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

By / March 20, 2025

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

By / March 11, 2025

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

By / March 4, 2025

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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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part III: Deceptive and Unfair Practices Surrounding Loot Boxes

By / February 27, 2025

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 …

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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part II: COPPA

By / February 27, 2025

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, …

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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part I: Background of COPPA and Loot Boxes

By / March 21, 2025

On January 17, 2025, the Department of Justice filed a complaint upon referral from the Federal Trade Commission (FTC) against Singapore-based Cognosphere Pte. Ltd and its Californian subsidiary Cognosphere LLC, which collectively does business under the name “HoYoverse”. The complaint consists of five counts split into essentially two major prongs against HoYoverse and their game, …

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Reverse Trademark Infringement: The OpenAI Case and Its Implications

By / February 19, 2025

Trademark disputes are common in business. Most cases involve a smaller entity allegedly infringing upon a well-known brand. However, reverse trademark infringement flips this dynamic. It occurs when a larger, more prominent company is accused of infringing upon the already existing trademark of a smaller, lesser-known entity, leading to brand dilution and consumer confusion. Understanding …

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The U.S. Copyright Office’s AI Report Part II: AI Creations May Be Copyrightable (With Enough Human Involvement)

By / February 12, 2025

After months of anticipation, the U.S. Copyright Office (USCO) has published the second part of its three-part report on the copyright issues raised by artificial intelligence (AI). Titled “Copyrightability,” this part focuses on whether AI-generated content is eligible for copyright protection in the U.S. The key takeaway? AI-generated works can be eligible for copyright protection—if …

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Convertible Notes vs SAFEs

By / December 2, 2025

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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