The document details the top 10 legal mistakes game developers make, emphasizing the importance of contracts, intellectual property law, and data privacy. It argues that misconceptions about legal matters can harm studios and offers practical tips for navigating these challenges. The author, a digital entertainment lawyer, stresses the need for proactive legal understanding and relationships for game developers.

1. Top 10 game dev legal
mistakes (in 20 minutes)
Jas Purewal
Rezzed, 12 March 2015

2. What we’ll discuss
2
1. The top 10 game dev legal mistakes
2. Why you shouldn’t do them
3. How not to do them
4. Seriously, don’t
5. Bye!

3. About me
3
I’m a video games and digital entertainment
lawyer. 10 years in the City of London and
Silicon Valley, then founded a digital
entertainment law firm, Purewal & Partners, in
London in 2014.
We help games studios and video games
businesses with things like: contracts
negotiation, intellectual property, employment,
regulation, financing and dispute resolution.
I also write www.gamerlaw.co.uk.
Not me

4. Clients
4

5. 1: Contracts are a waste of time
Why devs might think so:
Contracts are complicated and are full of
things only lawyers might understand.
Why that’s a mistake:
• A contract is just a document explaining
what both sides get.
• It’s your best chance to make sure you
get what your studio needs but doesn’t
give too much away.
Tip: use contracts whenever possible. Get a
working understanding of them. Ask other
devs and lawyers about them.

6. 2: IP law is evil
Why devs might think so:
“IP law is for big evil publishers to stomp on
little studios”.
Why that’s a mistake:
• Legally, a game is made of IP rights.
• Sure, it can be abused, but it’s your best
shot at protecting your business in all
sorts of ways.
Tip: get a working understanding of what IP
law in games actually is, rather than just
what the Internet thinks it is.

7. 3: T&Cs are pointless
Why devs might think so:
“Everyone just ticks the box and ignores it.”
Why that’s a mistake:
• T&Cs are your way to tell your users
what’s OK and what’s not.
• It helps protect your business and
communicate with your users.
• Still legally effective if not fully read!
Tip: there is no earthly reason not to have
T&Cs. They don’t have to be stuffed full of
legalese, but they should exist.

8. 4: Data privacy: not a dev problem
Why devs might think so:
“Our games don’t collect on any data!”
Why that’s a mistake:
• All studios do.
• Regulators in UK/US/EU are actively
looking at games studios’ use of data.
Tip: get a privacy policy and cookie policy.
Register with local data privacy regulator (if
applicable). “Privacy by design”.

9. 5: Founders never fall out
Why devs might think so:
“I built a studio with my mates, we’re cool.”
Why that’s a mistake:
• People fall out. It happens.
• The worst thing you can do is build a
company without setting some ground
rules down in writing first.
Tip: get a good shareholders agreement.
Think about shareholdings properly (and
unemotionally). Keep this under review as
the company grows.

10. 6: Employees, contractors,
so what?
Why devs might think so:
“Employment law is for big studios.”
Why that’s a mistake:
• Contractors own IP in their work.
Contractors could be employees in fact.
• Employment law raises serious tax and
admin issues – not to be ignored.
Tip: get good template employment and
contractor agreements. Employment law
applies to even the smallest of indies.

11. 7: Age ratings are irrelevant
Why devs might think so:
“I don’t use them, so who cares?”
Why that’s a mistake:
• Formal age ratings are still needed on
console and PC physical releases.
• They are a real issue in important
markets like Germany and Australia.
• Parents and regulators still rely on them.
Tip: know when you actually need them and
when you don’t.

12. 8: Tax breaks aren’t worth it
Why devs might think so:
“It’s just loads of paperwork for nothing”.
Why that’s a mistake:
• Tax breaks themselves effectively
subsidise development (e.g. UK GTR:
>20% of qualifying dev costs).
• They could be used to unlock wider
equity/project funding.
Tip: have a chat with your accountant and
lawyer – is there free money on the table?

13. 9: F2P isn’t regulated
Why devs might think so:
“Apple hasn’t told us to change anything”.
Why that’s a mistake:
• Not just a platform problem – it’s yours.
• F2P regulation, especially in UK/EU, is a
growing issue for devs.
• You can’t just create any F2P mechanic
you like – there are rules in place now.
Tip: get an understanding of UK F2P
principles. Talk to a games lawyer during dev.

14. 10: Lawyers can’t help game devs
Why devs might think so:
“Expensive and they don’t get games.”
Why that’s a mistake:
• Find the right lawyer. Purewal & Partners,
Osborne Clarke, Sheridans, Harbottles –
all good UK/EU law firms.
• A good lawyer is also a business advisor
and a walking contact list.
Tip: find a games lawyer and build a long-
term relationship with him/her.

15. Thanks! AMA?
15
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E: jas@purewalandpartners.com
W: www.purewalandpartners.com
T: @gamerlaw
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