Teaching

Seminar on Sports and Esports Law

In the winter semester 2021, Prof. Dr. Martin Maties is organizing a seminar (SPB VII - Labor and Corporate Law) focusing on issues of Sports and Esports labor law. Students will work on sub-topics related to these in a seminar paper.

A highlight of the seminar is the cooperation with the law firm Baker McKenzie, where Mr. Christian Koops, attorney-at-law, will contribute his practical expertise, giving the students an insight into the practice of law.

Details:
  • Time: Block seminar
  • Preliminary discussion for topic allocation: Monday, November 8, 2021 from 10 am to 12 pm
  • Place of preliminary discussion and topic assignment: Faculty of Law Room 2004
  • Registration deadline for topics: Monday, November 22, 2021
  • Deadline for submission of topics: Monday, December 20, 2021
  • Deadline for presentations: Monday, February 1, 2022 and possibly Tuesday, February 2, 2022 (the exact times will be announced as soon as possible)
  • Place of the lectures: presumably in the offices of Baker McKenzie in Munich 
  • Participants: Exam candidates
  • Format: In Class 

Topics:
  • Definition of employee (coach and/or player)
  • Fixed-term contract law
  • Remuneration (variable, e.g. bonuses)
  • Salary Cap
  • Contractual penalties
  • Fiduciary duties (media, sponsors)
  • Fiduciary duties (private living arrangements)
  • Employment duties
  • Personal rights 
  • Protection of the employee's performance as performance protection right (content or exploitation right)
  • Liability of athletes in case of/for damages (e.g. bodily injuries to other athletes)
  • Breaches of duty due to doping
  • Compliance regulations in sports

Working with and in front of the Computer – with a Special Focus on Esports

In the winter semester 2019, Prof. Dr. Martin Maties and Nepomuk Nothelfer, Dipl.-Jur. (Univ.) organized a seminar on esports and questions of the digitalization of the professional world.

Topics: 
  • Minors as employees
  • Cross-border telework
  • Limits of screen work
  • Work on Sundays and public holidays
  • Occupational health and safety in the home office
  • The right to the output of the work
  • Behavior towards sponsors
  • Legal relationships of employees in projects/teams
  • Performance-related remuneration in addition to basic salary
  • Difficulties of termination by the employee
  • Grounds for dismissal due to misconduct towards third parties
  • Possibilities for limited-term contracts with eAthletes

Propaedeutic Seminar on Esports Law

In the winter semester 2019, Nepomuk Nothelfer, Dipl.-Jur. (Univ.) and Philipp Schlotthauer, Dipl.-Jur. (Univ.) organized a propaedeutic seminar on esports law. The final presentations took place in the offices of the practice partner G2 Esports. Industry experts from the esports and sports sector were also present .

Topics:
  • Fixed-term employment contracts in esports (comparison to conventional sports)
  • Limits of contract drafting in esports (using the example of Tifue vs. FaZe Clan)
  • Civil law consequences of toxic behaviour
  • Limits of the employer's right to ask questions to the eAthlete during recruitment
  • Transfer market in esports
  • Civil liability for cheating and exploiting
  • Technical occupational safety in esports
  • Civil law questions regarding gaming houses
  • The classification of streaming as working time
  • The discontinuation of esports titles by the publisher and its consequences
  • Civil law effectiveness of skin-gambling

Esports, Digitalization, Criminal Law

In the summer semester 2019, Prof. Dr. Dr. h.c. Kubiciel organized a seminar on esports and criminal law as well as other criminal law-related issues of the digitalization of everyday life. The participants presented and discussed topics such as the meaning of the term esports in criminal law, the phenomenon of cheating (and its criminality), doping in esports, the applicability of § 265c StGB (sports betting fraud) to esports, and the admissibility or criminality of so-called lootboxes.
"eSport und Sportwettbetrug"
  Christina Junge

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"Die Strafbarkeit von Cheating"
  Anja Zimmermann

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"Anerkennung des eSports als Sport und Folgen für das Strafrecht"
  Peter Hansen
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