FIFA, Netflix and IP Licensing: What’s Really Being Licensed?

When headlines announce that FIFA is partnering with Netflix on a new game, the commercial story is obvious: two global entertainment giants teaming up to capture fans’ attention. But behind the marketing buzz sits something much more technical and far more valuable – an intellectual property licensing agreement.

This type of deal is a textbook example of how IP rights are leveraged, sliced up, and contractually controlled to allow exploitation across platforms without any transfer of ownership. In this blog, we unpack how such a deal is typically structured, why licensing (rather than assignment) is key, and what elements of the FIFA brand and game are likely to be licensed.

Why an IP Licensing Agreement?

At its core, a licensing agreement is permission (granted by the IP rights holder) to use certain IP rights in a defined way. Crucially, ownership of the IP remains with the licensor.

For FIFA, licensing (rather than selling or assigning IP) allows it to:

• retain long-term control of its brand;
• monetise the same IP across multiple partners and platforms;
• impose quality control and brand protection obligations; and
• terminate or restrict use if contractual standards are not met.

For Netflix (or a Netflix-backed games studio), a licence provides a valuable commercial opportunity – a chance to exploit and benefit from an already successful brand.

Under English law, IP licences are largely creatures of contract. The scope, territory, duration and commercial terms are primarily defined by agreement.

The IP Rights

A deal involving the FIFA game and Netflix is unlikely to hinge on a single IP right. Instead, it will involve a bundle of rights licensed for specific purposes.

1. Trade Marks

The most obvious assets are FIFA’s registered and unregistered trade marks, including:

• the word mark “FIFA”;
• competition names (e.g. FIFA World Cup);
• logos, emblems and badges;
• stylised fonts and visual branding.

These marks function as badges of origin for FIFA and therefore belong to FIFA. Any use by Netflix on a game title, menus, promotional materials or app stores would therefore require an express licence.

Trade mark licences typically include:

• strict brand guidelines;
• approval rights over marketing and presentation; and
• prohibitions on uses that could dilute or tarnish the mark.

2. Copyright

Copyright is likely to be the workhorse right underpinning the deal. Licensed copyright may include:

• artwork, graphics and animations from FIFA games;
• UI designs and menu layouts;
• audiovisual content, such as intro sequences or cutscenes;
• databases of teams, competitions and historical information.

Under the Copyright, Designs and Patents Act 1988, these works are protected automatically, and any reproduction, adaptation or communication to the public requires permission.

Netflix may also create new copyright works (for example, bespoke gameplay mechanics or narrative elements). The agreement will need to address:

• who owns foreground IP (the new IP created under the licensing arrangement); and
• whether FIFA receives a licence back to this foreground IP or owns it.

3. Image Rights

While image rights are not a standalone IP right under English law, they are typically protected through a combination of:

• copyright (photographs and renders);
• trade marks (names and stylised signatures);
• passing off; and
• contractual rights negotiated with players and unions.

If the Netflix game includes real players, teams or squads, those rights are likely to belong to the players themselves or other entities, not FIFA.

Therefore, FIFA will need to have cleared those rights for use with the owners and Netflix is likely to require FIFA to warrant that it has done this (that it has the authority to sub-license those rights in this agreement).

4. Database Rights

Player statistics, historical match data and rankings may be protected by database rights.

Licensing these rights allows Netflix to use structured datasets without risking infringement, particularly where there has been substantial investment in obtaining, verifying or presenting the data.

5. Passing Off

Even where a specific IP right is not registered, English law protects goodwill through the law of passing off. The licensing agreement will typically:

• acknowledge FIFA’s goodwill in the brand; and
• license this goodwill as part of the licensed rights package.

The Terms

Typical provisions in an IP licence include:

• Scope of use: platform-specific rights (mobile, console, streaming-only games).
• Territory: often worldwide or specific countries.
• Term: the length of the licence.
• Exclusivity: whether Netflix is the only entity that will be given this licence and permitted to use the licensed rights.
• Remuneration: royalties, minimum guarantees, lump-sum fees.
• Quality control: mandatory compliance with brand and content standards set by the Licensor.
• Termination rights: particularly for serious issues – such as a party materially breaching the licence terms.

Clarity and precision in an IP licence is critical. Ambiguity in licensed rights is a common source of disputes.

Why This Matters

Deals like the FIFA–Netflix collaboration illustrate a broader trend. IP-rich brands don’t just create content – they maximise their potential by licensing them to others in different and desirable markets e.g. FIFA in the football field and Netflix in the media (and now gaming) field.

For rights holders, licensing maximises value while preserving ownership. For licensees, it provides access to globally recognised IP that would otherwise take decades to build.

And for lawyers? A lot of drafting but a lot of fun.