#Video Game, Gaming and Esports Lawyer in France

The gaming and esports sector involves a scattered legal framework, at the crossroads of copyright, employment law, the administrative law of gambling and digital regulation. Four questions shape the business: the intellectual property chain of the video game (software, graphics, music, script), the legal status of players and creators, the regulation of competitions (prior declaration to the French Ministry of the Interior, guarantee that winnings will be paid out above €10,000), and the boundary between game mechanics and gambling (loot boxes, microtransactions). A suitable legal strategy protects creation, exploitation and commercialisation.

The video game: a composite, multidisciplinary work

Case law classifies the video game as a complex work (French Supreme Court (Cour de cassation), 1st civil chamber, 25 June 2009, No. 07-20.387) combining several categories of works that are protected separately:

• Software: source code, object code, documentation (Article L. 112-2, 13° of the French Intellectual Property Code (CPI)).
• Graphic works: illustrations, character design, environments, animations.
• Musical works: original soundtrack, sound effects.
• Literary works: script, dialogue, descriptions, lore.
• Audiovisual works: cutscenes, trailers.
• Voice performances and motion capture: performers’ neighbouring rights.

Each category follows a distinct legal regime. The automatic vesting of software in the employer under Article L. 113-9 of the Intellectual Property Code (in French) covers only the code and the software documentation. The other elements require an express contractual assignment to the studio.

The status of professional esports players

The Digital Republic Act (Law No. 2016-1321 of 7 October 2016) (in French) created a specific status for salaried professional players of competitive video games. Main features:

• Specific fixed-term contract (CDD) of 12 months minimum and 5 years maximum, renewable.
• Mandatory ministerial approval of the employer (Decree No. 2017-872 of 9 May 2017 (in French)).
• Appropriate supervision and monitoring: physical, psychological and professional monitoring of players, a condition of approval.
• Enhanced protection of minors: written authorisation from the legal representative, individual prior authorisation where Article L. 7124-1 of the French Labour Code (Code du travail) requires it, ban on competitions with cash rewards under the age of 12.

Outside this framework, occasional players fall under the general rules: self-employed, micro-entrepreneur, commercial company. Incorrect classification exposes the parties to reassessments by URSSAF (French social security collection agency).

Image rights of players and streamers

Image rights, based on Article 9 of the French Civil Code (in French), require the player’s express authorisation for any use. The licence or assignment agreement must specify:

• The authorised media (social networks, videos, physical media, packaging).
• The duration and territory.
• The remuneration attached to each type of use.
• The right to approve visuals in advance.
• The uses that are always excluded (harmful associations, misuse).

For staged performances (interviews, series, sketches), performers’ neighbouring rights under Articles L. 212-1 et seq. of the CPI also apply.

Organising esports tournaments and competitions in France

Any video game competition held with participants physically present must be declared to the department of the French Ministry of the Interior responsible for racing and gaming, at least thirty days before it begins except in justified cases of urgency, pursuant to Decree No. 2017-871 of 9 May 2017 (in French) (Article R. 321-40 of the French Internal Security Code (Code de la sécurité intérieure)). The declaration states, in particular, the organiser, the games used, the entry fees and the amount of winnings and prizes. Above €10,000 in winnings and prizes, the organiser must provide evidence of a security interest, a trust, an insurance policy or an escrow account guaranteeing that they will be paid out.

In addition, there are contractual obligations towards game publishers (organisation licence, brand guidelines, sponsor restrictions), administrative authorisations linked to the physical event (ERP status for premises open to the public, safety) and declarations to SACEM (French music rights collecting society) for the music played.

Sponsorship and commercial activations

An esports team sponsorship agreement is built around four essential components:

• Visibility obligations (logo, content, appearances).
• Financial consideration (fixed fee, bonuses, supply of equipment).
• Image rights and intellectual property.
• Reputation clauses (morality clause, sector exclusivity).

Sector restrictions (alcohol, tobacco, betting), arising in particular from the Évin Act (Law No. 91-32 of 10 January 1991) (in French), apply even in esports.

Loot boxes and the boundary with gambling

Article L. 320-1 of the Internal Security Code (in French) defines gambling by four cumulative criteria: an offer to the public, a financial sacrifice, an expectation of gain, and chance. To avoid a loot box or a microtransaction being reclassified as gambling:

• Limit rewards to cosmetic items.
• Prohibit transferability (items tied to the account, not saleable).
• Block third-party marketplaces.
• Disclose the probability of obtaining each reward.
• Set spending caps for minors.

The French National Gaming Authority (ANJ) (in French) examines mechanisms that may tip over into gambling. An incorrect classification exposes you to heavy criminal penalties: up to 3 years’ imprisonment and a €90,000 fine (Article L. 324-1 of the Internal Security Code (in French)).

Video game studios: structuring issues

• Assignment of copyright by salaried developers (automatic for software; express assignment for graphics, music and script).
• Contracts with freelancers: precise assignments and warranties against eviction.
• Licences for third-party music and characters: attention to derivative uses and periods of exploitation.
• Interns: an express assignment must be provided for, since the vesting rule in Article L. 113-9 of the CPI applies only to employees (work-study students, who are employees, fall within it for software).
• Open source components: checking that the licences (GPL, MIT, Apache) are compatible with closed commercial exploitation.

NFTs, play-to-earn and new models

Games that include NFTs and play-to-earn mechanisms combine the risk of being classified as gambling and, for fungible tokens, the application of the European MiCA Regulation (EU 2023/1114) on crypto-assets, from which unique and non-fungible NFTs are in principle excluded (Article 2, paragraph 3). A multidisciplinary analysis (gambling, financial law, GDPR, tax) is essential before launch.

Digital regulation and protection of minors

• PEGI rating: age rating, disclosure of paid random purchases.
• GDPR: under the age of 15, joint consent of the minor and the holder of parental authority (Article 45 of the French Data Protection Act, loi Informatique et libertés).
• SREN Act of 21 May 2024 (French act on the security and regulation of the digital space): combating hateful content, regulation of deepfakes.
• Age verification: manufacturer tools (Apple Family, Google Family Link), parental approval of in-game purchases.

The role of a gaming and esports lawyer

A lawyer assists studios, teams, players and organisers across the whole chain: assignment of copyright, player and streamer contracts, sponsorship negotiation, tournament declarations, monetisation compliance, crisis management (IP disputes, allegations of illegal gambling). The practice combines copyright, employment law, administrative law and digital regulation.

In-depth articles on gaming and esports law

• What legal status for professional esports players? (in French)
• How to draft a sponsorship agreement for an esports team? (in French)
• Organising a video game tournament: which administrative authorisations? (in French)
• Image rights of streamers and players: how to protect them by contract? (in French)
• Loot boxes and microtransactions: how to avoid reclassification as games of chance?
• Setting up a video game studio: how to manage developers’ copyright? (in French)

Every gaming or esports project calls for a case-by-case analysis, taking into account the business model, the target audience and the jurisdictions concerned.

Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.