L3 gd contractual_061111_01

250 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
250
On SlideShare
0
From Embeds
0
Number of Embeds
40
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

L3 gd contractual_061111_01

  1. 1. BTec Level 3Extended Diploma in Creative Media Production – Games Design
  2. 2. BTec Level 3Extended Diploma in Creative Media Production – Games Design
  3. 3. BTec Level 3Extended Diploma in Creative Media Production – Games Design IP – Intellectual Property Mary is a recent graduate from a top notch game development program. She wants to bolster her design portfolio for the sake of her job hunt. To do this, she wants to build a team to develop a game concept she’s passionately yearned to create since her youth. The game charts the journey of Squea, an alien taking the form of a sweet, pink nosed, golden eyed white kitten.
  4. 4. BTec Level 3Extended Diploma in Creative Media Production – Games Design IP – Intellectual Property Squea seeks out the energy created through joy, which she then converts to charge her spaceship. “Joy points” are earned by finding and cheering up lonely and scared young boys and girls throughout the galaxy. Mary attracts a motley team of developers, including an odd artist cousin or two, but it’s clear to everyone that she is the driving force behind the operation.
  5. 5. BTec Level 3Extended Diploma in Creative Media Production – Games Design IP – Intellectual Property As the game nears completion Mary’s cousin, Emily, suggests they register the game with the Copyright Office. Mary doesn’t consider this a priority and forgets along the way. Additionally, she fails to include copyright notices on the game’s assets.
  6. 6. BTec Level 3Extended Diploma in Creative Media Production – Games Design IP – Intellectual Property Because Mary has full responsibility over all aspects of the project, no one else takes it upon themselves to override her. After submitting the game to several game competitions and receiving multiple awards, Mary’s team starts selling the game through digital PC channels.
  7. 7. BTec Level 3Extended Diploma in Creative Media Production – Games Design IP – Intellectual Property A year later, Emily finds an identical copy of the game ported for free to the Android Marketplace. Furious, she contacts Mary, who subsequently contacts an attorney. The attorney informs the team that although they still own the copyright in the game, their claim for damages may be substantially reduced due to a failure to register the game and a failure to include proper notice of ownership to potential infringers.
  8. 8. BTec Level 3Extended Diploma in Creative Media Production – Games Design IP – Intellectual Property Emily holds Mary responsible for the sudden dearth of legal remedies and a massive falling out ensues. Family affairs are now tense, and Mary (without consulting the rest of the team) pulls her game from the PC marketplaces. The rest of the team sues Mary, claiming ownership and equal rights to exploit the work.
  9. 9. BTec Level 3Extended Diploma in Creative Media Production – Games Design Gaming Contractual Issues Contracts and Agreements Describe and explain each of the following: Employment Development License NDA Collaboration
  10. 10. BTec Level 3Extended Diploma in Creative Media Production – Games Design Gaming Contractual Issues Employment Contracts The purpose of this contract is to set forth the terms of your employment - what the company expects you to do for the company, and what the company will do for you in return. Employment contracts at game companies are pretty much like employment contracts at any other sort of company. The game industry employment contract is likely to include clauses about benefits, confidentiality, about inventions, and about not competing with the company during or shortly after the term of employment.
  11. 11. BTec Level 3Extended Diploma in Creative Media Production – Games Design Gaming Contractual Issues Development Agreements Game publishers often hire game developers to create games for them. A development agreement is a contract that spells out the terms of the development deal. Terms - This part of the agreement spells out how much the publisher will pay the developer, what timeframe the developer has to develop the game, and if there will be royalties, what the royalty rate is. Ownership - Its important to clarify whether the publisher owns the IP or the developer owns it. Warranties - The developing company has to swear that it wont use anybody elses source code and the publishing company has to swear that it has the right to ask developer to create this particular game.
  12. 12. BTec Level 3Extended Diploma in Creative Media Production – Games Design Gaming Contractual Issues License Agreements When a publisher wants to make a game about a movie or something, the publisher and the movie IP owner execute a contract spelling out the terms of the license. Whats Being Licensed - The contract spells out exactly what the publisher is getting the rights to use. What The License Can Be Used For - The contract probably specifies that the publisher only has the right to make a game that works on the Xbox 360 and the Playstation 3. Territory - The contract specifies what parts of the world the publishers game will be published in. Publishers always want worldwide rights, of course - but licensors often charge more for that. Term - The contract probably doesnt run forever. Most license agreements run no more than 5 years.
  13. 13. BTec Level 3Extended Diploma in Creative Media Production – Games Design Gaming Contractual Issues NDA and Confidentiality Agreements Non-Disclosure Agreements, Disclosure Agreements, and Confidentiality Agreements are pretty much the same thing. One party, in order to do business with the other party, has to divulge (disclose) a secret of some kind (a plan to make a particular game, or a new technology or process for making games, or a business deal that hasnt yet been publicly announced), and has to tell this secret to the other party. The other party agrees not to disclose the information - to keep it confidential - else damage will be the result to the first party. In such an event, dire things will happen in a court of law to the second party.
  14. 14. BTec Level 3Extended Diploma in Creative Media Production – Games Design Gaming Contractual Issues Collaboration Agreements The above types of contracts cover the most frequent types of contract in the mainstream game industry. But a lot of people are building indie games or hobby games, and for those folks a very important need is an agreement that cover the all-important issues of ownership and compensation in the creation of games that exist outside of the mainstream industry. Games that might or might not ever generate any money. The majority of hobby and indie projects fail, and a huge factor in those failures is who owns what, whos supposed to do what, and whos going to get what. A collaboration agreement sets forth in clear terms how the indie or hobby project is managed and controlled, who owns the IP, how the game is intended to be used, how any possible income is to be handled, and how termination of the project is to be governed. http://www.sloperama.com/advice/article58.htm

×