Australian University Esports Association (AUEA) - Intellectual Property Rights Policy

Introduction:

This Intellectual Property Rights Policy outlines the approach of the Australian University Esports Association (AUEA) to the creation, use, protection, and management of intellectual property (IP) within the AUEA. The policy is designed to encourage creativity and innovation, while ensuring that intellectual property is used and managed effectively, ethically, and legally. By being a member of the AUEA, you agree to abide by this policy.

  1. Scope and Definitions:

This policy applies to all types of intellectual property that may be created, used, or managed by the AUEA, its members, or individuals or groups acting on behalf of the AUEA. This includes, but is not limited to, copyrights, trademarks, patents, designs, and trade secrets. Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce.

Members of the AUEA are expected to respect all forms of intellectual property, both within and outside the AUEA. Any misuse of intellectual property, including unauthorized use, infringement, or misappropriation, may result in disciplinary action by the AUEA.

  1. Ownership and Use of AUEA Intellectual Property:

All intellectual property created by the AUEA or on behalf of the AUEA, including the AUEA’s name, logo, website content, promotional materials, tournament formats, and other unique creations, is owned by the AUEA. Members are granted a limited, non-exclusive, non-transferable license to use the AUEA’s intellectual property for the purpose of participating in and promoting AUEA activities.

Use of the AUEA’s intellectual property must be in accordance with this policy, any additional guidelines provided by the AUEA, and all applicable laws. Members must not use the AUEA’s intellectual property in a manner that is misleading, defamatory, infringing, or damaging to the AUEA’s reputation or interests.

  1. Members’ Intellectual Property:

Members of the AUEA retain ownership of their own intellectual property, including their names, logos, and other unique creations. However, by participating in AUEA activities, members grant the AUEA a limited, non-exclusive, royalty-free license to use their intellectual property for the purpose of promoting and conducting AUEA activities.

This includes the right for the AUEA to display members’ names and logos on the AUEA’s website, social media platforms, promotional materials, and at AUEA events. It also includes the right for the AUEA to use members’ gameplays, performances, and other content created during AUEA activities, in accordance with the terms and conditions of membership.

  1. Protection of Intellectual Property:

The AUEA is committed to protecting its intellectual property and respecting the intellectual property of others. The AUEA will take steps to register and protect its intellectual property rights where necessary and appropriate. Members are also expected to take reasonable steps to protect their intellectual property and to respect the intellectual property of others.

Any unauthorized use, infringement, or misappropriation of intellectual property within the AUEA should be reported to the AUEA immediately. The AUEA will investigate the matter and may take action to protect its rights or the rights of its members. This may include issuing cease and desist notices, initiating legal proceedings, or imposing sanctions on members who violate this policy.

  1. Respect for Game Publishers’ and Developers’ Intellectual Property:

The AUEA recognizes and respects the intellectual property rights of game publishers and developers. Members are reminded that all video games, including their content, characters, images, music, and trademarks, are protected by intellectual property laws.

Members must not infringe upon these rights. Any use of a game’s intellectual property, whether in promotions, competitions, or other activities, must be done lawfully and ethically. This includes recognizing and crediting the game publishers and developers appropriately.

  1. Licensing for Events:

Any member planning to use a game’s intellectual property for an event, such as a tournament, must obtain the necessary licenses or permissions from the game publisher or developer. This includes, but is not limited to, game licenses, broadcasting rights, and rights to use the game’s trademarks and images in promotions.

Members should reach out to the game publisher or developer to understand their licensing requirements and to obtain the necessary licenses or permissions. The AUEA may assist members in understanding these requirements, but it is ultimately the member’s responsibility to secure the necessary licenses or permissions. Members are reminded that hosting a tournament without the necessary licenses or permissions may constitute a serious infringement of the game publisher’s or developer’s rights, and may result in significant legal liability.

  1. Compliance with Licensing Terms:

Members must comply with all terms and conditions of any license or permission granted by a game publisher or developer. This includes, but is not limited to, restrictions on how the game’s intellectual property can be used, requirements for crediting the game publisher or developer, and obligations to report on the use of the game’s intellectual property.

Members must also ensure that they do not exceed the scope of their license or permission. For example, if a license only permits the use of a game’s intellectual property for a specific event, the member must not use the game’s intellectual property for any other event.

Any violation of the terms and conditions of a license or permission may result in disciplinary action by the AUEA and legal consequences from the game publisher or developer.

  1. Disclaimer of Liability:

The AUEA strongly advocates for the respectful use of intellectual property and adherence to the laws and regulations governing intellectual property rights. However, the AUEA is not responsible for the actions or inactions of its individual members concerning compliance with the intellectual property rights of game publishers or developers, or any other third party.

Members are solely responsible for ensuring they obtain the necessary permissions or licenses required to use third-party intellectual property, and for adhering to the conditions of any such permissions or licenses. Any legal disputes, damages, or other consequences arising from a member’s non-compliance with intellectual property rights are the responsibility of the member, and not the AUEA.

The AUEA will not indemnify or otherwise be held liable for any intellectual property rights infringements committed by its members. Members are strongly encouraged to seek their own legal advice to ensure they understand and properly manage their obligations in respect to intellectual property rights.

By being a member of the AUEA, you confirm your understanding and acceptance of this Intellectual Property Rights Policy.

  1. IP Disputes:

In the event of a dispute involving intellectual property rights within the AUEA, parties are encouraged to resolve the dispute amicably and directly, where possible. If direct resolution is not possible, the dispute should be reported to the AUEA.

The AUEA may mediate in intellectual property disputes, providing a neutral platform for discussion and negotiation, and assisting parties in reaching a mutually agreeable resolution. However, the AUEA does not have the power to make binding determinations in relation to intellectual property disputes, except where the dispute involves the AUEA’s own intellectual property.

If an amicable resolution cannot be reached, the parties may need to resolve the dispute through legal proceedings. The AUEA recommends seeking independent legal advice in such cases.

  1. Changes to Policy:

The AUEA reserves the right to update or revise this Intellectual Property Rights Policy at any time. Any changes will be communicated to members, and continued membership of the AUEA will be deemed acceptance of the revised policy.

Members are responsible for keeping up to date with this policy and any changes. The AUEA will not be responsible for any loss or damage arising from ignorance or non-compliance with this policy.

  1. IP Education and Awareness:

The AUEA is committed to promoting intellectual property awareness and education among its members. This includes providing resources and training on intellectual property rights and responsibilities, the importance of protecting intellectual property, and how to avoid intellectual property infringement.

The AUEA encourages members to seek independent legal advice if they have questions or concerns about intellectual property rights, or if they are considering creating, using, or licensing intellectual property in connection with their AUEA activities.