Overview

Esports law covers a variety of practice areas that present a rapidly-changing field and a unique set of challenges. This new guide discusses laws that govern esports and how the bodies of law that apply in the context of traditional sports are both similar to, and distinct from, those governing esports. With the global rise in prominence of the esports industry, there are questions to consider: what constitutes esports? What are the legal implications? How will it be regulated? This book, the first of its kind to address these issues, begins with a brief history of esports and leads up to today's growing industry. To help lawyers gain an understanding of the complexities of esports, this guide: Outlines the history and business environment of competitive electronic gaming. Explores the legal issues related to the esports industry, including the ownership of intellectual property rights; issues pertaining to gamers' rights of publicity; esports labor and employment matters; and issues pertaining to contest broadcasts. Examines the legal and public policy issues pertaining to esports, including the treatment of violent content in video games; the emergence of collegiate esports competitions; issues pertaining to the equitable treatment of women; esports gambling, doping, and immigration matters. Included is a valuable glossary of terms for esports and a conclusion projecting the long-term viability of esports and prediction for future business and legal trends.

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9781639050178

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John T. Holden is an Assistant Professor in the Department of Management in the Spears School of Business at Oklahoma State University. Prior to his arrival at Oklahoma State, John worked for two years as a Visiting Scholar at Florida State University in the Department of Sport Management. John’s academic scholarship is focused on legal and regulatory issues in the esports and sports gambling industries. He is the author of more than 50 academic articles on these and related subjects. John has also testified and submitted written recommendations regarding the legalization of sports betting and daily fantasy sports on the state and national level. John filed two amicus curiae briefs at the Supreme Court during the litigation that paved the way for legalized sports betting. He has also been quoted in a variety of news outlets including: USA Today, The Wall Street Journal, The New York Times, and NPR. John is a licensed attorney in the state of Florida. He earned his Ph.D. from Florida State University, his LL.B. from the University of Ottawa, and his J.D. from Michigan State University. He lives in Stillwater, Oklahoma with his wife Cassandra and his two children Cameron and Jack. Marc Edelman is a tenured Professor of Law at the Zicklin School of Business, Baruch College, City University of New York, where he teaches in the areas of sports law, antitrust law, intellectual property law, and gaming/ fantasy sports law. He has published upwards of 60 law review articles in leading journals and is regularly cited by the media on topics including how the Sherman Act applies to professional sports leagues, how gaming laws apply to fantasy sports contests, and how both labor laws and antitrust laws apply within the college sports industry. In addition to his full-time role as a law professor, Professor Edelman is the founder of Edelman Law, where he provides legal consulting and expert witness services to businesses in the commercial sports, entertainment and online gaming industries. Some of Professor Edelman’s recent clients include a Major League Baseball team, an international sportsbook, the Arena Football League Players Union, and several online fantasy sports providers. A magna cum laude graduate of the University of Pennsylvania’s Wharton School and a cum laude graduate of Michigan Law School, Professor Edelman began his professional career by practicing antitrust and sports law with the law firm Skadden, Arps, Slate, Meagher and Flom LLP. Thereafter, Professor Edelman practiced both litigation and transactional law in the sports and intellectual property practice groups of Dewey Ballantine LLP. He resides in Manhattan, New York with his wife Rachel. Rebecca Rosenthal is an Associate at a law firm in New York City, where she focuses her practice on employment and business litigation. She earned her J.D. from the University of Wisconsin Law School, where she served as the Senior Articles Editor of the Wisconsin Law Review, coached Wisconsin’s Labor and Employment Moot Court team, and worked as a Summer Law Clerk for the NFL. Prior to law school, Rebecca received her B.A. from the University of Michigan. Rebecca is the author of a law review article on the employment law challenges presented by the lack of banned substance policies in professional esports. Dr. Thomas A. Baker III is a tenured Professor of Sport Law at the International Center for Sport Management (ICSM), University of Georgia. He is also the Editor-in-chief for the Journal of Legal Aspects of Sport (JLAS), the only peer-reviewed sport law journal in the United States and a contributor to Forbes on subjects related to sports law. Dr. Baker’s research primarily focuses on the application of law to sport and within that focus he specializes in how commercial laws influence sport, such as legal issues concerning brand image/management and the regulation of marketing through advertisements and social media. He also conducts injury prevention research that focuses on the risk of sexual violence in sports, with a particular focus on methods for preventing violence against children. Dr. Baker has more than 60 scholarly publications and has written extensively on the influence of law on student-athlete regulations. Dr. Baker’s research was admitted into evidence in Alston v. NCAA and has been cited by the Kentucky Supreme Court in Jamgotchian v. Kentucky Horse Racing Commission. He also co-authored an amicus curiae brief that was submitted to the Ninth Circuit in O’Bannon v. NCAA on behalf of sport management professors. Dr. Baker received his Ph.D. from the University of Florida where he was a Dr. Charles W. LaPradd Fellow. He earned his J.D. from Loyola University of New Orleans School of Law where he graduated in the top 10% of his class and earned the distinction of William L. Crowe Scholar. He lives outside of Atlanta, Georgia with his wife Susana.

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