Need to Have & Nice to Have: Videogame Law

The videogame industry is experiencing financial turmoil, with publishers and investors reluctant to put big money into games. This is far from the first time, however: In the past 25 years, economic downturns have impacted videogames four times.

But even in times like these, there are both legal “need-to-haves” and “nice-to-haves” that developers and studios would be wise to remember. We sat down with Lawyer.se-founder Tommy Persson, who has 26 years of experience in the videogame industry, to learn exactly what those “need-to-haves” and “nice-to-haves” are.

Need to have:

• Intellectual property Rights

Making sure it’s clear who owns what is key, Tommy said. Does everything created belong to the business, or does each creator own the rights to what they have created? By having this squared away now, you avoid a lot of potential trouble in the future.

• Own the rights of content created by consultants

“When you work with consultants, make sure that the rights of their work is transfered to you. What the programmer or the graphic designer does, you or the business owns,” Tommy said.

• Find creative ways to use the money you have

Even if the money isn’t flowing right now, that doesn’t mean your work must come to a stop. “If you don’t have the money to hire someone, maybe offer them a share of future sales?” Tommy suggested.

• If you self-publish, know the regulatory landscape, and have processes to adhere to the laws in your jurisdiction

Tommy said that understanding the regulations you have to abide by, like the EU’s GDPR, is crucial to avoid the risk of massive fines.

He added that any time you’re releasing a game, also make sure there are clear rules for how players may or may not conduct themselves while playing. That includes outlining when, for example, someone can be banned from your game, perhaps from cheating or harassment.

Nice to have:

• Third-party content

If you have a bit of extra money lying around, maybe find a popular song or voice actor that can make your game stand out, Tommy said. But make sure you have a solid licensing agreement!

• A publisher

If you can find a publisher for your game, that can take a lot of tasks off the table for you, including quality assurance, customer support, and managing personal data, among other things.