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 of arbitration provisions. A Clause …
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 reading carefully may find themselves …
Read Before Signing: Why Developers Should Negotiate Portfolio Rights Up Front Read More »
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 Act (IEEPA) does not authorize …
Tariff Update: The CAPE Refund Process Is Live. Who Actually Gets the Money? Read More »
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 game designers to jointly develop …
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 an acquisition. Publicity and appearance …
Signing Your Life Away: The Wild West of Publicity Releases Read More »
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 build, prepares for release, and …
A development or publishing agreement can look like a lifeline right up until it isn’t. Studios of every size have signed deals that seemed reasonable at the time, only to find themselves on the wrong end of a termination clause that wiped out their runway, stripped them of rights to work they spent years building …
Starting a business has never been more accessible and at the same time, never more complicated. Between global audiences and new tools that let creators and founders move faster than ever, it’s easier to build something real. Because of that, making sure that the fundamentals don’t get skipped is also more crucial than ever. This …
Introducing the 10-Step Quick Start Guide for New Businesses Read More »
When I studied Spanish translation in college, Google translate was in its infancy and only provided the roughest of translations. My tools were primarily dictionaries and thesauruses, internet searches, example texts, and my own knowledge of Spanish and English. Within the last year, however, I took a Spanish short story, ran it through a machine …
AI Tools in Legal Work: Good Help Still Needs a Lawyer Read More »
Something is shifting in the Roblox ecosystem. Off the back of the commercial success of “Grow a Garden” and “Steal a Brainrot,” each of which began as a hit Roblox game and grew to see significant success beyond Roblox, more and more interested parties are beginning to explore acquiring Roblox games and trying to grow …
How to Prepare Your Roblox Game for a Sale or Investment Round Read More »