25 days ago

Publisher Note #4

Legal protection for developers


Most problems between a developer and publisher arise not from malicious intent, but from a misread contract and misplaced expectations.

A few basic principles every developer should understand.

1. Money is not a partnership.

Just because you're paid an advance or an investment doesn't mean you're partners.

Here are the key points:

- What exactly are you obligated to do?

- What happens if you don't complete the project on time or the project is closed?

- Who retains ownership of the result?

- The phrase "we believe in you" is legally invalid.

2. Who owns the rights?

This is the most critical point.

The contract must clearly state:

- Who owns the exclusive rights to the game?

- In which territories?

- For how long?

- With or without the right to transfer to third parties. If it says "rights are transferred completely and irrevocably," you're likely losing the project forever.

3. Royalty - only if fixed

Verbal agreements and correspondence offer weak protection.

If the contract:

- no percentage;

- no calculation formula;

- no payment terms;

then royalties may not exist.

4. The parties' responsibilities must be symmetrical.

A red flag:

- the developer has multiple responsibilities;

- the publisher uses vague language like "assistance" or "provides support."

Support must be described:

- marketing;

- localization;

- platforms;

- budgets or lack thereof.

5. Exit from the contract

Always consider:

- whether the contract can be terminated;

- under what conditions;

- what happens to the rights and build after termination.

If exiting the contract only entails penalties for you, it's a risk.

6. "Urgency" is a warning sign

Phrases like:

- "we need to sign now";

- "other studios have already agreed";

- "the lawyers will fix it later"

are often used to prevent time to think.

You always have the right to:

- take a break;

- show the contract to a specialist;

- ask uncomfortable questions.

Legal literacy is not a sign of mistrust.

It's a way to protect yourself, the project, and future collaborations.

A good publisher isn't afraid of questions.

A bad one is afraid that you'll start asking them.



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