Many people in the video game industry have read contracts before and feel hesitant to engage a video game lawyer when reviewing a publishing agreement. Perhaps you have dealt with freelance contracts, platform terms, or NDAs in the past. Or maybe, after reading our Game Developer’s Guide to Publishing Agreements, you feel confident enough to handle things yourself.
That confidence is understandable. At the same time, engaging a lawyer who specialises in video game publishing agreements can add significant value, even for developers who already have a solid understanding of how these contracts work. Below, we explain why.
Sometimes what is not written in a contract matters most
Contracts are often difficult to fully understand without legal training. Many developers are able to form a preliminary opinion based on what is included in the text. However, what is missing from a contract can be just as important, and is often easier to overlook.
Publishing agreements tend to be drafted by or on behalf of the publisher. As a result, they frequently focus on protecting the publisher’s interests, while leaving certain developer protections unaddressed. These omissions may only become relevant later, for example when revenue payments are delayed, marketing expectations are unclear, or the collaboration starts to deteriorate.
An experienced video game lawyer can help identify these gaps and and assess whether important safeguards are missing. A well-drafted agreement does not just describe what should happen when things go well, but also sets clear boundaries for publisher behavior when things do not go as expected.
A video game lawyer can provide tailored advice for your situation
There’s no shortage of general legal information online. Guides, articles, and templates can be very useful for building basic understanding. The problem is that this information is, by definition, generic.
Video game publishing agreements are highly context-dependent. What matters most in your contract depends on your studio, your game, and your long-term plans. For example:
- If you aim to build a long-running franchise, clauses on future games and exclusivity become particularly important.
- For a standalone title, those clauses may be less critical.
- Online or live-service games raise different legal issues than single-player narrative games.
- The risk profile of a small first-time studio differs from that of an experienced team with multiple releases.
Working with a video game lawyer allows you to prioritise the clauses that truly matter for your specific situation, rather than treating every provision as equally important.
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Market knowledge from frequent negotiations
Video game lawyers who regularly negotiate publishing agreements bring an additional layer of value: market awareness.
While lawyers are bound by confidentiality, they develop a strong sense of what is common, what is negotiable, and where publishers are usually willing to compromise. This makes it easier to assess whether a proposed deal is broadly in line with industry standards, or whether certain terms are unusually restrictive.
In our own practice, we negotiate publishing deals on a weekly basis. In some cases, we have worked with the same publisher before. That experience helps us anticipate which points are negotiable and how best to approach them. That insight can give you a strategic edge.
Issues raised by lawyers are often taken more seriously
In theory, it should not matter who raises a concern during negotiations. In practice, it often does.
Issues raised by a lawyer are sometimes treated with more weight than the same concerns raised directly by a developer. Having legal representation ensures that your concerns are presented with the authority they deserve.
This does not mean that negotiations become hostile or adversarial. On the contrary, clarity early on often prevents misunderstandings later.
The “good cop / bad cop” advantage
Engaging a video game lawyer can also help preserve the relationship with your future publisher.
Raising concerns about a contract can feel uncomfortable, especially when you want to start the collaboration with your publisher on a positive note. A video game lawyer can act as an intermediary, allowing you to focus on the creative and collaborative aspects of the relationship while contractual issues are handled professionally.
And, if certain points are not particularly well received, 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 are several reasons to work with a video game lawyer, even if you believe you can read and understand a contract yourself. The right lawyer helps you protect your creative work, maintain fair and workable terms, and keep publisher relationships strong.
If you are about to sign a publishing agreement, getting expert input early can make a significant difference. Not just legally, but also for the long-term health of your studio.
If you are wondering whether this is financially feasible, you may also want to read our article on how much a lawyer for a publishing agreement costs.
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