The Intellectual Layer of Esports
The firmest statutory foundation of esports law is the Law on Copyright and Neighbouring Rights. Every professional match runs on two layers of this law: the first is the video game itself — a computer program with the creative decisions embedded in it; the second is the live broadcast and the recording of the match — an audiovisual product created by the activity of the tournament organizer, the broadcaster or the player. Different subjects assert claims over these two layers, and it is precisely there that most esports disputes are born.
Under the law, the author or other holder of copyright has the exclusive right to use a work in any form — the right to carry out, permit or prohibit its use (Article 18). In esports this means that every form of commercial exploitation of a game — tournaments, broadcasts, recordings — rests on the consent of the person holding the rights to that game.
Public Transmission and Streaming
The exclusive right of use encompasses the public transmission of a work — first and repeated — as well as its transmission by wire or wireless communication in such a way that it is available to any person at a time and from a place chosen by that person (Article 18, part 2, subparagraph (v)). This is exactly the formulation on which streaming platforms stand: an online broadcast of a match is an exercise of the right of public transmission, and its legality depends on the existence of a licence or another basis.
The same article provides the rights of public display, public performance, reproduction, distribution, import, translation and adaptation, together with the right to remuneration: the author or other holder of the exclusive right is entitled to an author's royalty for any form of use of the work (part 3). For a tournament organizer this means that every monetization channel of the event must be covered by an appropriate right.
The Position of the Game Publisher
The author of a computer program enjoys, in addition to the general rights, the exclusive right to carry out, permit or prohibit the reproduction of the program by any means and in any form, in whole or in part — where loading, displaying, running, transmitting or storing the program requires it, the author's consent is necessary — as well as its conversion from one programming language to another, adaptation, arrangement or other alteration (Article 19). This norm secures the publisher's position: an esports event built on the publisher's game is conducted under its rules and with its permission.
In practice, publishers govern tournaments through licences or terms of use: for some games commercial use is free within defined limits, while others require direct permission. For an organizer, establishing this regime before the event is an essential stage whose omission puts the whole project at risk.
Match Recordings and the Videogram
The producer of a videogram owns the exclusive right to use the videogram in any form, including the right to receive remuneration for every form of use; the right covers direct or indirect reproduction, distribution, import and transmission by wire or wireless means, and it may be transferred to another person by contract (Article 49). A match recording is precisely such a videogram — and the question of who its producer is, the organizer or the broadcaster, must be settled in the contract.
In Georgia, the first sale of copies of a videogram by its producer or with its consent exhausts the producer's right over their further distribution within the country — a rule that shapes the market for recordings. For streamers and teams it is important that the boundaries of their own content be divided precisely by contract: who owns the monetization of the recording, its repeat showing and the archive.
Frequently Asked Questions
Who owns the right to broadcast a match?
Public transmission is the exclusive right of the copyright holder (Article 18), while the recording engages the producer's right in the videogram (Article 49). The tournament package distributes both layers by contract.
Can a game be used in a tournament without permission?
The use of a computer program is governed by the author's rights (Article 19); some publishers' terms grant broad permission, but that is each game's own regime and must be verified in every case.
Who is the producer of a recording?
The person who undertakes the production of the videogram — usually the organizer or the broadcaster; the status is fixed by contract, and from it flow the rights of reproduction, distribution and transmission (Article 49).
How is content monetized lawfully?
The right to a royalty accompanies any form of use of a work (Article 18); appropriate licences and contracts make the channel lawful and reduce the risk of disputes.
How We Help on Legal.ge
The Legal.ge team assists esports clubs, organizers and streamers: preparing the legal package for tournaments, distributing broadcast and recording rights, licensing with publishers and drafting the IP clauses of players' contracts. We map the rights of your project and record what belongs to each participant. Contact us to discuss your specific situation.