Video Game Law

Who owns my game mod?

Modding, the act of creating extensions within games and other platforms, is popular in the video game scene. What is a game mod? A game modification, or game mod, alters how a video game may look or behave. Mods are intended to extend and expand gameplay and modders are the individuals or communities that provide these …

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Are Let’s Play videos legal?

Let’s Play videos (or LP videos for short) have grown significantly over the past few years as more and more gamers play PC games (or play console games on ROMs) and have easy access to screen capture and video editing software. But are they legal? Let’s discuss. What’s a Let’s Play video? A Let’s Play …

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What to do if your video game art is being used in advertisements without your permission

Recently, this article posted on Polygon outlining the many commercial uses of the iconic watchtower image from Firewatch. These uses were not authorized by Campo Santo, the developer, which leads to the question: what do you do if you find yourself in this situation? First, pat yourself on the back. You made something so good …

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Why should I create a corporation or LLC for my video game studio?

If you’re starting your own video game studio, you might be inclined to just hit the ground running without extra thoughts to the legal structure and framework of your business. Naturally, I’m biased against this approach. Here’s a short overview of why you should consider forming a corporation or a limited liability company (LLC) before you …

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Brandon J. Huffman to Speak at Casual Connect in Los Angeles

On Tuesday, January 16th at 1 P.M. Brandon J. Huffman will be speaking at the Casual Connect conference in Los Angeles. He will be presenting on the following topic: Video Games and the 1st Amendment: The Importance of Pushing Boundaries and Resilience in the Face of Adversity This presentation will explore the history of video …

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Do I need a commercial license to use games for a VR arcade?

Thinking of opening a virtual reality (VR) arcade? Be prepared to learn about the exciting world of commercial licensing! In order to legally offer a physical location where others will access content like video games (whether they pay for them or not), you must purchase commercial licenses of games. What is a commercial license? When …

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Do I have to tell my audience if I’ve received a game and then reviewed it?

Congratulations! You’ve received your first video game from a developer or publisher as a gift and your review has been requested (or paid for). Do you have to tell your audience the behind-the-scenes details? Let’s take a step back here. Defining an influencer An influencer is a person who may be a celebrity or, even …

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Brandon J. Huffman quoted on loot boxes and gambling in Mashable

The article gives a great overview of the recent “do loot boxes = gambling?” debate. The debate was largely brought into the mainstream by Hawaii state representative Chris Lee, who posted a video on YouTube calling for regulation of the industry and lootboxes specifically. Here is an excerpt on my views: Ultimately, Huffman urged caution. “We need to be careful …

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Marketing requirements in game publishing contracts

This is an excerpt from the free ebook, Key Provisions in Video Game Publishing Agreements. In the marketing provisions [of a video game publishing agreement], there are three main questions to answer. Who has responsibility for marketing? Who has the right to market? Who has creative input in the marketing? The agreement should explicitly say …

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