For many developers, a video game publishing agreement is one of the most important contracts they will ever sign. Such an agreement ensures that the development of a game is financially supported and that the game will be published on the relevant platforms.
While receiving an offer from a publisher may feel like a golden opportunity, it is essential to carefully review and understand the publishing agreement before signing. This contract sets the foundation of your relationship with the publisher. Since the draft is usually prepared by the publisher’s lawyer, it will almost always be structured to favor the publisher’s interests.
For this reason, developers should understand the terms they agree to and what they should look out for during negotiations.
About this guide
This guide is designed to help developers navigate the complexities of video game publishing agreements. It consists of several articles that explain the clauses most commonly found in these contracts.
For each clause, we explore:
- What is the clause about?
- Why is the clause important?
- How can an example of this clause look like in a video game publishing agreement?
- What are the key considerations when reviewing and negotiating the clause?
While the guide is by no means exhaustive, it gives a proper introduction to video game publishing agreements and equips developers with the knowledge to approach negotiations more confidently.
Who is this guide for?
While this guide can be used by both video game publishers and developers, it is mainly aimed at video game developers who want to increase their knowledge about publishing deals and contracts before they get an offer from a publisher (or at the moment the offer is finally on the table).
About the author: René Otto
This legal walkthrough is based on my knowledge and experience as a video game lawyer. Over the years, I’ve negotiated hundreds of publishing agreements and continue to close deals on a weekly basis, representing both developers and publishers. These experiences have helped me develop a practical understanding of what makes a fair and sustainable publishing contract. Some of these insights are shared with you throughout this guide.
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Content of the guide
New articles will be added to this guide over time, so if you have questions which are not answered, contact us to suggest new additions to this legal walkthrough, or to get tailored legal advice.
- The Short Form and Long Form Agreement
- The License to the Video Game
- Milestone Schedules & Advance Payments
- Royalties, Net Revenue & Recoup
- Audit Clause
- Key Personnel Clause
- Third-party Software & Engines
- Marketing Obligations of the Publisher
- Intellectual Property Rights
- Future Games & Exclusivity
- Consequences of Termination
- Representations, Warranties & Indemnification
- Bug Fixing, Tech Support & Service-Level-Agreements
- The Legal Video Game Publishing Dictionary