Football in virtual worlds: copyright law and mixed reality

Football, mixed reality, virtual reality and immersive technologies are fundamentally changing the way people enjoy sports through the media. What began as traditional live broadcasts on streaming services is increasingly evolving into interactive experiences in virtual worlds. Applications for VR headsets, digital pitch models, real-time data and virtual spectator perspectives open up entirely new ways for fans to watch and analyse football matches. At the same time, these innovations raise numerous legal questions. The focus is, in particular, on copyright law, media rights, exploitation rights, the protection of sports broadcasts and the legal classification of mixed-reality applications. Using the example of recent developments surrounding the FIFA Club World Cup, this article examines the legal challenges associated with experiencing football in the metaverse and in virtual worlds.

2025 FIFA Club World Cup: How mixed reality is changing the way we watch football

What seemed like science fiction just a few years ago was already tested by DAZN and Meta during the 2025 FIFA Club World Cup. An app made it possible to stream the matches to Meta Quest, a VR headset. Not only could the football matches be watched on a large virtual screen, performance data for teams and individual players could also be accessed. The highlight was a 3D view of the pitch that could be activated virtually, allowing the match to be analysed from a completely new perspective. Mixed reality applications (MR applications for short) of this kind undoubtedly use some impressive technology. At the same time, however, they raise a number of legal issues. 

Mixed reality and copyright law: Is virtual football protected by law?

From a copyright perspective, the first question that arises is whether the football match taking place in the virtual space constitutes a work protected by copyright. In this context, the presentation of the match in a virtual space could be classified as an independent cinematographic work under section 2 (1) (6) German Copyright Act (UrhG). 

However, the question of copyright protection cannot be answered in such general terms. Rather, an MR application is to be regarded as a comprehensive multimedia product, and it will be necessary to distinguish between the individual components regarding copyright issues on a case-by-case basis. 

The MR application software is covered by section 69a German Copyright Act as a computer programme. 

If the specific MR application has a database system enabling the user to retrieve data on teams and players virtually, additional protection as a database work under section 4 German Copyright Act may also apply. 

If there are additional features, such as a 3D view of the playing field, the players depicted virtually could be protected as works of visual art under section 2 (1) (6) and (2) German Copyright Act. 

If fans using an MR application are involved in a more interactive way, this raises further questions regarding copyright protection, depending on whether the user's action itself can be regarded as a creative work in its own right.

Football in virtual worlds: Focus on media rights and exploitation rights

It is also unclear whether the live broadcast of a football match is protected by copyright as an independent cinematographic work, and whether its use via an MR application could therefore constitute a copyright infringement. 

In its judgment of 14 December 2021 (11 U 53/21), Frankfurt am Main Higher Regional Court ruled, with regard to the broadcast of UEFA Champions League matches, that the base signal constitutes a work which can be copyright protected under section 2 (1) (6), (2) German Copyright Act, as the visual director has sufficient scope to capture, select and arrange the events visually, irrespective of the events being filmed. Insofar as one wishes to assume that copyright protection applies to live football broadcasts under section 2 (1) (6) German Copyright Act, based on the reasoning of the Higher Regional Court of Frankfurt, exploitation rights would have to be granted so that the rights are not infringed when the material is used in the MR application. 

Are broadcasters' rights affected by VR and MR applications? 

Section 87 (1) (3) German Copyright Act grants broadcasting organisations the exclusive right to make a radio broadcast perceivable and accessible to the public in return for payment of an admission fee. The broadcasting organisations' exclusive right could be affected by transmission via an MR application. Special treatment for being comparable to big screen events, which do not infringe the broadcasting organisation's exclusive right of transmission as they are provided free of charge, is unlikely to apply to matches broadcast via an MR application. Consequently, when using MR applications, the matches will not be deemed to be accessible to the public if they can only be accessed by one person (e.g. via VR headsets). Furthermore, there will usually be a charge for using the MR application. In light of this, broadcasting a football match in virtual worlds proves problematic, not least with regard to the broadcasting organisations' rights of use.

In short: Football in the metaverse: opportunities, innovations and unresolved legal issues

• Mixed-reality applications and virtual worlds are changing the way football is enjoyed.
• VR headsets, virtual pitch models and real-time data are creating new forms of digital sporting experiences.
• The classification of MR applications under copyright law requires a nuanced analysis of individual components such as software, databases and virtual representations.
• Media rights and exploitation rights relating to football broadcasts also play a key role in their use in virtual worlds.
• Case law relating to the protection of sports broadcasts is becoming increasingly important for immersive technologies.
• To date, the legal framework has only kept pace with technological developments to a limited extent.
• As mixed reality and metaverse applications become more widespread, issues relating to copyright and media law will become increasingly relevant.