Copyright Implications Of Livestreaming Esports Under Korean Law

26 Feb 2026 --
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📺 Copyright Implications of Livestreaming Esports Under Korean Law

Livestreaming esports in South Korea implicates several intersecting copyright concerns:

Who owns the broadcast rights?

Does streaming gameplay infringe the underlying game publisher’s copyright?

How do contracts and exclusive streaming deals affect rights?

Player personal rights vs. copyright?

Fair use (공정이용) and copyright limitations under Korean Copyright Act.

Below are five key case‑based or dispute examples that illustrate the legal landscape.

📌 1. Blizzard v. KeSPA / Korean Broadcasters (StarCraft Broadcasting Disputes)

Background

In the early 2010s, Blizzard v. KeSPA broadcasting dispute arose when Blizzard Entertainment challenged Korean broadcasters and esports associations (including KeSPA) for televising StarCraft esports without proper authorization.

Core Legal Issue

The dispute centered on whether StarCraft broadcasts reproduced copyrighted audiovisual elements of the game—such as game graphics, sound effects, and user interface—which are protected under copyright law. The argument was that broadcasting competitive matches without sublicensing violated Blizzard’s exclusive rights to publicly perform and transmit those elements.

Outcome & Implications

The parties eventually settled with licensing agreements, clarifying that esports competitions still require rights from the game copyright owner before broadcasting or livestreaming.

This underscores that livestreaming esports is not “public domain”; it reproduces copyrighted game content.

Tentatively, courts would analyze livestream footage as a derivative audiovisual work that requires permission from the underlying copyright holder (the game publisher).

📌 2. SpectateFaker Streaming Controversy (League of Legends)

Facts

In the mid‑2010s, an online stream called SpectateFaker broadcast live League of Legends gameplay of Korean pro player Faker on Twitch without permission from his exclusive streaming partner. This triggered multiple takedown notices under copyright and licensing provisions.

Legal Complexity

Azubu (Faker’s exclusive streaming partner) and Riot Games (LoL publisher and IP owner) issued takedown notices claiming unauthorized transmission of copyrighted game footage.

The argument: even if gameplay was publicly visible via third‑party tools (such as OP.GG spectator mode), streaming it commercially without rights constitutes copyright infringement of the underlying game’s audiovisual content.

Legal Implications

This dispute highlights that broadcasting gameplay live can infringe the game publisher’s rights because real‑time game visuals are protected works.

Exclusive streaming rights contracts between players or platforms can shape who has authority to public performance rights in livestreaming.

Even if a streamer claims fair use or non‑commercial intent, game publisher rights can override free re‑broadcasting.

📌 3. Game Software as Protected Work

Issue

Korean courts and legal scholarship generally recognize that computer games are copyrightable audiovisual works—they combine graphics, sound, and narrative fixed in code.

Copyright Principle

Unlike traditional sports (which are not copyrightable per se), esports broadcasts reproduce copyrighted game content (game visuals, audio cues, UI elements).

Korean copyright law defines protected works as creative expressions fixed in a medium, which includes software and audiovisual sequences shown during a livestream.

This means livestreaming esports without permission could violate the public transmission right of the copyright owner.

📌 4. Copyright and Fair Use (공정이용)

Legal Rule

Korean Copyright Act includes limitations like fair use (공정이용), which may permit use of copyrighted works without permission under specific, narrow conditions.

Application to Esports

Academic studies indicate Korean fair use may apply when use is non‑commercial, transformative, and does not harm the market value of the original work.

However, livestreaming for commercial purposes (advertising revenue or paid sponsorships), and real‑time re‑broadcasting of gameplay, generally fails fair use criteria.

This suggests unauthorized esports livestreaming for profit likely infringes copyright unless explicitly permitted.

📌 5. Copyright of the Broadcast Footage Itself

Standalone Work

When broadcasters or streaming platforms produce esports content with expressive camera direction, commentary, replays and editing, that output may itself qualify as a copyrightable broadcast work.

Legal Effect

Under Korean law, a livestream with creative elements (camera angles, on‑screen graphics, live commentary) possesses independent creative expression and could attract its own copyright protection for the broadcaster.

This means a livestream platform could assert rights against third parties republishing its unique broadcast feed, separate from the underlying game software copyright.

Thus, two layers of rights may exist:

The game publisher’s rights in the gameplay visuals.

The broadcaster’s rights in their creative broadcast presentation.

⚖️ Summary of Legal Principles

Legal Issue	Implication Under Korean Law
Game visuals as copyrighted works	Esports livestreaming reproduces audiovisual content protected by copyright.
Exclusive broadcasting rights	Rights holders must authorize streaming; exclusive deals govern public transmission.
Fair use limits	Non‑commercial or limited educational use may qualify, but commercial eSports streams generally do not.
Broadcast work protection	Creative broadcast elements can have independent copyright.
Player personal rights	Separately, personal rights (초상권) may arise for players shown in streams.

🧠 Practical Takeaways for Korean Esports Streamers

Obtain rights from the game publisher or authorized distributor before livestreaming gameplay (or contractually ensure your rights).

Exclusive streaming partnerships (e.g., with platforms like AfreecaTV, YouTube, Twitch) may restrict where you can legally broadcast.

Avoid unlicensed rebroadcasting of competitor content, even if it is publicly viewable in spectator mode.

Understand that broadcasts themselves may be copyrightable, and redistributing someone else’s unique stream feed can infringe their rights.

If relying on Korean fair use exceptions, be cautious; courts assess commercial intent, market harm, and the purpose of use.

Copyright Implications Of Livestreaming Esports Under Korean Law