Posts

Shadows in the Spotlight: Predatory Management/Agency Contracts targeted at Video Game Streamers

Hi everyone,

Hope you all had a wonderful reading week! For our presentation on Wednesday, we will aim to tackle the questions below. Please have a look at the following articles addressing each question:

Playing video games as a professional: Who is a video game streamer?

What is the relationship between video game streamers and their agents/manager/team?

What are some common terms in a streamer’s contract that are oppressive or unfair? What legal issues would arise?

Case Study: Tfue v Faze Clan

What can we do about these oppressive streamer contracts?

Enjoy!

Priscilla Chan and Akash Ray

Loot Boxes: Gaming or Gambling?

Hi everybody, I hope you are all enjoying your reading break. Please take a quick look through these articles in advance of my presentation on Wednesday.

https://www.businessinsider.com/classifying-video-game-loot-boxes-as-gambling-2020-7

https://www.fasken.com/en/knowledge/2020/11/3-opening-pandoras-loot-box

Class 9 – 11.3.21; “Personality as Property in Video Games” + “Consumers & Users: Cases, Clauses, & Contexts, Part 2”

Video & slides below…

Jon

Class 8 – 10.27.21; “Consumers & Users: Cases, Clauses, & Contexts, Part 1”

Slides below. Video to come…

Huge thanks to Perry Bahniwal of EA for joining us for the second part of the class. The lecture-capture of that part of the class will not be posted for understandable reasons.

Jon

Is Zuckerberg’s Meta playing catch up to video games?

Hey all,

Wanted to share this article I came across which discusses how much of what Mark Zuckerberg has been pushing as the promise of Meta has existed to some degree within video games for years. Experiences like virtual hangouts, avatars and exploring virtual worlds exist in games from Roblox to Assasin’s Creed. Here’s a quick excerpt from the article to illustrate this:

Marne Levine (Meta chief business officer): “In the metaverse, you’ll be able to teleport not just to any place, but to any time as well. Ancient Rome. Imagine standing on the streets, hearing the sounds, visiting the markets, to get a sense of the rhythm of life over 2,000 years ago.”

Ubisoft’s “Assassin’s Creed Origins” and “Assassin’s Creed Odyssey” already both offer convincing, well-researched facsimiles of life over 2,000 years ago in their historical tour features. Both games allow players to freely roam through meticulously designed representations of ancient Egypt and Greece, including standing in marketplaces, watching iconic monuments being built and even learning factual information about them. The historical environments are so detailed, in fact, that Ubisoft’s recreation of Notre Dame was offered up to help with restoration efforts after the famed cathedral caught fire.
The article explains that much of what Meta aims to bring to the table is essentially uniting meta experiences into an integrated metaverse, rather than having separate experiences on different platforms. However, this would require unprecedented cooperation across all sectors. Zuckerburg is also placing heavy emphasis on VR technology, which as we’ve mentioned in class has failed to take off in a meaningful way. As a result, I would argue it seems unlikely that Meta will be able to make significant improvements on the meta experiences video games have already presented any time soon.

Overall, the article illustrates the overarching pattern of video games being somewhat overlooked as central tools of our culture. As the author concludes:

In reality, this was a news release about a company rebrand to spin the fact that Zuckerberg and Co. are catching up to the concept of the metaverse. They just happen to be a little late in hopping on board. Video game companies have already been hard at work building it for years.

Personality as Property in Video Game Law

Hi All,

Please read or have a brief overview of the below material for our presentation on Wednesday.

Our presentation will focus on questions such as:

What is the relationship between video games and the professional athletes themselves?

What about the relationship between video game law and esports athletes or popular streamers?

Can player ratings in video games have real life consequences?

And much much more! We look forward to an engaging conversation on these topics on Wednesday.

-What’s in a name (Image or likeness)? Quite a bit for Star College Athletes

Senate Bill No.26

-Faze Clan Inc v Turner Tenney

-Krouse v Chrysler Canada et al.

– Prise de Parole Inc v Guérin

-Fifa 22 ratings

-NHL 22 ratings

Thanks!

Lynn Momprevil and Tyler Severson

Why Can’t Anyone Turn Video Games Into Successful Movies?

Earlier this week, Sony Pictures released the first full trailer for their upcoming movie Uncharted, which is based on a wildly successful video game franchise that included four games and has sold over 40 million copies worldwide. At first glance, this project would seem to be almost guaranteed to succeed. The Uncharted games have a huge fanbase and feature compelling storylines and characters that could be easily transferred onto the big screen. Moreover, the movie has a large budget and features big-name stars like Tom Holland and Mark Wahlberg. However, if Uncharted becomes a hit at the box office it would be the exception for video game adaptations, not the rule.

Assassins Creed, for example, was released in 2016, was based on an even more successful video game franchise, also featured big-name actors, and ended up losing tens of millions of dollars at the box office. Other recent adaptations, like Tomb Raider or Mortal Kombat, at least broke even but were far from hits. Even adaptations that did fairly well in terms of sales, such as Warcraft and Angry Birds, generally receive poor reviews from audiences and critics.

The lack of both critical and commercial success enjoyed by video game movies becomes even more puzzling when considering the many successful movie-to-video game adaptations. From  Goldeneye 007, To Star Trek, To Star Wars Battlefront, There Have been some wildly successful movie-to-game Adaptations throughout the years. So what is it about turning a game into a movie that is so difficult?

Some of the difficulting in adapting video games seem to come down to poor decisions made by production teams, such as trying to cram in a storyline that unfolds over hours of gameplay into a two hour long movie, or significantly altering the game’s storyline when adapting it for the big screen. However, I think the largest obstacle in adapting a video game is that video game storylines are not actually very compelling. Instead, video game storylines become compelling and immersive because they allow the user to interact with the story. When you remove the interactive aspect from a video game story, it becomes far less compelling.

As someone who really enjoyed playing some of the Uncharted games, I hope director Ruben Fleischer can buck the trend of failed video-game movies, but I can’t say I am overly optimistic about his chances.

Sources

  1. https://superjumpmagazine.com/why-are-video-game-movies-so-bad-aada229d0962
  2. https://www.gamesindustry.biz/articles/2017-12-11-uncharted-series-sales-passes-41-million
  3. https://screenrant.com/video-game-films-box-office-successes/
  4. https://en.wikipedia.org/wiki/Uncharted_(film)
  5. https://en.wikipedia.org/wiki/List_of_films_based_on_video_games

 

Finally, the Jersey Shore Comeback We’ve All Been Waiting For

Hi Everyone (and especially those of you who, like me, never left their MTV’s Jersey Shore phase), I recently came across a bit of news that I thought you all might find interesting in the context of our recent Video Game Law lectures.

Last week, a news article came out titled “Why ViacomCBS could turn SpongeBob and Snooki into NFT soon”. The article describes how Recur, a non-fungible token company, is working with ViacomCBS on a project to introduce much of ViacomCBS’s intellectual property into non-fungible tokens, by Spring 2022. The article also notes that ViacomCBS owns a plethora of our favourite entertainment brands, including MTV, but also Nickelodeon and Paramount Pictures.

Interestingly, this is not the first time that Jersey Shore and its cast have found themselves engaged with intellectual property, and indeed, video game law.

In 2010, MTV launched a Jersey Shore game on both their website, MTV.com, and on Facebook. One article titled “Jersey Shore gets own game. Why is this happening to us?” reported on the release of this game using pithy phrases such as “the most pointless thing to happen in the history of social networking” and “the new online game should provide hours of, I don’t know, mediocre entertainment I guess.”.

Another famous (infamous?) brush that Jersey Shore had with intellectual property law happened back in the early 2010s, when cast member Mike “The Situation” Sorrentino (for those of you who aren’t fans of the show, his nickname is a reference to his abs) became embroiled in a bitter dispute with clothing brand Abercrombie & Fitch. Sorrentino was notorious on the show for many things, one of which was consistently donning Abercrombie & Fitch-branded clothing: in 2011, Abercrombie & Fitch offered Sorrentino $10,000 to stop wearing their clothing on the show.

Shortly after, Sorrentino filed a lawsuit for $4 million against Abercrombie & Fitch, alleging the company engaged in “trademark infringement, unfair competition, false advertising, injury to business reputation, and misappropriation of likeness”, after Abercrombie & Fitch released t-shirts with the slogan “The Fitchuation” on them. The Floridian district court hearing the case was not convinced, and ruled in favour of Abercrombie & Fitch.

I for one am looking forward to seeing how Jersey Shore will become NFTs, and of course, what entertaining intellectual property issue will arise as a result.

 

 

 

Class 7 – 10.20.21; “Licensing Negotiations for FIFA; + Regulating Video-games”

Video & slides below…

Jon