Why Video Game Companies Need Privacy Policies and Why Copy-Pasting Won’t Work

With games collecting vast amounts of user data—ranging from usernames and IP addresses to payment information and in-game behaviors—having a clear and compliant privacy policy isn’t just a good practice; it’s a legal requirement. However, simply copying and pasting another company’s privacy policy is a dangerous shortcut that can lead to serious legal consequences. Legal …

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How New U.S. Tariffs Could Reshape the Video‑Game Supply Chain

On April 5, 2025, the President of the United States announced that the United States will impose a minimum 10% baseline tariff on all goods imported from around the world, with many countries subject to higher rates. This announcement sent shockwaves through many economic sectors, causing a large amount of concern over supply chain costs, …

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When Should Companies Start Thinking About Trademark Registrations?

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 …

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What is Convertible Note Overhang?

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 …

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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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Why Game Developers Should Do Their Due Diligence on Game Names Before Launch

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 …

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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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Announcement: Chrissie Scelsi Joins Odin Team

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 …

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