Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

Recoupable Expenses: Hidden Costs That Can Eat Video Game Profits

Recoupable expenses are a critical aspect of game publishing agreements, often reducing the revenue a developer ultimately receives. These costs, deducted from game sales before royalties are paid, can significantly impact profitability. Understanding what qualifies as a recoupable expense and how to negotiate favorable terms is essential for developers (and publishers) looking to maximize earnings. …

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Who Owns What? Understanding Intellectual Property Rights in Game Publishing Deals

In a game publishing agreement, the ownership and licensing of intellectual property (IP) are among the most critical terms. Understanding how rights are allocated between developers and publishers can prevent disputes and ensure long-term business success. Typically, developers retain ownership of the core game and its underlying assets. This includes the game code, which forms …

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Show Me the Money: How Royalties Work in Game Publishing Agreements

Royalties are a central part of any game publishing agreement, determining how revenue is shared between developers and publishers. Understanding how royalties are structured can help developers make informed decisions and avoid unexpected financial pitfalls. The Basics of Royalties in Game Publishing Royalties are payments to the owner of a piece of intellectual property, like …

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Convertible Notes vs SAFEs

Convertible notes and SAFEs (Simple Agreements for Future Equity) are two common instruments used by startups to raise early-stage capital. While they share similarities, they also have distinct features that may make one more suitable than the other depending on the situation. Here’s a quick comparison to help understand the key differences and why a …

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Convertible notes are a tool for early-stage fundraising

Unlike a traditional priced equity round, a convertible note is a type of debt that converts into equity (typically during a future financing round). Essentially, it’s a loan made to a startup by an investor, with the expectation that the loan will convert into shares of the company’s stock at a later date. This instrument …

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Understanding Stock Incentive Plans and Rule 701

When it comes to employee compensation, companies can offer more than wages and salaries. One of the most popular choices is granting employees equity, giving them a sense of ownership and aligning their interests with the success of the business. For interested companies, one of the best ways to accomplish that goal is through a …

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What are the Risks of a SAFE?

As founders look to raise capital, Simple Agreements for Future Equity (SAFEs) present a streamlined option. However, like any financial instrument, SAFEs come with their own set of risks. Understanding these risks is vital for making informed decisions and protecting the future of the business. 1. Valuation Cap Uncertainty SAFEs come in different forms. One …

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Understanding Open Source Licenses: A Guide for Game Developers

When working on a game development or software project, understanding open source licenses is crucial. These licenses dictate how developers can use, modify, and distribute open source software. In this blog post, we’ll break down the essentials of open source licenses, focusing on the differences between permissive and copyleft licenses, and how they impact the …

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