In the video game industry, there are many persistent myths about publishing contracts. In our experience as video game lawyers who negotiate publishing agreements on a weekly basis, we believe it is important to address and debunk some of the most common ones.
These myths often create unnecessary hesitation, anxiety, or false confidence among developers, which can lead to missed opportunities or avoidable risks.
Myth 1: The publishing deal is not negotiable
Some publishers claim that their template agreement is “not-negotiable.” We can safely say that this statement is false.
It is important for a developer to realise their own value. While it is understandable that a developer feels flattered when a publisher shows interest in their game, it should not be forgotten that the game represents a commercial business opportunity for the publisher as well.
If a publisher genuinely believes a game has commercial potential, they also have an interest in reaching a mutually beneficial deal. No reasonably acting publisher will stubbornly let a sgreat opportunity walk away solely because a developer wants to discuss certain terms.
A related claim we sometimes hear is that a publisher “never negotiates” a specific clause. This is another reason why working with an experienced video game lawyer can be helpful. Video game lawyers who regularly negotiate publishing agreements often have prior experience with the same publishers, which allows them to better assess whether this is actually the case.
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Myth 2: The publisher will be angry in case I do not accept the terms
Many developers worry that questioning a contract might damage the relationship with a prospective publisher. In reality, the opposite is often true.
Most publishers see it as a red flag when an indie game developer signs an agreement without taking the time to properly review it. A good publisher prefers a developer which takes the relationship seriously.
If a developer signs without properly considering it, a publisher may assume that the developer has been equally careless in other areas, such as protecting intellectual property rights. That situation is often unfavourable for both parties.
In fact, for some publishers we represent, we have even included a few “easter eggs” in their contracts. If a a developer signs the agreement without comment, the publisher then asks whether those easter eggs were actually discovered. If not, the publisher sometimes explicitly requests that the developer reread the contract more carefully.
In rare cases, publishers even contribute financially to having a contract reviewed by a lawyer. While uncommon, this does happen.
If a developer is concerned about maintaining a good relationship, engaging a video game lawyer can actually help. The developer can focus on the partnership, while the lawyer raises contractual issues in a professional and neutral way.
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Myth 3: Any changes will have to be approved by the management and that will slow things down
Negotiating a good publishing agreement does take time. However, developers should not be afraid to raise concerns or ask questions.
In our experience, the time spent ironing out assumptions and expectations at the contract stage often leads to a more efficient collaboration after signing. After all, when both parties clearly understand their rights and obligations, fewer issues arise later on.
A contract that has been carefully discussed usually results in smoother communication, fewer surprises, and a more sustainable working relationship over the course of development and release.
Before you sign: a final thought
Many of the concerns developers have about publishing contracts are based on assumptions that do not hold up in practice. Asking questions, negotiating terms, and seeking advice are normal parts of a professional publishing relationship.
If you want to better understand how specific clauses work in practice, you may find it helpful to revisit the Game Developer’s Guide to Publishing Agreements. And if you are unsure whether engaging legal help is realistic for your situation, you can also read more about how much legal review of a video game publishing agreement usually costs.