The Legality of eSports


Recently I was interviewed by Nicholas Yanes, a contributor to SciFi Pulse, on the subject of eSports. Given the increased visibility of eSports on platforms like Twitch and YouTube, as well as the unique financial and legal aspects involved, eSports are a very hot topic right now. Here is a taste of what we discussed, with the remainder of the interview after the jump.

Nicholas Yanes: First, as the Founder of Loading Law what are some of the cases that people dealing with videogames should know?

Ross Hersemann: Currently, cases that deal with the right of publicity and celebrity likenesses are all the rage. In particular, gamers should keep an eye on Lindsay Lohan’s current lawsuit in New York against the makers of Grand Theft Auto V. She has claimed, among other things, that characters in that game are based on her and that she should be compensated for the alleged use of her likeness. The outcome of her case could impact how celebrities, or characters based on celebrities, are featured in games. The financial impacts, and free speech implications could be very interesting.

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