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    Contactual Contactual Presentation Transcript

    • BTec Level 3Extended Diploma in Creative Media Production – Games Design
    • BTec Level 3Extended Diploma in Creative Media Production – Games Design
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignIP – Intellectual PropertyMary is a recent graduate from a top notch gamedevelopment program. She wants to bolster her designportfolio for the sake of her job hunt. To do this, shewants to build a team to develop a game concept she’spassionately yearned to create since her youth. Thegame charts the journey of Squea, an alien taking theform of a sweet, pink nosed, golden eyed white kitten.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignIP – Intellectual PropertySquea seeks out the energy created through joy, whichshe then converts to charge her spaceship. “Joy points”are earned by finding and cheering up lonely and scaredyoung boys and girls throughout the galaxy. Maryattracts a motley team of developers, including an oddartist cousin or two, but it’s clear to everyone that sheis the driving force behind the operation.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignIP – Intellectual PropertyAs the game nears completion Mary’s cousin, Emily,suggests they register the game with the CopyrightOffice. Mary doesn’t consider this a priority and forgetsalong the way. Additionally, she fails to includecopyright notices on the game’s assets.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignIP – Intellectual PropertyBecause Mary has full responsibility over all aspects ofthe project, no one else takes it upon themselves tooverride her. After submitting the game to severalgame competitions and receiving multiple awards,Mary’s team starts selling the game through digital PCchannels.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignIP – Intellectual PropertyA year later, Emily finds an identical copy of the gameported for free to the Android Marketplace. Furious,she contacts Mary, who subsequently contacts anattorney. The attorney informs the team that althoughthey still own the copyright in the game, their claim fordamages may be substantially reduced due to a failureto register the game and a failure to include propernotice of ownership to potential infringers.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignIP – Intellectual PropertyEmily holds Mary responsible for the sudden dearth oflegal remedies and a massive falling out ensues. Familyaffairs are now tense, and Mary (without consulting therest of the team) pulls her game from the PCmarketplaces. The rest of the team sues Mary, claimingownership and equal rights to exploit the work.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignGaming Contractual IssuesContracts and AgreementsDescribe and explain each of the following:EmploymentDevelopmentLicenseNDACollaboration
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignGaming Contractual IssuesEmployment ContractsThe purpose of this contract is to set forth the terms of your employment - what thecompany expects you to do for the company, and what the company will do for youin return. Employment contracts at game companies are pretty much likeemployment contracts at any other sort of company. The game industryemployment contract is likely to include clauses about benefits, confidentiality,about inventions, and about not competing with the company during or shortlyafter the term of employment.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignGaming Contractual IssuesDevelopment AgreementsGame publishers often hire game developers to create games for them. Adevelopment agreement is a contract that spells out the terms of the developmentdeal.Terms - This part of the agreement spells out how much the publisher will pay thedeveloper, what timeframe the developer has to develop the game, and if there willbe royalties, what the royalty rate is.Ownership - Its important to clarify whether the publisher owns the IP or thedeveloper owns it.Warranties - The developing company has to swear that it wont use anybodyelses source code and the publishing company has to swear that it has the right toask developer to create this particular game.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignGaming Contractual IssuesLicense AgreementsWhen a publisher wants to make a game about a movie or something, thepublisher and the movie IP owner execute a contract spelling out the terms of thelicense.Whats Being Licensed - The contract spells out exactly what the publisher isgetting the rights to use.What The License Can Be Used For - The contract probably specifies that thepublisher only has the right to make a game that works on the Xbox 360 and thePlaystation 3.Territory - The contract specifies what parts of the world the publishers game willbe published in. Publishers always want worldwide rights, of course - but licensorsoften charge more for that.Term - The contract probably doesnt run forever. Most license agreements run nomore than 5 years.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignGaming Contractual IssuesNDA and Confidentiality AgreementsNon-Disclosure Agreements, Disclosure Agreements, and ConfidentialityAgreements are pretty much the same thing. One party, in order to do businesswith the other party, has to divulge (disclose) a secret of some kind (a plan to makea particular game, or a new technology or process for making games, or abusiness deal that hasnt yet been publicly announced), and has to tell this secretto the other party. The other party agrees not to disclose the information - to keep itconfidential - else damage will be the result to the first party. In such an event, direthings will happen in a court of law to the second party.
    • BTec Level 3Extended Diploma in Creative Media Production – Games DesignGaming Contractual IssuesCollaboration AgreementsThe above types of contracts cover the most frequent types of contract in themainstream game industry. But a lot of people are building indie games or hobbygames, and for those folks a very important need is an agreement that cover theall-important issues of ownership and compensation in the creation of games thatexist outside of the mainstream industry. Games that might or might not evergenerate any money. The majority of hobby and indie projects fail, and a hugefactor in those failures is who owns what, whos supposed to do what, and whosgoing to get what. A collaboration agreement sets forth in clear terms how the indieor hobby project is managed and controlled, who owns the IP, how the game isintended to be used, how any possible income is to be handled, and howtermination of the project is to be governed.http://www.sloperama.com/advice/article58.htm