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 …
What Happens to a Publishing Deal When Conditions Change? Read More »
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, …
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 …
The Anatomy of a Severance Agreement: What Every Game Studio Should Get Right Read More »
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 …
Self-Publishing: 5 Key Things Developers Need To Know Read More »
When developers think about trademark protection, they usually think about The Game. Look at the cover of lots of our favorite games and you’ll see the little TM or circle-R symbol on the game name. Makes sense: the game is the product, the thing players search for and talk about. But there’s another brand sitting …
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 »
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 …