By Jason Re, GW Law 1L
(Editor’s note: The following appeared in Esports and the Law, a complimentary publication, which can be subscribed to at https://esportsandthelaw.com/)
To really know Anthony Dreyer, one cannot merely look at his current title, Partner at Skadden, Arps, Slate, Meagher & Flom, LLP, or even the bio on the firm’s website. Rather, one must go back, way back, to when Dreyer took over a paper route in order to pay for video games. His youth was filled with passionate participation in games such as NES, Sega Genesis (original PlayStation), and that passion continues today with each generation of X Box, and the current game, Switch.
That love for sport and video games comes through in his work, as he has become one of the esports industry’s leading attorneys. But that is hardly Dreyer’s only area of legal expertise. He also has extensive experience counseling clients on a wide range of sports matters, from the PGA TOUR, to ticket sales policy involving Madison Square Garden (MSG Network, NY Knicks, NY Rangers), and a class action involving the NCAA, NBA, NHL, NFL and MLB in a suit brought to prevent New Jersey’s authorization and licensing of gambling at athletic events. These and many other matters have led him to be recognized by the Chambers USA: America’s Leading Lawyers for Business in the Nationwide Sports Law category and to be named by the SportsBusiness Journal as a sports law power player.
Question: What did you study during undergrad at Rutgers? Did this help/impact your choice of practice area?
Answer: I have a B.A. in Economics, with a minor in English. Candidly, the main reason was because I couldn’t decide if I wanted to pursue an MBA or a JD, and I tried to defer that decision as long as humanly possible. So, I hedged and studied business and finance, but within a liberal arts curriculum. On reflection, I wouldn’t have changed a thing. The Econ degree has helped me have a better understanding of the economic drivers—and hence, sources of legal friction and disputes—in the sports and video game industries. It has also been a huge help as I work with damage experts and economists on some of my more complex litigation matters.
Q: What are some ways that intellectual property law and contract law intersect with eSports?
A: There are really countless ways in which eSports and IP intersect. A videogame is one of the richest sources of intellectual property there is. From potentially copyrightable source code, to the expression of a creative idea that is the game itself, the possible inclusion of trademarks and other source-identifying intellectual property, and the use of the name and image of voice actors and avatars—a videogame incorporates all of these rights and more. Then you add issues such as fair use, like copyright owner’s rights when publicly performed, , and a whole host of emerging issues that courts, games, and videogame companies have just begun to consider.
Q: Do you see any parallels between sports law and esports law? Did your work with pro sports leagues and athletes prepare you for practicing in the esports legal arena?
A: One of the areas that has always interested me is league governance. It may be that I’m a geeky lawyer at heart, but I find the rules around how a league operates to be fascinating. It’s one of the first areas I cover in the Sports Law course that I teach, and it serves as a foundation for how a league functions. It also informs how other legal disciplines such as the antitrust and labor laws apply to the league’s operations. Esports leagues present many of the same potential issues. How is an esports league structured? Who owns the league and its intellectual property? Who makes decisions about scheduling and player issues? Although the current esports league model typically centers around the game developer (which owns the game and its IP), I think that model will continue to be questioned and revisited as more and more investors and other entities seek to enter the space.
Q: Does the esport global footprint impact who represents esport organizations?
A: With esports growth on all continents, it has been critical to work at a firm with global experts around the world. It is not enough to solely focus on the U.S. intellectual property laws. The global presence mandates expertise in all areas of the law, including licensing, real estate and leasing (for venues), ticketing, general commercial work, financing, sponsorship, naming rights issues, player disputes and issues, and gambling/doping/integrity matters, among countless others.
