When dealing with video game-specific issues, it`s usually best to have a video game lawyer working on your behalf. You have industry experience and you often have an idea of the specifics of these video game contracts. Many of them will consult freely with you and will be able to work within your budget to find a pricing structure that you can afford. “If the publishing house has a “Take it or leave it” approach to the agreement, it`s clear that it doesn`t respect you… Sometimes it`s best to just leave ” “You want to make sure the publishing house doesn`t calculate the funds incorrectly,” he says. Don`t say the publisher is a bad actor, but easy, accounting services confuse this all the time. You do not want to find out that you have been convicted by a publishing house and that you do not use it. Voyer also advised developers to never block in the conditions of continuation in a game contract and, above all, to avoid the continuation rights being on the same terms as the original agreement. “Imagine you accepted 50/50. Your game is very successful. If you are stuck in the same continuing conditions, you should make a 50/50 deal for your next match.” If you`re a relatively new developer signing your first publishing contract, you have a double disadvantage, according to Kellen Voyer of Voyer Law. The first type of clause is the right to negotiate, which Voyer described as a good approach.
Basically, it`s a right of first refusal — if the developer wants to make a sequel, he takes it to the publisher, he has a set time to stop them, and if they don`t reach an agreement, the developer can accept them elsewhere. Many publisher agreements are silent on deadlines, while others challenge them in a way that gives the publisher all the power. “You don`t want to find out that you`ve been short-circuited by a publishing house and you don`t have to use it.” Even the barebones publishing contract will have a termination clause. The purpose of a termination provision is to tell when and how the contract can be terminated. A contract may have different termination clauses for different scenarios. Developers, especially those who have not yet succeeded, may be shy when it comes to fending off a publishing house. The result is often that they sign any agreement submitted to them, even though many of the above issues exist. It is not a good deal for all the reasons we have discussed. In the end, concluding a publishing degree is a bit like buying a used car — a scary experience for the uninitiated.