Many people in the video games industry have read contracts before and feel hesitant to engage a video game lawyer for their contracts. Perhaps after reading our guide for publishing agreements, you feel confident enough to handle things yourself.
However, engaging a lawyer who specialises in video game publishing agreements can add significant value. Here’s why.
Sometimes what is not written in a contract matters most
Contracts are often difficult to fully understand without legal training. Some people can form a (preliminary) opinion of a contract based on what is included in the text. However, what is missing is just as important. And that is what is often overlooked.
An experienced video game lawyer can help tremendously by spotting critical omissions, which are terms that should be added to protect you. This is especially important in the case that a publisher is in a position of power, for example regarding the payment of revenue or regarding their marketing efforts. A well-drafted contract sets boundaries for publisher behavior in these situations.
A video game lawyer can provide tailored advice for your situation
There’s no shortage of general legal information online. The problem is that it isn’t tailored to your unique circumstances.
Working with a video game lawyer allows you to identify what matters most for your studio and video game. The points that are important in a video game publishing agreement hugely depend on the outcome of this assessment. For example, in the event that you want to create a long-lasting franchise, clauses regarding future games are more important than in the event you want to develop a standalone game. And the points of interest of an online game are vastly different than for a single-player narrative game.
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Market knowledge from frequent negotiations of video game publishing agreements
Video game lawyers who regularly negotiate publishing agreements bring an extra layer of value: market awareness. While a lawyer is subject to confidentiality, there is a lot of general knowledge this lawyer can use to your advantage. This helps them assess whether a contract is fair compared to industry standards.
In our own practice, we negotiate publishing deals weekly. Sometimes we’ve even dealt with the same publisher before, which means we already know which points are usually negotiable and how best to approach them. That insight can give you a strategic edge.
Issues raised by lawyers are often taken more seriously
It shouldn’t matter who raises an issue in negotiations, but in practice, it often does. Points raised by a lawyer are sometimes treated with more weight than the same concerns raised by a developer directly. Having legal representation ensures that your concerns are presented with the authority they deserve.
Good Cop & Bad Cop advantage
Last but not least, engaging a video game lawyer can have an advantage for maintaining a good relationship with your soon-to-be publisher.
Sometimes it can be rather difficult to raise certain issues with a contract, because you would like to keep a good relationship with your publisher. A video game lawyer can help you raise these points in an appropriate way, so that you can personally focus on the relationship with the publisher and making sure that the collaboration will be great.
An added advantage is that in case any feedback is not that well received by the publisher, you can always throw your video game lawyer under the bus. That service is also included in the applicable hourly rates!
Engaging a lawyer is important
There a several reasons to work with a video game lawyer, even if you believe that you can sufficiently read a contract. The right lawyer helps you protect your creative work, maintain fair terms, and keep publisher relationships strong. If you’re about to sign a deal, getting expert input early can make all the difference.
We recommend reading our article on the costs of engaging a lawyer in case you are curious about whether you are able to.