Resources & Guides
Deviant Legal aims to democratize access to legal knowledge for the games industry, because legal should be understandable. That is why we develop free guides to help you understand the basics of certain aspects of the law relevant to video games.
The Game Developer’s Guide to Publishing Agreements
Getting a publishing offer can feel like a dream come true, but the fine print matters. This series of guide articles breaks down the most common clauses in video game publishing agreements, explaining what they mean and what to watch out for.
Authored by award-winning game lawyer René Otto, who has negotiated hundreds of publishing contracts, the guide helps (indie) developers make sense of legal jargon and secure fair deals with their publishers.
Topics covered in this series:
The short form and long form agreement
The short and long form define how a publishing deal begins. Understand how early agreements shape your negotiation position and what risks come with signing too soon.
The License to the Video Game
The license clause decides what rights you give your publisher—and what you keep. A small detail here can determine who truly controls your game.
Milestone schedules & Advance payments
Milestones control how and when you get paid. This guide explains how payment structures affect your cash flow and what to do if a milestone is rejected.
Royalties, net revenue & recoup
Royalties define how developers get paid for their games. This guide explains how revenue is shared, what “recoup” really means, and why wording matters for your payout.
The Audit Clause
The audit clause lets developers verify whether publishers are paying royalties correctly. Learn why this clause is your main safeguard for transparency and fair compensation.
Key Personnel Clause
Publishers invest in teams, not just games. This clause defines which team members must stay on the project—and what happens if key developers leave.
Third Party Software & Engines
Many games rely on third-party tools and engines like Unreal or Godot. This clause clarifies how their licenses affect your publishing deal and who covers the costs.
Marketing Obligations of the Publisher
A great game still needs visibility. This guide explains what marketing commitments you can expect from your publisher—and how to ensure your game gets the attention it deserves.
Intellectual Property Rights
Your game’s IP is its most valuable asset. This guide explains how publishing agreements handle ownership, rights transfers, and how to protect your creative control.
Future Games & Exclusivity
Some contracts limit what you can create next. Learn how clauses on sequels, spin-offs, and exclusivity can impact your studio’s freedom to develop future games.
Consequences of Termination
When a publishing deal ends, what happens to your game, store pages, and funding? This guide covers how termination clauses shape your rights after a breakup.
Bug Fixing, Tech Support & SLAs
Launch day is only the beginning. This guide explains who handles post-release bugs, support duties, and how service level agreements can affect your workload and payments.
Representations, Warranties & Indemnification
These clauses decide who carries the risk when legal issues arise. Understand what guarantees you’re giving your publisher—and how to avoid unlimited liability.
The Legal Video Game Publishing Dictionary
Confused by legal jargon? This glossary breaks down the most common terms in video game publishing agreements—so you can read contracts with confidence.
Featured Guides
Why you should engage a lawyer for your video game publishing agreement
Even experienced developers can overlook critical details in contracts. A video game lawyer spots what’s missing, ensures fair terms, and helps you negotiate confidently without damaging your relationship with the publisher.
