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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