Presentation
The considerable media attention given to esports in recent years, widely praised by its community, has inspired many to pursue careers in esports and video games. Indeed, this sector now boasts a vast array of related professions extending far beyond the realm of video games themselves.
For example, one can point to increasingly spectacular events and recurring tournaments now firmly established in the esports landscape, such as The International Dota Major Championships, LoL World Championship, ESL Pro Leagues, Intel Extreme Masters, etc. Since 2017, numerous organizations have also applied for and obtained official esports accreditation, allowing them to employ players under the specific esports employment contract, such as Gamers Origin, LDLC Event, Olympique Lyonnais, LOSC Lille, Team Vitality, Esport Aero Association, Stade Rennais Football Club, Team MCES, TIDES, and GameWard.
This rapidly developing ecosystem has attracted a large number of young players interested in joining esports through their competitive video gaming. Beyond the legal requirements and framework established by recent legislation, recruitment into an esports team requires not only specific skills but also a broader, more professional understanding of the esports player profession.
Video games: What is an esports player?
The creation of the first rules relating to esports within the Law for a Digital Republic in 2016 was marked by the legislator’s refusal, firstly, to recognize its status as a “sport,” renaming the practice “video game competition,” and secondly, by the very restrictive definition of an esports player, presented as “any person whose paid activity is participation in video game competitions under a legal relationship of subordination with an association or company benefiting from approval by the Minister for Digital Affairs, as specified by regulation.”
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This legal definition technically limits this title to players who earn money in these competitions and are subject to an employment contract with the organization employing them—either an esports team or an event organizer. Consequently, all independent players and self-employed individuals participating in competitions without any employment contract are not legally considered professional esports players.
A more in-depth analysis of the esports world suggests a comprehensive definition that distinguishes professional from amateur gamers based on their gaming practices. An esports player is anyone who participates in a match, competition, or tournament, whether or not there is an expectation of winnings. In contrast, a professional esports player is characterized by their technical and specialized approach to participating in video game competitions with a view to pursuing a career. Their gaming practice thus goes beyond simply playing video games; they master the mechanics of the game and the added value they can derive from it.
The Metagame: an essential mastery of video games
Moving beyond the pure enjoyment of the video game experience, the professional approach to esports requires an advanced understanding of its mechanics: the metagame. Many video game titles stand out due to the considerable amount of information that must be understood and learned to optimize skills and improve performance.
Professional video game players prepare for competitions through increasingly detailed analysis of their performance and reactions, aiming to define strategies and enhance their gameplay. Similar to chess, extensive documentation in some video games focuses on openings and developments in the early, mid, and late game, often aided by digital analysis tools integrated into the games or developed by third-party companies such as GOSU, OP.GG, and Blitz. These tools allow players to track, train, and progress in their esports practice.
Specific characteristics inherent to video games complement this analysis, notably the anticipation of potential fixes and updates that could alter the rules and mechanics of the game. Similarly, the overall evolution of the game and its publisher is crucial for considering the future of a player’s career in that game and their potential transition to another discipline or even another esports profession. Numerous articles and videos available on specialized platforms and websites elaborate on the criteria that characterize professional players according to the different types of video games.
The esports player: an athlete, an actor, and/or a model
Alongside their performance in esports competitions, professional gamers distinguish themselves through their other roles. Indeed, the economic viability of their activity encompasses not only potential competition winnings but also alternative income streams, primarily linked to their public image.
Like an athlete, actor, or model, their earnings from video games constitute only a portion of their overall income. Salaries and cash prizes are supplemented by sponsorship contracts, royalties for the use of the player’s image, the negotiation and pricing of their appearances and participation in public events, the monetization of digital content they publish, and so on.
It is therefore common for professional esports players to be present on social media to engage the community likely to watch their competitions. This is primarily to increase their perceived value to investors and advertisers eager to reach the widest possible audience of esports fans. Players may also create their own products and brands, which they promote during these events, giving them the opportunity to increase their income through the sale of merchandise.
Video game competitions: The practice of the underage esports player
Several video games, notably Fortnite, stand out for their particularly young community, for which competitions can restrict access primarily due to age restrictions. Consequently, most national laws, including French law, strictly regulate any professional activity involving minors.
The employment of minors under 16 is therefore prohibited in principle, except in cases of legal exemption. Minors under 16 can only work professionally with dual administrative and parental authorization under specific conditions—apprenticeships, summer jobs, etc.—or in limited sectors: entertainment, film, modeling, and more recently, esports, through the amendment of Article L7124-1 of the French Labor Code.
From the age of 16, having completed their compulsory schooling, a minor can work, and even sign an employment contract independently if emancipated. It should be noted that restrictions apply compared to adults regarding remuneration, weekly working hours, arduous working conditions, and night or weekend work, etc. They are also permitted to operate as a sole proprietorship, limited liability company (SARL, SAS), or civil partnership, even if not emancipated.
Finally, it is important to remember that additional regulations may apply to the employment of foreign minors, including work permits and residency permits.
Regarding the employment of minors, failure to comply with legal regulations can lead to civil and criminal prosecution, punishable by up to five years’ imprisonment and a fine of €75,000 for employing a minor in violation of the law.
The pro esports gamer: a committed and trusted trader
In a still-young sector marked by sometimes questionable practices, esports players must be aware of the legal risks associated with their activity. Indeed, numerous cases in recent years have revealed major dysfunctions in the organization of esports competitions, primarily to the detriment of the players: non-payment of cash prizes or salaries, deductions for equipment and travel expenses not anticipated, prohibitions on leaving the club or participating in other tournaments, penalty clauses, etc.
Find more information on esports player contracts.
Players, the majority of whom are young or even minors, are very rarely trained in business practices and generally focus on gaining access to an esports team by any means and at any price. This allows competition organizers, esports teams, sponsors, streamers, and advertisers to obtain, in return, obligations and duties from the player that are aberrant in any other sector of activity and sometimes even illegal. The inadequacy of the legal framework governing relationships inevitably leads to the fragility of the player’s relationship, who will be the first victim in case of difficulty.
Under these conditions, professional gamers must train and acquire the necessary knowledge and skills to continue their careers. Widely recommended by parliamentary reports on esports, the role of parents and legal professionals is essential to reassure and monitor the proper management of professional gamers and the respect of their rights with respect to their contracting parties.
All of these elements ultimately determine a video game player’s true eligibility for professional esports player status.
