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Game contracts that protect the project, IP and revenue

Developing a game with a publisher, investor, team or subcontractors? We help structure and negotiate contracts that support production, protect rights in the project and preserve control over key decisions.

Book a contract consultation

In game development, a poor contract rarely causes immediate pain. Problems usually emerge when the project begins to acquire value.

At the outset of a collaboration, pace, budget and production may seem paramount. But when a publisher, investor or subcontractors become involved, or delays or a revenue dispute arise, the contract determines who controls the project, IP and money.

“A sound game-production contract is not a formality. It is a tool for managing the project, risk and the business relationship.”

We translate production and commercial arrangements into specific contractual provisions. We clarify roles, rights, milestones, remuneration, liability and the mechanisms that apply when the project changes. This ensures that the contract supports production and gives the team clear ground rules.

Mateusz Sawaryn

Managing Partner Counsel

COMMON PROBLEMS AND CHALLENGES

The most common problems we solve

Where does risk most often arise?
Unclear allocation of rights in the game and its IP Code, assets, music, storyline, brand, ports and add-ons can each become a source of dispute unless the rights are clearly allocated and effectively transferred.

We establish a clear chain of title to IP throughout the production process, from the team and freelancers to the publisher, investor or technology partner. The result is greater control over the project, its commercialisation and further development. Failing to act may cause problems with releasing the game, selling rights, securing investment or monetising the project.

The publisher or investor agreement is negotiated from a weaker position A publisher or investor will often present its own draft, risk model and approach to control. The studio needs to know which provisions are standard, which are negotiable and which may restrict the project’s development.

We support the client with contract analysis, strategy and negotiations. We identify risk areas, propose alternative provisions and help protect the studio’s interests. The commercial benefit is a stronger position in discussions concerning IP, revenue share, milestones, acceptance and liability. Without support, it is easy to sign a contract that appears sound but gives away too much control.

Milestones, acceptance and liability are defined too broadly In game production, “complete”, “accepted” and “as agreed” may mean something different to each party. This is a direct route to disputes, delays and withheld payments.

We structure milestone, acceptance, revision, approval and liability mechanisms so that they work in practice. The team knows what it must deliver, when, to what standard and what happens if the scope changes. Without these rules, the risk of disputes, cash-flow problems and protracted acceptance increases.

The remuneration model does not protect margins or future revenue Fees, revenue share, bonuses, recoupment, advances, marketing costs, porting and DLC may make a financial model look attractive on a slide while producing unfavourable results under the contract.

We help design and assess the remuneration model against actual cash flows, risks and the project’s future value. The result is greater financial predictability and a lower risk of margin erosion. Failing to act may leave the studio bearing the production risk without a proportionate share of the project’s upside.

The project is growing faster than its contract framework A few simple arrangements may be enough at first. Then freelancers, outsourcing, porting, localisation, a technology partner, an investor or a second project are added. Without a consistent contractual framework, risk begins to accumulate.

We create a structured set of contracts and mechanisms that can be used as the production model grows. The commercial benefit is less disruption, faster decisions and a repeatable standard for collaboration. Without action, each new partner increases the risk of inconsistencies, disputes and gaps in the chain of title.

No mechanisms for addressing changes, delays and disputes Change is inherent in game development. Problems arise when the contract does not specify what happens in the event of delay, a change in scope, withheld acceptance, a dispute or termination of the relationship.

We draft provisions governing changes, escalation, renegotiation, liability and exit from the relationship. This gives the client a defined procedure instead of forcing it to improvise under pressure. Without these mechanisms, a production delay can quickly become a commercial and legal dispute.

OUR SOLUTION

What you receive

We combine legal, contractual and negotiation support. We first understand the production model and relationships between the parties, then translate them into contracts that are clear, consistent and ready for use in a live project.

Game Deal & Contract Support

We combine legal, contractual and negotiation support. We first understand the production model and relationships between the parties, then translate them into contracts that are clear, consistent and ready for use in a live project.

Analysis of the collaboration model

  • identifying the parties involved in the project,
  • analysing roles, responsibilities and decision-making flows,
  • assessing key contractual risks,
  • identifying matters that must be secured before the contract is signed.

A collaboration map and list of critical contractual decisions.

Project contract structure

  • determining which contracts are required,
  • structuring relationships between the studio, publisher, investor, team and subcontractors,
  • designing the document framework,
  • identifying dependencies between IP, milestones, remuneration and liability.

A recommended contract structure for the project or studio.

Drafting and reviewing contracts

  • production agreements,
  • publishing agreements,
  • agreements with subcontractors and freelancers,
  • game co-development agreements,
  • amendments, term sheets, letters of intent and key operational schedules.

Contracts ready for signature or reviewed contracts accompanied by recommended amendments.

Protecting IP rights

  • rights in code, assets, music, storyline and brand,
  • assignments of copyright or licences,
  • rights in ports, DLC, sequels and further commercialisation,
  • consistent chain of title across relationships with the team, freelancers, publisher and investor.

Provisions preserving control over IP and the ability to develop the project further.

Milestones, acceptance and schedules

  • defining production stages,
  • acceptance and revision procedures,
  • linking milestones to payments,
  • mechanisms for addressing delays and scope changes.

A contractual mechanism for managing production, acceptance and payments.

Remuneration models and revenue share

  • analysing fees, revenue share, bonuses and recoupment,
  • assessing the model’s impact on margins and future revenue,
  • securing reporting and settlement rules,
  • negotiating financial provisions with the counterparty.

A remuneration model expressed in the contract in clear, quantifiable and enforceable terms.

Negotiation support

  • preparing a negotiation strategy,
  • identifying critical and negotiable provisions,
  • participating in discussions with the publisher, investor or partner,
  • preparing counterproposals and commercial and legal arguments.

A stronger negotiating position and greater control over the final terms of the contract.

WHO THIS SERVICE IS FOR

For teams that want to develop a game without contractual chaos

This service is for organisations involved in producing, financing, publishing or scaling a game-development project that need clear rules for collaboration.

Producer / Head of Production

needs to structure milestones, acceptance, liability and collaboration with the team and subcontractors.

Business Development Manager / Legal Counsel

analyses collaboration models with publishers, investors and partners and recommends secure contract terms.

Founder / CEO of a game studio

decides whether to sign a contract affecting IP, revenue, control over the project and the company’s future value.

ENGAGEMENT STAGES

How we work together

Our process ensures that the client quickly understands where the risks lie, what should be negotiated and which documents are required to protect the project.

Assess the project and map collaboration

We review the project, production participants, current arrangements, contract drafts and key risks.

Design the contract structure

We set the collaboration framework: roles, responsibilities, IP, milestones, acceptance, compensation, changes and termination.

Documents and negotiations

We draft, review or revise documents and support discussions with a publisher, investor, partner or development team.

Finalize and implement

We bring the documents to signature-ready form and explain how to apply the key mechanisms in practice.

Schedule a contract consultation.

CONTACT US

Before signing, make sure the contract genuinely protects the project

A single imprecise clause may determine ownership of IP, payment of remuneration, control over milestones or the studio’s position in its relationship with the publisher.

In the form, briefly describe the project stage, the party with whom you are negotiating and whether you already have a draft document. We will explain how we can help and where best to begin.

Mateusz Sawaryn

They will follow up with any questions or recommend a next step.

Quick response

We usually respond within two hours on business days.

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