INTRODUCTION
The fast rise of esports has not just changed the gaming world but also created a new economy. This is all about sites like YouTube Gaming, Twitch, & Loco. These sites let gamers make money, pull in fans, & even build big-time jobs. But this tech shift has also led to big legal mix-ups. We see stuff like who owns what on streams, use of other’s music & books, & rules on game makers & streamers.
At the core of this legal fight is one big question: Who owns what? Do game makers keep all rights to stream their game full of IP, or do streamers—who talk, play, & chat with fans—make new stuff that gives them their own rights? In India, the law still needs to catch up to the tech world, & it’s not clear like in the U.S. or EU. As fights over rights & making money keep coming up, it’s key that the law sees the rights of streamers in esports. This is a must to keep things fair & going strong.
This blog looks at who owns what & the law of streaming in esports. It digs into the scene in India but also looks at how things work across the globe.
THE LEGAL STATUS OF GAMEPLAY – COPYRIGHT AND FAIR DEALING IN INDIA
In India, video games are seen as books & art. They get safety from the Copyright Act of 1957. Thus, any copy, change, play, or show of a game—done without permission—might break the law under Section 51[1]. The game makers have all rights to the sounds, music, words, looks, & styles of the game.
A hard spot comes up when streamers use this IP to show gameplay on places like Twitch & YouTube. Some say game streams are “fair dealing” under Section 52(1)(a)—when the stream teaches, critiques, or does not aim to make cash. Yet, there’s no clear legal view just for games in this matter. Plus, the Indian fair-dealing rule is less wide than the US “fair use” rule, which is kinder to streamers.
Some law experts think that streams with added talk, feel, & skill might be seen as “new type use”, & thus avoid the law issue. But, with no clear law or court rules, many streamers stand in a half-clear zone. Some makers—like Riot Games & Epic Games—let streams openly, but others (like Nintendo) are strict & often send take-down notes.[2].
In India, the lack of clear rules or court cases makes streamers at risk of random law claims, more so when cash is part of it.
STREAMERS’ CREATIVE CONTRIBUTION – IS GAMEPLAY TRANSFORMATIVE?
Sites like Twitch & YouTube Gaming set rules that need streamers to stick to the laws. They must get the right to use other’s work. These sites use laws from their own countries—like Section 79 in India & DMCA in the US—to keep safe if they act fast on takedown calls.
Yet, these sites make money from ads, subs, & deals, which makes things complicated. A streamer may say their show is new & changed, but the game is still owned by the maker. So, makers may call out the use of their games (on YouTube) or flag it (on Twitch). They may take down the video or take their money.
Big names like Riot Games let streamers use their games to make money if they stick to set rules.[3]. This makes the rules clear & helps more people join in, but keeps the maker’s rights safe.
On the other hand, many game sites in India are not so clear with their rules. Plus, local streamers use games & sites from afar, which puts them at risk of big copyright fights. With no local deals or clear Indian rules, streamers may face significant legal issues when they start to make money.
STREAMERS’ CREATIVE CONTRIBUTION – IS GAMEPLAY TRANSFORMATIVE?
A key claim by streamers in copyright fights is that their work is new. Game streams mix player skill, quick choices, live talk, & fan chats. This might make a new type of art, not just the game. In some places, courts back this idea. In the U.S., “fair use” rules check if the new work has a fresh goal or new style. This lets streamers call their work talk, joke, or teach.
In India, though, courts haven’t yet backed this. Yet some say a streamer’s live play, plan, & fan bonds could show they add their own touch.[4]. This is true if they change the game’s story or look. But, without new laws or court cases, this “new use” idea is just a guess. Also, making money—from ads, deals, or fan gifts—might hurt their case in court.
So, while streamers do add to the art, if they own what they make, it still rests on game makers’ okay & platform rules.
THE WAY FORWARD – REFORMING COPYRIGHT FOR THE DIGITAL ARENA
India’s law setup is not ready to handle the new world of esports streams. The Copyright Act from 1957 didn’t think about things like games you can play with others, stuff people make themselves, or live shows. Because of this, streamers and game groups often face legal issues that could be skipped.
To fix this, we could see a few kinds of legal changes:
Clear laws: Change Section 52 to clearly say it’s okay to show or change live stuff or games, like the fair use rules in the U.S.
Freely given rights: Push game makers to let people show games without fuss—like sharing tools or ideas— especially for just fun or learning.
Holding platforms responsible: Make sure stream sites are clear about how they solve copyright fights and tell makers before taking down stuff that makes money.
Teaching and knowing more: Law schools, game groups, and maker teams should teach about deal terms, use rules on sites, and what’s fair.
Also, the new Digital India Act could help make things more transparent about who is responsible, people’s rights, and rules about stuff online—maybe with special regulations for games and streams.[5].
As India’s esports world grows, the need for fair laws—one that keeps creative rights safe but also helps creativity and money-making—is more critical than ever.
CONCLUSION
The fight over who can show esports on the web shows a significant legal issue: how to keep ideas safe while also letting people be creative online. In India, this problem is bigger because there’s no clear law or past court case to look at when it comes to showing game play live. Game makers clearly own their game stuff under the Copyright Act 1957, but it’s not clear if streamers who change the content get any rights or not.
All around the world, big game companies like Riot Games and Epic Games have started using more open, friendly rules that let streamers grow with the games they play. But this kind of move is not required and can be taken back at any time, which puts streamers at risk of having their work taken down and losing money[6]. Sites like YouTube and Twitch help, but depend on laws that protect them. Still, their rules, especially the ones run by machines, can be all over the place and hard to see through.
For India to keep a good and safe streaming world, it needs to change some rules. This might mean fixing fair use rules under Section 52 to fit online life better, making game makers tell clear rules about use, and making sure websites are fair in fights. It’s also key to teach new creators about IP law and the regulations in user agreements.
In the end, streaming is not just using someone else’s work; it’s a creative, complex, and valuable cultural thing. Seeing this part in law is key to keeping innovation and fairness in our digital world.
Author(s) Name: Shouryaveer Singh (Chanakya National Law University, Patna)
References:
[1] Spice Route Legal, ‘Live Streaming Video Games: Fair Dealing or Game Over?’ (Spice Route Legal, 10 September 2021) https://www.spiceroutelegal.com/live-streaming-video-games accessed 24 June 2025.
[2] Mondaq, ‘An Analysis on Copyright in the Live Streaming of Video Games’ (Mondaq, 2 August 2022) https://www.mondaq.com/india/copyright/1219192/an-analysis-on-copyright-in-the-live-streaming-of-video-games accessed 24 June 2025.
[3] Bird & Bird, ‘Esports Broadcasting – A Difficult Balance to Strike’ (Bird & Bird, 12 January 2021) https://www.twobirds.com/en/news/articles/2021/global/esports-broadcasting accessed 24 June 2025.
[4] Lawful Legal, ‘Balancing Copyright Law and Gamer Creativity in India’ (Lawful Legal, 20 January 2025) https://www.lawfullegal.in/balancing-copyright-streaming-india accessed 24 June 2025.
[5] Vakalat Today, ‘Legal Issues Arising from Game Streaming and Content Creation’ (Vakalat Today, 14 July 2023) https://vakalattoday.com/legal-issues-in-game-streaming/ accessed 24 June 2025.
[6] Creativity Rights, ‘The Importance of Copyright in Esports: An Overview’ (Creativity Rights, 2022) https://creativityrights.org/esports-copyright accessed 24 June 2025.
