22.12.2020

An esports organization has signed an 8-year—old player to Fortnite - it may be illegal

The esports organization Team 33 has signed a contract with an 8-year-old Fortnite player. Many considered the transaction with such a small child illegal, but the organization itself believes that it does not violate labor laws regarding minors.Joseph Dean

What is known about the transaction and the organization itself?

Team 33 is a new company in the world of esports, which is based in California.

In early December, the organization made a stir by signing a contract with 8-year-old Joseph Deen, who plays in Fortnite under the nickname 33 Gosu. It is known that as part of the deal, he received $ 33 thousand as a bonus and a gaming computer worth $ 5 thousand.

The boy himself seems pleased with his success: “It’s a dream come true. While other teams didn’t take me seriously because of my age, Team 33 noticed my Fortnite matches and allowed me to train and study with them every day.”

Is it really illegal?The signing of Joseph caused active discussions among fans and professional players.

Many expressed concern that such a contract with an 8-year-old child may be illegal.

“If Dean’s activity is not work, then where does this line go? My gut tells me that the commissioner or the Minister of Labor will want to consider this situation from a closer angle, said Ryan Fairchild, a lawyer in the field of esports, in a conversation with Kotaku.

Technically, Joseph’s contract does not fall under child labor exploitation laws. Team 33 does not force him to do his hard work. However, many are concerned about the ethical side of the question — is it possible to conclude such contracts with an 8-year-old boy?

In the case of Joseph, the problem lies in the lack of a sufficient number of precedents and methods of regulating child labor in the field of esports. Lawyer Natalie Sanders (Natalie Sanders) notes that now there are simply “no laws and regulations governing such situations.”

At the same time, in any case, Joseph will not be able to participate in official Fortnite tournaments until he turns 13.

Team 33’s position and response to criticismThe organization believes that Joseph’s activities are not work because he is “just playing games.”

The details of the contract are not disclosed, but it is known that the contract assumes the following:

  • Team 33 will train Joseph to play Fortnite and Call of Duty only in his free time from lessons;the company will also promote his YouTube channel, receiving 33% of the revenue;
  • in case of termination of the contract, the proceeds from the sale of merch will belong to Team 33;
  • Joseph’s mom can terminate the contract at any time if she thinks that playing Fortnite interferes with her son’s academic performance at school.
  • “The labor law does not apply here, because Joseph does not need to do work.

He’s just playing. He does not fly anywhere, does not participate in tournaments. We can give him money because we believe in him. This is our investment, said Team 33 founder Tyler Gallagher.

How can Joseph’s case affect esports?Esports organizations have signed young players before.

For example, 11-year-old H1ghSky1 from FaZe Clan pretended to be over 13 years old in order to participate in competitions. When the fraud was revealed, Twitch blocked his account, and Epic Games canceled his winnings.

However, Joseph’s case may become a precedent at least because of his age. If such a deal goes unnoticed, other organizations will theoretically be able to sign contracts with very young players much more actively long before they reach the required age.

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