“It’s hard being an indie game developer” is an understatement. This is especially true for developers embarking on the indie dev journey for the first time, whether on their own or through a newly formed studio. In addition to juggling the demands of game development and publishing, indie developers must now worry about accounting, marketing, …
The content creation space has grown and matured in the last several years. A recent Interactive Advertising Bureau study found that the number of people with full time jobs as content creators in the U.S. jumped from 200,000 in 2020 to 1.5 million in 2024. The economy of creators now accounts for 18% of the U.S. …
Marketing and promotion play a vital role in a game’s success, but control over these efforts can be a significant point of negotiation in publishing agreements. Developers and publishers often have different priorities when it comes to messaging, branding, and budget allocation, making it essential to establish clear terms in the contract. In most publishing …
Marketing and Promotion in Game Publishing: Who Controls What? Read More »
When a game developer signs a publishing agreement, a business relationship is established that extends beyond merely getting a game to market. Understanding the nature of this relationship is crucial in ensuring that a deal aligns with long-term goals. The Role of a Publisher A game publisher provides services that developers may not have the …
The Developer-Publisher Relationship: What Developers Are Signing Up For Read More »
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 …
Why Video Game Companies Need Privacy Policies and Why Copy-Pasting Won’t Work Read More »
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, …
How New U.S. Tariffs Could Reshape the Video‑Game Supply Chain Read More »
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 »