top 10 game developer legal mistakes
TRANSCRIPT
Top 10 game dev legal mistakes (in 20 minutes)
Jas PurewalRezzed, 12 March 2015
What we’ll discuss
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1. The top 10 game dev legal mistakes
2. Why you shouldn’t do them
3. How not to do them
4. Seriously, don’t
5. Bye!
About me
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I’m a video games and digital entertainment
lawyer. 10 years in the City of London and
Silicon Valley, then founded a digital
entertainment law firm, Purewal & Partners, in
London in 2014.
We help games studios and video games
businesses with things like: contracts
negotiation, intellectual property, employment,
regulation, financing and dispute resolution.
I also write www.gamerlaw.co.uk.
Not me
Clients
4
1: Contracts are a waste of time
Why devs might think so: Contracts are complicated and are full of
things only lawyers might understand.
Why that’s a mistake:• A contract is just a document explaining
what both sides get.
• It’s your best chance to make sure you
get what your studio needs but doesn’t
give too much away.
Tip: use contracts whenever possible. Get a
working understanding of them. Ask other
devs and lawyers about them.
2: IP law is evil
Why devs might think so:
“IP law is for big evil publishers to stomp on
little studios”.
Why that’s a mistake:• Legally, a game is made of IP rights.
• Sure, it can be abused, but it’s your best
shot at protecting your business in all
sorts of ways.
Tip: get a working understanding of what IP
law in games actually is, rather than just
what the Internet thinks it is.
3: T&Cs are pointless
Why devs might think so:
“Everyone just ticks the box and ignores it.”
Why that’s a mistake:• T&Cs are your way to tell your users
what’s OK and what’s not.
• It helps protect your business and
communicate with your users.
• Still legally effective if not fully read!
Tip: there is no earthly reason not to have
T&Cs. They don’t have to be stuffed full of
legalese, but they should exist.
4: Data privacy: not a dev problem
Why devs might think so: “Our games don’t collect on any data!”
Why that’s a mistake:• All studios do.
• Regulators in UK/US/EU are actively
looking at games studios’ use of data.
Tip: get a privacy policy and cookie policy.
Register with local data privacy regulator (if
applicable). “Privacy by design”.
5: Founders never fall out
Why devs might think so:
“I built a studio with my mates, we’re cool.”
Why that’s a mistake:• People fall out. It happens.
• The worst thing you can do is build a
company without setting some ground
rules down in writing first.
Tip: get a good shareholders agreement.
Think about shareholdings properly (and
unemotionally). Keep this under review as
the company grows.
6: Employees, contractors,
so what?
Why devs might think so: “Employment law is for big studios.”
Why that’s a mistake:• Contractors own IP in their work.
Contractors could be employees in fact.
• Employment law raises serious tax and
admin issues – not to be ignored.
Tip: get good template employment and
contractor agreements. Employment law
applies to even the smallest of indies.
7: Age ratings are irrelevant
Why devs might think so:
“I don’t use them, so who cares?”
Why that’s a mistake:• Formal age ratings are still needed on
console and PC physical releases.
• They are a real issue in important
markets like Germany and Australia.
• Parents and regulators still rely on them.
Tip: know when you actually need them and
when you don’t.
8: Tax breaks aren’t worth it
Why devs might think so:
“It’s just loads of paperwork for nothing”.
Why that’s a mistake:• Tax breaks themselves effectively
subsidise development (e.g. UK GTR:
>20% of qualifying dev costs).
• They could be used to unlock wider
equity/project funding.
Tip: have a chat with your accountant and
lawyer – is there free money on the table?
9: F2P isn’t regulated
Why devs might think so: “Apple hasn’t told us to change anything”.
Why that’s a mistake:• Not just a platform problem – it’s yours.
• F2P regulation, especially in UK/EU, is a
growing issue for devs.
• You can’t just create any F2P mechanic
you like – there are rules in place now.
Tip: get an understanding of UK F2P
principles. Talk to a games lawyer during dev.
10: Lawyers can’t help game devs
Why devs might think so:
“Expensive and they don’t get games.”
Why that’s a mistake:• Find the right lawyer. Purewal & Partners,
Osborne Clarke, Sheridans, Harbottles –
all good UK/EU law firms.
• A good lawyer is also a business advisor
and a walking contact list.
Tip: find a games lawyer and build a long-
term relationship with him/her.
Thanks! AMA?
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W: www.purewalandpartners.com
T: @gamerlaw
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