The end of 2020 marked a major turning point for the video game industry on numerous fronts: The precipitous rise in popularity of — and participation in — esports (bolstered, in part, by stay-at-home orders due to the COVID-19 pandemic and the vacuum left behind by the loss of more traditional entertainment options); the overall increase in numbers in the industry’s player base, including from first-time players; the growth of downloadable games; and the dawn of the next generation of gaming, with the introduction of the PlayStation 5 and Xbox Series X and S. However, growth, success and innovation often introduce new problems, concerns and issues, and it appears as though the video game industry will be no exception in 2021.

To kick off this new year, below we briefly discuss the major legal issues that are most likely to impact that video game industry in 2021 and beyond. As the year progresses, we will address each of these topics in more detail, while discussing the relevant developments impacting each area.