. The non-performance initially only eliminates the employee’s right to pay, but does not automatically create a claim for damages. The problem in labour law in Germany is that there is no reference to the success of the labour performance and therefore compensation cannot be affirmed even if the employee does not provide a certain service according to objective standards.

Compensation will therefore be very difficult to construct on a regular basis and, if at all, further reduced due to the application of the difference hypothesis (according to which the employer would have to be credited, for example, with saved expenses). In addition, employment tribunals may accuse the team of having no replacements. After all, the player could have been regularly ill or had an accident and would not be available to the team.

The only realistic possibility, therefore, is to agree on a claim for damages. Such agreements are, in principle, permissible. However, the limits developed by the courts must be taken into account. The clause must therefore be clearly formulated and transparent and the amount of the fine must not be excessive. The remuneration of the employee during the notice period of notice is usually based on the remuneration of the employee. Significantly higher sums are often considered inappropriate. However, I am not yet aware of any judgments for esport.

Nevertheless, consideration should be given to the use of a contractual penalty clause, as it often leads to greater compliance with the contract for employees. In theory, there is also the possibility of non-compete after the notice period, which would, however, include compensation payments from the original team and are otherwise subject to strict limits.

Contractor

In the case of contractors, it is theoretically possible to claim damages for non-performance. Depending on the design, claims for invain paid expenses, such as travel expenses, for replacements of players and many other points are possible. Damage is more problematic if a sponsor jumps off or cannot participate in a tournament.

As a rule, damage must be able to be quantified in concrete terms. That could be hard if it was only claimed that you could have won a tournament. It is here that the specific situation and the structure of the Treaties are important.

Contractual penalty clauses are of course also possible in marketing contracts and in contracts as a freelancer, but these must also be appropriate. In addition, it must be observed in such contracts that these are often classified as GTC and therefore not all clauses are possible (see this and this article). In the case of contractual penalty clauses, lump sum contractual penalties are difficult to implement and, moreover, the player usually has to be granted the power to use them in order for such penalties to be permitted at all.

And therefore

Due to the uncertainties, teams should above all take precautions. A good atmosphere in the team is still the most important thing. And more and more teams should also work with substitutes to mitigate entrepreneurial risks.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: AGBBeratungBlogComplianceContractDamagesEsportFeeFreelancerJudgmentLawLigamarketingSponsorVerträge

Weitere spannende Blogposts

BGH submits definition of “immaterial damage” under GDPR to ECJ

BGH submits definition of “immaterial damage” under GDPR to ECJ
10. November 2023

The VI. Civil Senate of the Federal Court of Justice referred questions to the Court of Justice of the European...

Read moreDetails

Program your own shopping area: Beware the fallacy of independence!

Program your own shopping area: Beware the fallacy of independence!
3. July 2023

Today I'd like to share an insight that just caught my eye while I was working. As a lawyer involved...

Read moreDetails

Participation in kick-off event Esport Law: Questions?

Participation in kick-off event Esport Law: Questions?
29. April 2019

On 17.05.2019, the inaugural conference of the Research Center for Esport Law will take place at the University of Augsburg....

Read moreDetails

Startup financing through tokenized profit participation rights and related financing options.

Startup financing through tokenized profit participation rights and related financing options.
7. November 2022

Introduction In Germany, startups still try to finance themselves in the classic way: Business Angel, capital from Friends & Family,...

Read moreDetails

T&Cs, regulation & compliance in blockchain & computer games: What you need to know

T&Cs, regulation & compliance in blockchain & computer games: What you need to know
14. December 2022

Introduction: why T&Cs, regulation & compliance are important in the blockchain and computer gaming space. Entering new technologies and industries...

Read moreDetails

Web pages without SSL. Danger of warning letters?

LG Munich: Data protection consent on dating platform
5. January 2019

Today I would like to point out a danger of a warning, which is - still - both legally and...

Read moreDetails

Google Play Requires Disclosure of Lootbox Probabilities

Google Play Requires Disclosure of Lootbox Probabilities
29. July 2019

Only recently there was a lot of debate in relevant forums as to whether loot boxes should actually be regarded...

Read moreDetails

Beware of fake streaming offers

Beware of fake streaming offers
7. November 2022

Currently, a number of fake companies seem to be taking advantage of the copyright reform and putting fake streaming services...

Read moreDetails

YouTube: Basic Thoughts on Self-Employment and Professionalization

Start my youtube channel
10. January 2019

While I am still tinkering with the improvements of my skills as a YouTuber (a more professional microphone has already...

Read moreDetails
Investment stock corporation with variable capital

Investment stock corporation with variable capital

16. October 2024

Definition and legal basis: An investment stock corporation with variable capital (InvAG) is a special form of stock corporation that...

Read moreDetails
BGH considers Uber Black to be anti-competitive

Federal Court of Justice (BGH)

25. June 2023
Participating Preferred

Participating Preferred

16. October 2024
Joint venture

Weighted Average Ratchet

16. October 2024
ESOP agreement

ESOP agreement

26. June 2023

Podcast Folgen

43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024

This episode of the ITmedialaw.com podcast is all about the importance of legal advice for startups. Host Marian Härtel talks...

d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024

In this episode of the Itmedialaw podcast, lawyer and entrepreneur Marian Härtel takes you on a journey through the legal...

75df8eaa33cd7d3975a96b022c65c6e4

Life as an IT lawyer, work-life balance, family and my career

26. September 2024

In this captivating episode of my IT Medialaw podcast, I, Marian Härtel, share my personal journey as a passionate IT...

d5ab3414c7c4a7a5040c3c3c60451c44

The metaverse – legal challenges in virtual worlds

26. September 2024

In this fascinating episode, we dive deep into the legal aspects of the metaverse. As a lawyer and tech enthusiast,...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung