The Answer: The Earlier, the Better! More and more we are seeing companies in the games space having to change the names of their studios or games – or having to pay a prior rights owner for the right to keep using the name. Why? Usually it’s because the companies in question did not file …
When Should Companies Start Thinking About Trademark Registrations? Read More »
Convertible notes and Simple Agreements for Future Equity (SAFEs) are widely used by startups to raise early-stage capital. However, where the terms of those agreements are overly generous to the early-stage investor, those agreements can create complexities in future financing rounds, particularly in the form of “liquidation preference overhang”. What is Liquidation Overhang? Liquidation overhang …
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. …
Recoupable Expenses: Hidden Costs That Can Eat Video Game Profits Read More »
The gaming industry is more competitive than ever, with thousands of games released annually across various platforms. While developers focus on gameplay mechanics, graphics, and marketing strategies, one critical aspect often overlooked is the legal viability of a game’s name. Failing to conduct thorough research before launching a game can lead to costly consequences, including …
Why Game Developers Should Do Their Due Diligence on Game Names Before Launch Read More »
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 …
Who Owns What? Understanding Intellectual Property Rights in Game Publishing Deals Read More »
Odin Law and Media is excited to welcome Veda Cruz to the firm! Veda Cruz, Attorney of Counsel Veda brings a unique blend of legal and game industry experience, combining her work on transactions, intellectual property, privacy, licensing, and business strategy with firsthand involvement in game development. Her deep understanding of the industry comes not …
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 …
Show Me the Money: How Royalties Work in Game Publishing Agreements Read More »
Odin Law and Media is excited to welcome Chrissie Scelsi to the firm! Chrissie Scelsi, Attorney Chrissie brings extensive experience advising game developers, publishers, and immersive entertainment companies on a wide range of legal matters, including transactions, intellectual property, licensing, advertising, influencer relations, content clearance, and esports. Her impressive career includes serving as U.S. general …
In Counts II – V of the FTC’s complaint against HoYoverse and Genshin Impact, the FTC alleges that HoYoverse engaged in deceptive and unfair practices surrounding the actual cost and odds of its loot boxes and how those loot boxes are marketed. Importantly, this is the first complaint by the FTC against loot box mechanics …
As mentioned in Part I of the this three part blog post on the FTC’s complaint against HoYoverse and Genshin Impact, COPPA applies to sites and services that are either directed toward children under the age of 13 or have actual knowledge that children 13 are providing information online. In Count I of the complaint, …