Arbitration clauses are reasonably common in Terms of Service and EULAs. The logic has always been that keeping disputes out of court, keeping them more confidential, avoiding class actions and resolving claims faster and cheaper, is good. But recent cases involving Valve, Epic Games and Roblox illustrate the unintended risks...

When a developer joins a studio, whether as a full-time employee or an independent contractor, a nondisclosure or confidentiality agreement (NDA) is often part of the onboarding paperwork. NDAs are typical as studios want to protect unreleased games, proprietary technology, and internal processes. But developers who sign an NDA without...

There have been some major updates on the United States tariff front since the previous post on this topic went up. The biggest inflection point came from the highest court in the land, with the Supreme Court ruling in Learning Resources, Inc. v Trump that the International Emergency Economic Powers...

Tabletop game creators and designers often work flexibly. It is not uncommon for even successful tabletop game designers to have a day job, collaborate with other tabletop game designers, work as freelancers, serve as consultants, and be involved in multiple projects. Oftentimes, tabletop game designers may collaborate with other tabletop...

In the creator economy, unscripted entertainment and video game production, chain of title is everything. If a producer or studio cannot show it has the rights it needs in the footage, performance, voice, name, and likeness appearing in a project, that lack of rights can derail distribution, financing, insurance, or...

Making a game is both a creative and a business process. With that comes legal considerations that can shape a game project from its earliest concept through post-launch support. For many developers, legal issues appear in stages. A team starts with an idea, brings in collaborators, creates assets, tests the...