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...

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...

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...

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...

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...

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...