CIVIL LAW CONTRACTS IN ESPORTS: LEGAL ANALYSIS

Abstract

The article is a scientific study of civil law contracts in eSports. Compared to traditional sports, contracts in eSports are endowed with certain features that are related to the objective conditions of activity of eSportsmen. The key difference between e-sports contracts and their counterparts in traditional sports lies in the special role of intellectual property rights. With the help of the legal construction of the contract in e-sports, the legal status of the participants in e-sports relations is fixed. For an e-sportsman, this plays a significant role, because he is endowed with rights and obligations – acquires a legal status. Rookie athletes often become victims of non-compliance with the contractual form, concluding a verbal contract with their counterparties. It is then difficult to refer to the oral agreement in court as a basis for your claims and/or objections to the claim in the dispute. Therefore, the legal status of an e-sportsman can be protected with the help of a well-thought-out, equal and fair contract, where all his rights and interests will be taken into account. The author of the article came to the conclusion that for optimal legal regulation it is best to perceive e-sportsmen as independent performers, and not hired workers. However, it may be established in court that the legal nature of the relationship between the parties does not correspond to the established contract, as a result of which the party that actually exercised greater control and power (relationship of subordination and subordination, as between an employee and an employer) over the other party will be assigned greater responsibility as an employer - in accordance with labor law.