Audiovisual Rights and Video Games: Lexia Wins Second‑Instance Ruling Against Lega Serie A

Lexia represented a gamer in precautionary proceedings brought by Lega Professionisti Serie A concerning the sharing of virtual gameplay from the video game EA Sports FC; the League was the opposing party. The dispute arose after the League alleged that the gamer infringed its audiovisual rights by sharing recordings of virtual game actions resembling real football plays. Lexia, through a multidisciplinary defence, convinced the court in the second‑instance precautionary hearing that the League’s rights do not extend to virtual gameplay merely because such content is inspired by real actions. The Tribunal observed that accepting the League’s argument would amount to an extension of the rights expressly granted to the League by the Melandri law—a change that, the court noted, could only be effected by legislative amendment. The judges also emphasised that such an expansive interpretation would have implications for freedom of expression protected by Article 21 of the Italian Constitution and Article 10 of the European Convention on Human Rights. The court further found that content generated through the gaming platform differs from real‑life actions in fundamental elements, such as the number and positions of players, and therefore cannot be restrained on the basis of an extensive reading of the audiovisual rights regime. The Tribunal added that a precautionary proceeding was not the appropriate forum in which to adopt a broad interpretation of a long‑standing statutory provision. Lexia represented the gamer with a team composed by: Silvia Cossu, partner, head of Litigation, Arbitration & Legal Risk Mitigation; Aurora Agostini, partner, Data & Technology Innovation; Giulietta Minucci, counsel, Data & Technology Innovation; Anna Russo, senior associate, Litigation; Sara Cazzaniga, associate, Litigation; Alessandro Carlini, associate, Data; and Giovanni Lombardi, associate, Data.

Audiovisual Rights and Video Games: Lexia Wins Second‑Instance Ruling Against Lega Serie A

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