Game Development

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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Signing Your Life Away: The Wild West of Publicity Releases

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 …

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Legal Issues at Every Stage of Game Development

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 …

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Introducing the 10-Step Quick Start Guide for New Businesses

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 …

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How to Prepare Your Roblox Game for a Sale or Investment Round

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 …

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Hidden Legal Risks When Dealing with Physical Games and Merchandise

A lot goes into creating and selling a physical product. The product and packaging has to be designed. Then the product needs to be manufactured (and maybe marketed). Finally, the product needs to be shipped and distributed to customers. Sometimes, a third-party merchandise company will handle the process. Other times, a developer or creator (who …

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Production Risk Is Legal Risk

There’s a common assumption in game development that “legal” lives somewhere off to the side of production.  In practice, the legal risk profile of a game is often a mirror of its production discipline. When milestones slip, scope drifts, roles blur or documentation disappears, companies can be exposed on multiple fronts. Production risk and legal …

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Don’t Lose Your Game Forever: How Clawbacks Can Help Preserve Rights in Publishing Deals

In game publishing, and especially in game publishing agreements, clawbacks are safety valves that can keep intellectual property from being locked away and lost to history. What Is a Clawback in Licensing? In the world of intellectual property licensing, a “clawback” refers to a contractual mechanism that allows a party to take back rights or …

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