Oziel Law Blog

Drafting and Negotiating eSports Player Contracts

by Allan Oziel on September 19, 2017 No comments

It may come as a surprise to some, but eSports is big business. eSportEarnings.com has recorded over USD$360 million in earnings over about 23,000 tournaments. The biggest stars in League of Legends have earnings over $800,000. However, eSports is not reserved for Multi-player Online Battle Arena games anymore. In 2018, the NBA will be releasing the NBA 2K eLeague. Existing basketball franchises have already committed to purchase and run eSports teams.

Much like traditional sports, eSports teams need to scout, recruit and retain the most talented players or athletes. As well, like traditional sports, teams, and players (or their agents) must negotiate well-drafted player contracts.

The following is a non-exhaustive list of provisions that should be negotiated in a player contract:

Player Responsibilities

The contract should set out that the player must attend and participate in all scheduled practices, meetings, games, tournaments, team promotional and commercial activities.

Compensation

How will the player be compensated? Is there a salary plus performance bonuses for placing in tournaments or the success of the team in the eSports league?

Will the team cover all travel and tournament-related expenses?

Player Conduct and Responsibilities

The contract should clearly state minimum conduct rules, which may reference (a) a player’s behavior, (b) what a player can wear during promotional events, tournaments, live streams, etc., (c) what gaming gear the player can use, (d) whether the player is required to participate in media appearances, social media, endorsements, etc., (e) how the player must conduct himself/herself at all times while employed by the team.

Player Assignment

Like professional sports, eSports teams should have the right to assign the player contract (trade the player) to other teams within the same eSports league.

Contract Guarantees

Will the team provide the player with a guaranteed contract? If so, then a clear term must be set out and a description of the payout on early termination should be described.

League Rules

It is important to note that some eSports leagues have their own set of rules that each team (and their players) must abide by. These rules should be taken into consideration when drafting/negotiating player contracts.

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Allan OzielDrafting and Negotiating eSports Player Contracts

Trademarks Abroad: The Madrid System and Canada

by Kristine on July 27, 2017 No comments

With growing access to foreign markets, it’s no surprise that more Canadian businesses are looking to protect their trademarks abroad. In 2014, adopting an international trademark registration system was a distant and abstract concept. Now, following a series of changes to Canadian trademark laws, the Madrid Protocol is closer than ever to being implemented.

With increased access to foreign trademark protection on the horizon for Canadian businesses, what is the Madrid Protocol and how will it affect your business?

An International One-Stop Shop

The concept of the Madrid Protocol is simple: a business from a member nation can file one application and pay one set of fees to protect and manage a trademark in one or more of the 98 member nations through a centralized system overseen by WIPO.

Take for example a business in the United States that wants to expand its reach into the Singaporean market. The business has two marks: one is registered and the other is in the early stages of the U.S. trademark application process. Both of these can be submitted through the U.S. trademark office to the World Intellectual Property Office (WIPO).

WIPO reviews, approves, and records both applications. The U.S. business receives a certificate of the international registration for both marks. From there, the Singaporean trademark office has 12-18 months to review and approve or reject the applications. If the mark is accepted in Singapore, it is the same as if it had been registered directly with the Singaporean office.

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KristineTrademarks Abroad: The Madrid System and Canada

Anonymous Defamation on WeChat (Full English Article)

by Allan Oziel on February 23, 2016 No comments

 

Earlier in December, I posted a link to an article I wrote for Chinese News Group which was translated into Chinese. The following is the full article in English.

….

According to Tencent, China’s biggest social network and online entertainment company, its flagship live chat, calling and social media application is used by over a billion people worldwide. In Canada, the app is particularly popular within Asian communities.

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Allan OzielAnonymous Defamation on WeChat (Full English Article)

Navigating Video Game Licensing

by Allan Oziel on February 23, 2016 No comments

Nerd Alert: I was into video games since as early as I can remember. I first remember playing early games long Pong, Breakout and Donkey Kong on the Atari 2600. I then remember when my dad got my brother and I the first generation Nintendo. We were lucky enough to have many games including all of the Mario Brothers games, Ice Hockey, Excite Bike, Zelda, Tetris, etc.

Through the years, my brothers and I ran through many consoles including the Sega Genesis, Playstation, Xbox, Xbox 360 and finally the Playstation 3. I also played video games on the computer! As my brothers and I got older, we were mostly into sports games but I also loved third person shooter games.

Despite loving games, I never thought I would have the opportunity to have my work intersect with the video game industry. Luckily, given my line of work, I have had the great fortune of being able to negotiate some very interesting video game licenses.

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Allan OzielNavigating Video Game Licensing

What Happens to Your Digital Assets When You Die

by Allan Oziel on January 19, 2016 No comments

Global TV interviewed me to discuss what happens to your digital assets when you die.

 

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Allan OzielWhat Happens to Your Digital Assets When You Die

Anonymous Defamation on WeChat

by Allan Oziel on December 18, 2015 No comments

WeChat is an extremely popular social media application in Asia and in asian communities in Canada, however, there is a growing number of users who are falling victim to anonymous defamation on the social media platform. I wrote about the issues and potential strategies for those who have been defamed for the Chinese Newsgroup newspaper and website.

The article has been translated to Chinese and can be viewed by clicking here. An English version of the Article will be posted on the Oziel Law Blog shortly.

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Allan OzielAnonymous Defamation on WeChat

When Should You Trademark?

by Allan Oziel on December 15, 2015 No comments

I get asked this question all of the time. It’s a loaded question.

Back in an earlier blog post, I explained what a trademark is. Essentially, a trademark could be a word, slogan, design or even a sound that distinguishes the goods and services of one business from those of other businesses. The reason why the question is loaded is because the common law affords certain rights to those who “use” a mark and have “become known” for that mark in relation to goods and services. Therefore, even without applying for a registered trademark, a user of such marks will be afforded some rights.

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Allan OzielWhen Should You Trademark?

Hackathon Terms

by Allan Oziel on November 6, 2015 No comments

I was recently asked to prepare Terms and Conditions for a Hackathon. For those who don’t know, a Hackathon is basically a competition/event where the participants are asked to develop a piece of software under certain conditions (often within a one or two day period) that meets the theme of the competition.

Sometimes the Hackathon is sponsored with the intent that the entry will be owned or licensed by the sponsor.

When preparing Hackathon terms, you will want to make sure that you address the following:

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Allan OzielHackathon Terms