Game Development

Indemnification Clauses in Game Development Contracts

An indemnification clause is a provision in an agreement that shifts risk from one party to another. In a game development agreement, it often appears near the end of the document and receives less attention than payment terms or ownership rights because it looks like legal jargon. But when a dispute arises, this clause can …

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Twitch’s New AI Terms Affect Developers, Too: How to Mitigate Risks to Game IP

On August 12, Twitch shifted the default settings on every channel so that a broad range of content (including live streams, VODs, clips, highlights, and the text and images on a channel) can be used to train Amazon’s generative AI models unless a creator opts out. The shift has drawn plenty of attention from the …

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What Happens to a Publishing Deal When Conditions Change?

Gaming is an ever-evolving industry that seems to shift and reinvent itself every day. Big news or changes in industry conditions can directly impact publishing deals, so publishers, developers and content creators will want to look at any deals they have in place (or that they’re negotiating) when that news hits. One event impacting the …

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How to Fight Scope Creep

Here’s a common scenario game studios may be familiar with: a contractor and studio meet, decide they want to work together, and then begin a short evaluation period so both can test the working relationship. The evaluation goes well and they agree to continue. A few extra requests get added here and there. Weeks later, …

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Starting a Game Studio: 5 Legal Issues to Get Right First

Many game developers dream of starting a game studio. For some, that has always been the goal. For others, recent layoffs have created the opportunity to build something new. Launching a studio is exciting, but a few early legal decisions can shape everything that follows. Getting these issues right from the beginning can prevent expensive …

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The Anatomy of a Severance Agreement: What Every Game Studio Should Get Right

Layoffs and restructurings across the games industry have become a recurring feature of the business, and each one puts a spotlight on a document most studios only think carefully about when they need it: the severance agreement. For the studio or publisher offering it, a severance agreement is the primary tool for closing out an …

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Self-Publishing: 5 Key Things Developers Need To Know

Publishers do a lot of things developers complain about: they take a cut of revenue, they have approval rights over content, they can move slowly, and they sometimes lose interest in the game after launch. However, publishers also absorb a significant amount of legal and administrative work that most developers never see. Self-publishing means that …

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Read Before Signing: Why Developers Should Negotiate Portfolio Rights Up Front

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 …

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Joint Ownership in Tabletop Games

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 …

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