Legal Considerations for Broadcasting and Streaming eSports Tournaments

Protection of Players’ Rights

The image of a person is protected as a symbol of personal dignity, and individuals have the right to prevent its unauthorized use (right of portrait). The Japanese Supreme Court precedent (November 10, Heisei 17 [2005], Minshu Vol. 59, No. 9, p. 2428, Hanji No. 1925, p. 84, Hanta No. 1203, p. 74) recognizes photography or use that exceeds the tolerable limits of social life as an unlawful act.

Furthermore, some players possess an image that has the power to attract customers and promote product sales, and they may be granted the exclusive right to utilize this customer attraction power (right of publicity). The Japanese Supreme Court ruling in the Pink Lady case (February 2, Heisei 24 [2012], Minshu Vol. 66, No. 2, p. 89, Hanji No. 2143, p. 72, Hanta No. 1367, p. 97) indicates that when an image is used as an independent object of appreciation, for the purpose of differentiating products, or as an advertisement, it may constitute an infringement of the right of publicity if the primary purpose is to exploit the customer attraction power.

Therefore, it is necessary to obtain consent from players that only the tournament organizers can broadcast or stream the entire event, including matches and award ceremonies, and that players will not object to such broadcasts or streams by the organizers. This consent is typically addressed by clearly stating it in the tournament regulations and obtaining individual agreement at the time of registration.

Overview of Rights Management in Broadcasting and Streaming

In broadcasting and internet streaming of eSports tournaments, organizers need to consider rights management concerning three main elements: game footage, players, and spectators.
For game footage, Japanese software production companies hold the copyrights, so obtaining their permission is necessary.
Regarding players and spectators, issues related to image rights arise, making it important to obtain appropriate consent from each party.

Addressing Spectators’ Portrait Rights

When broadcasting or streaming events, capturing the audience can similarly raise issues regarding portrait rights.
If filming in a way that individuals can be identified, it is necessary to obtain consent from the spectators for broadcasting or streaming.
This approach enables the smooth operation of the event while protecting rights.

Legal Considerations Regarding Game Footage

Game software is a composite work that combines various elements such as visuals, music, storylines, and personalitys. According to a Japanese Supreme Court precedent (April 25, Heisei 14 [2002], Minshu Vol. 56, No. 4, p. 808, Hanji No. 1785, p. 3, Hanta No. 1091, p. 80), games may be treated as cinematographic works.

The act of broadcasting or distributing someone else’s copyrighted work may infringe on the copyright holder’s right of exhibition (Article 22, Paragraph 2 of the Japanese Copyright Act) and right of public transmission (Article 23 of the same law). Therefore, it is essential to obtain permission from the rights holder. By clearly defining the scope and conditions of the permission in writing, future disputes can be prevented.

Currently, individuals are uploading gameplay videos to video-sharing sites without obtaining individual permissions. This is often overlooked by software manufacturers considering the promotional effect of the games. However, for tournament broadcasts, it is imperative to obtain permission from the copyright holder.

Generally, a comprehensive permission from the game production company can address these issues. However, if the musical works are managed by JASRAC (Japanese Society for Rights of Authors, Composers and Publishers), a separate permission process is required, so caution is necessary.

Practical Measures for Tournament Management

When managing a tournament, it is essential to systematically handle each rights-related process from the planning stage.
Firstly, regarding obtaining consent from participants, it is advisable to confirm consent not only through the entry form but also in writing during the registration on the day of the tournament.
Particularly for teams with professional athletes, prior coordination with their management offices is necessary.

Keeping clear records of rights processing is crucial to prevent future disputes, specifying the timing, method of acquisition, and scope of consent.
Additionally, it is recommended to establish management regulations for recorded footage and streaming data, defining their intended use and retention period.

Considerations for Each Distribution Platform

When using a distribution platform, it is essential to ensure compliance with the platform’s terms of use.
For instance, some platforms may have restrictions on the secondary use of distributed videos or specific regulations regarding monetization.
Additionally, if regional restrictions need to be set, it is necessary to confirm the technical feasibility of such settings when selecting a platform.

Regarding archived distribution, special attention is required to determine whether it is included within the initial scope of permission.
For example, even if permission is obtained for live streaming of a tournament, separate permission may be required for archived distribution or edited versions.

Additional Considerations for International Competitions

In the case of international competitions, selecting the governing law and adjusting the rights relationships across countries become crucial.
Particularly, it is important to note that the degree and scope of protection for rights such as the right of publicity and portrait rights vary by country.
When overseas players participate, it is advisable to consider preparing consent documents in their native languages.

Additionally, when providing live commentary and analysis in multiple languages during broadcasts, it is necessary to handle rights related to translation.
Proper management of copyrights concerning the statements of commentators and analysts, as well as the rights of translators, is essential.

To prepare for the risk of unexpected rights infringements, competition organizers should consider obtaining appropriate insurance and establishing procedures for responding to any infringements that may occur.
Especially in international competitions, it is important to build a legal framework that also considers litigation risks.