Video Game and eSports Representation: Player contracts, compliance and regulatory issues, IP rights, data privacy, and gambling considerations

Ryan Fairchild | Odin Law and Media

Ryan Fairchild is an attorney at Odin Law & Media. His diverse practice includes an emphasis on gaming entertainment and esports. He is a lifelong gamer who understands the various cultures and dynamics as well as the legal, economic and structural issues impacting digital content creators, esports and gaming. In his practice, he represents video game developers, content creators, esports players and other stakeholders on a variety of contract, corporate and intellectual property matter

Simon Pulman | Pryor Cashman LLP

Simon Pulman is a partner and co-chair of Pryor Cashman’s Media + Entertainment and Film, TV + Podcast Groups; he is also co-chair of the M+E Transactions and Financing Practice.

Simon’s practice focuses on entertainment and media law, with significant experience in company-side business affairs and sophisticated rights transactions for television, film, podcasting, and interactive clients. As outside business affairs counsel for studios, networks, production companies, and rightsholders, he helps clients negotiate complex development, production, financing, and licensing deals.

In particular, Simon is an industry leader in rights transactions, with extensive experience negotiating deals on behalf of both rightsholders and acquiring parties in connection with the adaptation of books, articles, video games, podcasts, toy brands, and documentaries into scripted films and television productions. He has a personal interest in genre entertainment and popular culture, and his strong knowledge of and passion for gaming, podcasts, comic books, and graphic novels help him bring unique value to clients in those sectors. He is also considered a thought leader in transmedia and the convergence of gaming and entertainment and is well-known as an authority on the applications of generative artificial intelligence in entertainment, including AI-related requirements imposed by SAG-AFTRA and the WGA and evolving issues regarding IP protection.

Previously, Simon was an entertainment partner at another major law firm.

Joshua Weigensberg | Pryor Cashman LLP

Joshua Weigensberg is a member of Pryor Cashman’s Litigation and Media + Entertainment Groups, where he litigates copyright, trademark, and other complex commercial disputes for clients in a range of industries, including music, technology, art, and consumer goods.

Josh has been working in the field of generative artificial intelligence (AI) for years, including commenting on the intersection of copyright and generative AI since 2020. He serves as a trusted resource for clients seeking to understand their risks, rights, and opportunities with regard to generative AI.

Josh’s practice frequently involves representing clients involved in complex commercial litigations, including disputes over corporate control, breach of contract, fraud, and breach of fiduciary duty. On behalf of individual clients, he has also litigated numerous trust and estates disputes in Surrogate’s Court.

Josh’s many successful representations include:

• The Phonorecords III rate-setting proceeding that resulted in a landmark increase in royalty rates payable by music streaming companies for 2018-2022 of nearly 44%.
• The Phonorecords IV rate-setting proceeding that, after extensive litigation, resulted in an historic settlement for the rates payable by music streaming companies beginning in 2023.
• In a lawsuit alleging counterfeit marks, thwarting the plaintiff’s efforts to resurrect claims against a distributor-client and obtaining dismissal of the entire action.
• Obtaining a summary judgment victory of over $8.5 million for a company against a former member for conversion of funds.
• In a litigation involving copyright infringement, trade secret misappropriation, and defamation, using successful motion practice to cause opponent to withdraw all claims.
• Obtaining dismissal with prejudice for a Grammy award-winning singer-songwriter in litigation alleging copying of lyrics for a hit song.
• Obtaining dismissal of all of opponent’s claims in a copyright infringement dispute involving copying of software.

Parmida Enkeshafi | Pryor Cashman LLP

Parmida is a seasoned litigator with a focus in intellectual property and contractual disputes. She represents a diverse clientele, including individuals, companies, and prominent figures in the music, video games, and entertainment industries, as well as content creators. Her experience spans trademark, trade dress, dilution, and copyright issues, particularly within the realms of music, entertainment, gaming, and consumer goods.

In addition to her IP practice, Parmida has substantial experience in complex commercial litigation, such as real estate disputes involving trusts and estates. Her deep knowledge and passion for gaming, films, and entertainment enable her to bring a unique perspective and added value to her clients and their cases. Parmida also has a keen interest in the philosophical foundations of intellectual property law, which informs her nuanced approach to legal challenges.

Previously, she was a Litigation Associate at another major New York law firm, where she represented clients in a wide range of complex insurance disputes.

Emma C. Smizer | Frankfurt Kurnit Klein & Selz PC

Emma C. Smizer is an associate in the Interactive Entertainment and Data Strategy, Privacy & Security Groups at Frankfurt Kurnit. Her work focuses on the intersection of entertainment and technology, assisting video game developers and publishers in various transactional matters. Variety included Ms. Smizer in their Dealmakers of 2023 “Up Next” list. She is also a Certified Information Privacy Professional in U.S. data privacy laws (CIPP/US). Ms. Smizer frequently shares insights regarding legal issues within the video game industry on Frankfurt Kurnit’s Technology and IP & Media Law Updates blogs.

Session I – Esports Law: Contracts, compliance, and conflict resolution | 12:10pm – 1:10pm

• Evolution of legal issues in video games and esports
• Compliance and regulatory issues in esports
• Player contracts and agreements
• Dispute resolution and litigation in esports

Break | 1:10pm – 1:20pm

Session II – Emerging Issues in Videogame IP Rights | 1:20pm – 2:20pm

• Rights issues when expanding video game IP to film, television and licensing and merchandising
• Intellectual property protection and enforcement for rightsholders
• Risks and best practices when using artificial intelligence in game development

Break | 2:20pm – 2:30pm

Session III – The State of Play: Privacy & gambling consideration for interactive entertainment | 2:30pm – 3:30pm

• Children’s Privacy Considerations
• Legislative Update
• Artificial Intelligence & Privacy
• Loot Boxes
• Litigation & Platform Immunity