• 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

Rechtsanwalt Marian Härtel - ITMediaLaw > Law and Esport > Esport Contracts: Professional Players

Esport Contracts: Professional Players

29. January 2020
in Law and Esport
Reading Time: 5 mins read
0 0
A A
0
checklist 2077020 1280
Key Facts
  • Player contracts are essential for esport players in order to formally regulate rights and obligations.
  • The remuneration should include both a fixed salary and variable components from tournament income and sponsorship money.
  • Contractual regulations on vacation and working hours are crucial for maintaining performance.
  • Regulations for ancillary income and own sponsors must be clearly defined.
  • Existing social security laws should be taken into account in the contract in order to avoid legal problems.
  • The termination of the contract and transfer fees for possible transfers must be regulated.
  • Contracts should contain comprehensive legal details and formalities in order to avoid potential disputes.

Player contracts in esport. What should i consider?

Content Hide
1. Player contracts in esport. What should i consider?
2. Rights and obligations
3. Remuneration
4. Place
5. Holidays and working hours
6. Equipment of the team and rules
7. Ancillary employment/ancillary income
8. Social security and other laws
9. Transfer of contract
10. Termination of the contract
11. Other
12. Conclusion
12.1. Author: Marian Härtel

In the past, it was unusual for players to have their own contracts with clubs, clubs or clans. A large part of the esports scene was in the hobby area. In the highest case of feelings, the whole thing could be described as semi-professional, because the player himself had his own revenue via YouTube or Twitch, or because there might have been an agreement that winnings would be shared “fairly” in tournaments.

In principle, professional players must definitely have a contract drawn up, negotiated and signed. Although this is not yet common in many cases, as a lawyer it is important to advise against it. Contracts generally bring security and regulate fair coexistence.

The following list is intended to be a list of 10 problem areas, which I, as a lawyer, consider important to discuss and regulate. It is not so much a question of whether each problem is really dealt with individually. Topics can also be summarized. However, it is important to develop a problem awareness for contract design as a player – in case of doubt, everyone should contact a lawyer. For a more general summary, I refer to this article on the subject. I will therefore spare myself unnecessary repetitions on parties, notice periods and the like in this article.

Rights and obligations

Fundamental rights and obligations should be clarified. In addition to the game being played or used by the player, this also includes his tasks and time. Activities in social media channels, streaming platforms and events should also be regulated. Participation obligations at tournaments (whether online or offline), including details such as travel expenses, possible illness, possible technical faults and precautions to prevent them, are of course also included in this section. As tasks and organisations can change constantly, the possibility of change and how these are agreed should also be regulated. Contractual consequences in the event of breach of obligations must also be observed.

Of course, players’ rights are at least as important, and it is reasonable to separate general rights and remuneration.

Remuneration

Let us start with one of the most important aspects. How, when and by whom the player is paid. The remuneration should result from a fixed salary for the term of the contract and a variable share. The variable share is then usually calculated from a percentage of the advertising revenue of the entire organization, tournament revenues and sponsorship money. If the player is still successfully acting as a streamer himself, it should be regulated who receives what revenue from the respective platforms. The remuneration then includes all payment modalities. It may also be necessary to regulate what happens in the event of a breach of contract or if the player acts too contrary to general rules of conduct or otherwise harms the club. Payment defaults of the association, interest, legal remedies and the like also belong in a seriously agreed contract. Of course, bonuses should also be regulated here, which are due, for example, when certain goals are achieved, be it in tournaments or on social media channels. If a “salary” is agreed, rules should be in place on the respective terms. Legal rules as well as rules of game operators such as “Riot” must be observed. It is also important to note what is due to a consideration during breaks in play and how remuneration changes when the team is relegated or promoted to leagues?

Place

It should be regulated where and how the player acts for the club. Is there a “clubhouse”? Is everything digital? When do tournaments take place? Are there training camps? Especially in the case of international associations, these regulations are directly followed by questions or clauses relating to the place of jurisdiction, applicable law and the like. It is also conceivable, of course, that a player changes his place of residence for a new contract and the team participates in the resulting costs.

Holidays and working hours

Holidays and working hours (time zones should be considered at international clubs) should also be part of a truly professional team and players. Recovery periods are an important tool not only for traditional employment contracts to maintain performance, but also for esports. Of course, these can be designed quite variably, as well as include overtime and the like. However, legal requirements that limit the daily number of hours, breaks and the like– at least formally, must also be observed. This also applies to requirements for minimum quantities for vacation days.

Equipment of the team and rules

With the increasing professionalization of esports, rules and possibilities that were previously only known from traditional sports are considered. Are there coaches, coaches or teachers? Is there a training ground? Since there are already providers of nutrition especially for esports players, the question could also arise whether there are dietary guidelines. Rules on sleep before tournaments, the way of arrival and the like could also be explicitly regulated. If there is already a code of conduct or the like in the whole team, it is of course also possible to simply refer to such a reference or make it part of the employment contract.

Ancillary employment/ancillary income

In times of a “football leak” should regulations be included as to whether contracts with own sponsors are permitted and how revenue is handled from activities that do not relate to actual gaming? Are they allowed at all? To what extent? Under what conditions?

Social security and other laws

I have already mentioned some of it, but in almost every country, existing social security laws should be observed. Although this mainly concerns the team in case of doubt, holiday entitlements, working hours as well as health insurance, continued pay and pension rights are sometimes to be examined or regulated. Some European countries, such as Germany, also have systems that share tax obligations and social security payments. This would have to be taken into account both in the rules on remuneration and, for example, in the question of who is a contractual partner of the streaming portals.

Transfer of contract

A mixture of questions from the contracting party and termination of the contract arise in the case of investments that are currently increasingly being made in the esports scene. What happens in the event of a merger of teams or companies? What happens if the team’s operating company gets a new owner? Or if a new owner wants to set other priorities?

Termination of the contract

In addition to the regular termination of a contract, or the lack of an extension in the event of a fixed-term contract, questions of transfer fees are now also being raised in esport. Should another club have the right to sign a player when the current contract is still in progress? If so, what are the contractual consequences for the current contract, what compensation will the current team receive? Questions about what happens to current leagues, tournaments, rankings and the like would also have to be clarified in the event of a contract transfer. In addition to rules on termination, regulations concerning descendants (in the event of the death of a contracting party) can also be important, even if the latter is always often superseded.

Other

Other rules that have to be observed relate to jurisdictions, applicable law, terms, confidentiality, written form requirements and other formalities and contractual procedures. This usually sounds extremely boring for legally uneducated people. However, such details can often be particularly crucial. Usually especially when there is a dispute or when a party no longer wants to apply the contract to itself. The question of the applicable law often also affects costs massively, because while in some countries, such as Germany, legal fees are limited, in other jurisdictions, such as the United Kingdom or the USA, these can also quickly get out of hand.

Conclusion

The most important thing, however, is that all these problems are negotiated, discussed and, if necessary, resolved. A treaty should not be unnecessarily excessive and should contain nonsensical rules, nor should important aspects be overlooked. As a player, the most important clue should also be to read the contract and understand the consequences in order to seek expert advice in case of doubt or uncertainty.

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: digitalEsportEsportsEventsInterestInvestmentKündigungLawsLawsuitPortalSicherheitSocial securitySponsorTwitchVerträgeWritten formYouTube

Weitere spannende Blogposts

Traunstein District Court ruling: Liability for misleading hotel star information and embedded illegal content

abmahnung
31. May 2023

Liability for misleading hotel star ratings The Traunstein Regional Court recently handed down a ruling that could have far-reaching implications...

Read moreDetails

The power of arbitration: key benefits and potential pitfalls for contracts

The power of arbitration: key benefits and potential pitfalls for contracts
26. June 2023

Arbitration plays an essential role in the modern business world. Arbitration can be used to resolve disputes between parties outside...

Read moreDetails

Spam is not limited to email

Spam is not limited to email
7. November 2022

Today I reported on this ruling of the OLG Nuremberg. Moving away from the actual legal issues surrounding advertising, the...

Read moreDetails

Termination Assistants and Consumer Protection: Compliance with Section 312k of the German Civil Code (BGB)

Termination Assistants and Consumer Protection: Compliance with Section 312k of the German Civil Code (BGB)
2. June 2023

Cancel button Pursuant to Section 312k of the German Civil Code (BGB), it is a legal requirement for companies offering...

Read moreDetails

Federal Council fails to find majority against cybercrime

Federal Council fails to find majority against cybercrime
7. November 2022

No majority for proposal to combat cybercrime A bill from Bavaria to combat cybercrime was voted on in plenary on...

Read moreDetails

NFT and esports: an additional income opportunity or high legal hurdles?

What is “digital property” and how can I benefit from it?
16. May 2023

Introduction to NFTs and Digital Assets Non-fungible tokens (NFTs) are an emerging area of digital assets based on blockchain technology....

Read moreDetails

Risks when using and offering no-code platforms as SaaS

Risks when using and offering no-code platforms as SaaS
10. July 2023

At first glance, the title of this blog post might seem like a winner in the contest for most anglicisms...

Read moreDetails

15 common misconceptions about terminology in the startup sector

New info on the status of the State Media Treaty
13. August 2024

As a lawyer who advises many start-ups and young entrepreneurs, I often come across errors in the use of technical...

Read moreDetails

Legal evaluation of “swatting” in esports/streamers

Legal evaluation of “swatting” in esports/streamers
31. October 2019

What is swatting? Swatting has now become a bad habit in the US, affecting famous streamers in particular. But how...

Read moreDetails
European Parliament

EU Treaty

26. June 2023

Introduction The EU Treaty, also known as the Treaty on European Union (TEU), is one of the fundamental treaties on...

Read moreDetails
be92ca038d3aaa8f05b70a7e70d40ba1

Future Financing Act (ZuFinG)

9. November 2024
New AI feature on ITMediaLaw: Quick check of individual contract clauses

Complementary

10. November 2024
What actually is an IP? In the games, music and film industry!

Principle of territoriality (copyright)

26. June 2023
Working capital

Seed capital

25. June 2023

Podcast Folgen

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

9e9bbb286e0d24cb5ca04eccc9b0c902

Legal challenges of innovative business models

1. October 2024

In this captivating podcast episode, I dive deep into the world of legal challenges associated with innovative business models as...

092def0649c76ad70f0883df970929cb

Influencers and gaming: legal challenges in the digital entertainment world

26. September 2024

In this captivating episode, lawyer Marian Härtel takes listeners on an exciting journey through the dynamic world of influencers and...

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...

  • 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