Intellectual property law

Abstract

This chapter explores the role of intellectual property (IP) in the commercialisation and regulation of sports and eSports, focussing on copyright, trade marks, and image rights. It outlines how these rights enable key stakeholders - such as sports organisers, players and fans - to assert control over various aspects of sporting content and performances. Though comparative analysis of legal frameworks in Germany, the EU, and the UK, the chapter highlights significant jurisdictional differences in the protection and interpretation of these rights, particularly in relation to the use of player likenesses and ownership of performance outputs. The chapter also investigates how new technologies, including generative artificial intelligence (AI) and Non-Fungible Token (NFTs), might complicate rights-based relationships in both fields. A central theme is the imbalance of rights and bargaining power among stakeholders, especially players, whose creative contributions are often excluded from IP protection. In doing so, the chapter raises normative questions and critical reflections on fairness, enforcement, and contractual practices in the regulation of sports and eSports content.