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 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 »
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 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 …
Hidden Legal Risks When Dealing with Physical Games and Merchandise Read More »
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 …
Don’t Lose Your Game Forever: How Clawbacks Can Help Preserve Rights in Publishing Deals Read More »
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. …
Recoupable Expenses: Hidden Costs That Can Eat Video Game Profits Read More »