Video Game Law

What Every Studio Needs in a Contractor Agreement

By / June 25, 2025

Many studios, especially early-stage studios, rely heavily on the services provided by independent contractors. Contractors may provide anything from commissioned art, to administrative services, to programming services for studios. No matter what services are being provided, there are some core ingredients any studio should want to see in written agreements with these service providers: First …

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3 Things Developers Get Wrong About IP

By / June 9, 2025

In the push to meet milestones and impress publishers, development teams often treat intellectual property (IP) as a box to tick rather than a strategic asset. The result can be costly detours exactly when momentum matters most: disputed titles, ownership surprises or stalled funding rounds. Understanding where misunderstandings typically arise helps studios safeguard creativity, preserve …

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Founders’ Agreements 101

By / June 3, 2025

Many budding entrepreneurs know that starting a successful venture requires creating a legal entity and drafting the associated paperwork, but those documents leave many questions unanswered: What role will each founder play in the new business? How will smaller operational decisions, like whether to sign a contract, be made? Can founders “moonlight” and work other …

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Six Legal Mistakes That Indie Developers Make

By / May 27, 2025

“It’s hard being an indie game developer” is an understatement. This is especially true for developers embarking on the indie dev journey for the first time, whether on their own or through a newly formed studio. In addition to juggling the demands of game development and publishing, indie developers must now worry about accounting, marketing, …

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The Developer-Publisher Relationship: What Developers Are Signing Up For

By / April 29, 2025

When a game developer signs a publishing agreement, a business relationship is established that extends beyond merely getting a game to market. Understanding the nature of this relationship is crucial in ensuring that a deal aligns with long-term goals. The Role of a Publisher A game publisher provides services that developers may not have the …

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Recoupable Expenses: Hidden Costs That Can Eat Video Game Profits

By / April 3, 2025

Recoupable expenses are a critical aspect of game publishing agreements, often reducing the revenue a developer ultimately receives. These costs, deducted from game sales before royalties are paid, can significantly impact profitability. Understanding what qualifies as a recoupable expense and how to negotiate favorable terms is essential for developers (and publishers) looking to maximize earnings. …

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Who Owns What? Understanding Intellectual Property Rights in Game Publishing Deals

By / March 20, 2025

In a game publishing agreement, the ownership and licensing of intellectual property (IP) are among the most critical terms. Understanding how rights are allocated between developers and publishers can prevent disputes and ensure long-term business success. Typically, developers retain ownership of the core game and its underlying assets. This includes the game code, which forms …

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Show Me the Money: How Royalties Work in Game Publishing Agreements

By / March 11, 2025

Royalties are a central part of any game publishing agreement, determining how revenue is shared between developers and publishers. Understanding how royalties are structured can help developers make informed decisions and avoid unexpected financial pitfalls. The Basics of Royalties in Game Publishing Royalties are payments to the owner of a piece of intellectual property, like …

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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part III: Deceptive and Unfair Practices Surrounding Loot Boxes

By / February 27, 2025

In Counts II – V of the FTC’s complaint against HoYoverse and Genshin Impact, the FTC alleges that HoYoverse engaged in deceptive and unfair practices surrounding the actual cost and odds of its loot boxes and how those loot boxes are marketed. Importantly, this is the first complaint by the FTC against loot box mechanics …

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Lessons to Learn from the FTC Complaint Against Cognosphere and Genshin Impact – Part II: COPPA

By / February 27, 2025

As mentioned in Part I of the this three part blog post on the FTC’s complaint against HoYoverse and Genshin Impact, COPPA applies to sites and services that are either directed toward children under the age of 13 or have actual knowledge that children 13 are providing information online. In Count I of the complaint, …

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