IP: Joint ownership (What happens if you don’t work out IP ownership?)

Game Developer Business & Legal Guide: Run an Indie Studio

Getting to Know Your Instructor

Who am I? What's my background? (1:40)
Written Disclaimer: PLEASE READ BEFORE CONTINUING

Problems All Creative Professionals Encounter

Do I need a written contract with my client? (9:14)
What should I do if someone refuses to pay me? (19:27)
What if a client refuses to sign a contract? (3:39)
TEST: Problems All Creative Professionals Encounter
Test Answers: Problems All Creative Professionals Encounter
Written Transcript: Problems All Creative Professionals Encounter

Episode One: Non-disclosure Agreements

Nondisclosure Agreements - Part 1 (5:23)
Nondisclosure Agreements - Part 2 (3:54)
Nondisclosure Agreements - Part 3 (4:04)

TEMPLATES: Nondisclosure Agreements

IMPORTANT: Please read this before viewing templates
Confidentiality Agreement (One-sided)
Mutual Nondisclosure Agreement

Interview: Chris Avellone - Chief Creative Officer of Obsidian

What does the Chief Creative Officer of Obsidian do (3:48)
What is the Obsidian design test for potential employees like (1:50)
Warning signs of a struggling game development studio (Black Isle Studio) (6:08)
On the process for starting game development studio like Obsidian (3:56)
Drawbacks to making new IP for game development studios (2:23)
How publishers choose to work with outside developers (1:29)
Working with publishers as an independent game developer (4:46)
Disadvantages of working at a mid-sized game studio (2:28)
What are the difficulties of running a mid-sized game development studio (3:40)
Advantages of crowdfunding (Kickstarter) over traditional game publishers (3:28)
Why has the games industry moved away from PC only products? (2:23)
DOs and DON'Ts for indie game development startup companies (3:14)
Outtakes from the LAGD interview with Chris Avellone (1:30)

REAL WORLD EXAMPLES: Production-Related Game Development Agreements

Kitara Media 5.18.11

REAL WORLD EXAMPLES: Other Non-Production Related Game Agreements

Ascend Acquisition Corp - Business Development deal w/United Talent Agency (UTA)
Aptus Games 6.8.08 - licensed game based on Survivor TV show
IndiePub Ent 5.10.10 - studio hiring a business development consultant
Internet Holdings 12.10.13 - Partnership between 2 studios in different markets
Kitara Media 3.6.12 - Exclusive advertising arrangement with Tapjoy
Kitara Media 6.18.12 - Partnering with biz dev consultant to bring branded games
Red Mile Ent 5.23.07 - Creating licensed games based on the Sin City movie

REAL WORLD EXAMPLES: Agreements w/Major Traditional Publishers

IndiePub Ent 12.18.08 - Nintendo DS license agreement with Nintendo
Mad Catz 3.5.15 - Hardware / Software partnership for Rock Band 4 controllers
Red Mile Ent - American distribution rights for Ubisoft (France) games

Preventing Legal Issues Before They Happen

The value of kindness, empathy, and good business practices (6:09)
The value of communication (11:37)
Understanding that no-one really "wins" in a lawsuit (6:44)
TEST: Preventing Legal Issues Before They Happen
Test Answers: Preventing Legal Issues before they happen
Written Transcript: Preventing Legal Issues Before They Happen

Episode Two: Independent Contractors

Hiring Help and Independent Contractor Agreements - Part 1 (7:14)
Hiring Help and Independent Contractor Agreements - Part 2 (4:00)

Interview: Gabe Newell - Co-founder of Valve

Why Valve decided to remake Half-Life after a year of development (5:12)
Game developers should collaborate with customers and give up control (3:25)
How Half-Life Episodes and other distribution models create value for consumers (7:30)
You may have a legal "right" to do something but it doesn't mean you should (6:01)
Is the way Valve organizes its employees a model that other indies can follow (1:36)
On the importance of treating employees well and avoiding crunch time (5:22)
The cons of Valve's loose organizational structure (3:46)
The importance of working with people you like and trust (0:47)
Valve's original vision for Steam as a new game distribution model (3:34)
Why open platforms tend to overtake vertical platforms and proprietary systems (6:31)
Why all the hats in Team Fortress (Adding value with user-generated content) (2:06)
Why Valve's employees organized without managers and titles (1:27)
Pinkie Pie is the best pony - LAGD interview blooper (0:09)

Episode Three: Trademarks

Trademarks and Naming Your Game - Part 1 (7:18)
Trademarks and Naming Your Game - Part 2 (6:15)
Trademarks and Naming Your Game - Part 3 (4:47)

Game Developers: Knowing The Law Can Save You Time and Money

Avoid lawsuits by knowing the laws you need to comply with (3:01)
Use contracts to minimize the time you spend on revisions (2:01)
Know the law to add value to your client's work (1:56)
Save time by creating "standard business terms" in your contracts (1:51)
Knowing the law will build stronger client relationships (2:57)
Test: Knowing the law can save you time and money
Test Answers: Knowing the law can save you time and money
Written Transcript: Knowing The Law Will Make You Money & Save You Time

Interview: Edmund McMillen - Game designer & co-CEO of Team Meat

Should beginning game developers learn Flash (3:22)
The slow process of becomming successful as a game developer (2:30)
How Flash game sponsorships work and how to get them (4:00)
The problem with relying on cloned concepts for indie game developers (3:38)
Originality and the need for self-promotion (7:46)
Tips on when to formally organize your game development business (2:03)
Tips for when indie game developers should consider making merchandise (6:06)
General tips for new game developers (2:32)

Working With Lawyers as a Game Developer

General (1:29)
"General practice firms" versus "small, boutique firms" (1:33)
What "practice areas" should your lawyer be knowledgeable of? (12:05)
Avoid being upsold on services that you don't need (3:15)
Understanding research costs (2:38)
Flat fees versus hourly rates and asking for discounts (8:04)
Know when you may need a professional's help (2:50)
Test: Working with Lawyers as Game Developers
Test Answers: Working with lawyers as a Game Developer
Written Transcript: Working With Lawyers as a Game Developer

Interview: Jordan Weisman - CEO at Harebrained Schemes LLC

Designing game worlds that can work across mediums and platforms (3:07)
Designing game worlds with lasting influence (2:53)
On starting new game companies when people don't believe in your vision (4:37)
The process of licensing game IP from another company (3:38)
Tips for game developers when licensing their IP to other companies (6:01)
Differences in working at small, mid-sized, and large game companies (4:43)
General tips for startup game development companies (2:04)

So You Want To Be A Game Dev Student? - Robin-Yann Storm

So You Want To Be A Game Dev Student? - part 1 (8:00)
So You Want To Be A Game Dev Student? - part 2 (8:00)
So You Want To Be A Game Dev Student? - part 3 (8:02)
So You Want To Be A Game Dev Student? - part 4 (4:26)

Conclusion. Course wrap up, bonus lectures, and opportunities.

Bonus lecture: Get discounts on other Udemy courses I am teaching
Bonus lecture: Discounts because of my partnership with Knowledge Base
Ways you can get more help
Disclaimer - No attorney / client relationship between us (3:16)

OPTIONAL BONUS: Five Legal Tips For Game Developers

Work out the business details: make sure everyone agrees (3:48)
Describing the most important "business details" that you need to work out (8:10)
Business Details: Determine the division of power (2:07)
Details: Anytime something changes, get everyone to reconfirm their agreement (3:24)
Business Details: Don’t make enemies by cutting corners (1:22)
Avoid confusion with your game name and existing names (3:27)
Is your game "company" a real company (or a "general partnership") (6:04)
Transfer ownership of intellectual property in writing (4:14)
IP: Joint ownership (What happens if you don’t work out IP ownership?) (2:47)
Why you’re in a much better AND much worse position than you think you’re in (4:52)

BONUS: The Linux Game Industry - Ryan C. Gordon

The Linux Game Industry - part 1 (10:02)
The Linux Game Industry - part 2 (10:02)
The Linux Game Industry - part 3 (10:02)
The Linux Game Industry - part 4 (10:02)
The Linux Game Industry - part 5 (10:02)
The Linux Game Industry - part 6 (1:32)

Advice to Running a Game Kickstarter of Your Own - Chris Avellone

Advice to Running a Kickstarter of Your Own - part 1 (10:00)
Advice to Running a Kickstarter of Your Own - part 2 (10:00)
Advice to Running a Kickstarter of Your Own - part 3 (10:00)
Advice to Running a Kickstarter of Your Own - part 4 (10:00)
Advice to Running a Kickstarter of Your Own - part 5 (10:00)
Advice to Running a Kickstarter of Your Own - part 6 (4:15)

BONUS INTERVIEW: Peer Schneider - Co-founder of IGN / Games Journalist

What does the Senior Vice President of Content at IGN do (3:56)
How IGN spots new indie games and decides which ones to review (4:54)
New business models- DLC, in-app purchases, and free-to-play (3:03)
Responding to game reviews being tainted by publisher advertising money (6:41)
Effect game reviews have on sales & developer relationships with publishers (5:06)

BONUS INTERVIEW: Adrian Hon - Creator of Zombies, Run!

Benefits and drawbacks of original concepts and IP when crowdfunding a game (7:55)
Business considerations with alternate reality game (ARG) design (4:56)
How crowdfunding compares to the traditional pitching process (2:01)
How he became a game developer working on alternate reality games (ARGs) (5:55)
Designing/selling an alternate reality game at a venture capital funded company (6:48)
Where does the extra money in a game Kickstarter go (1:11)

Ten Tips to Start your Indie Company Today - JP van Seventer

Ten Tips to Start your Indie Company Today - part 1 (6:00)
Ten Tips to Start your Indie Company Today - part 2 (6:00)
Ten Tips to Start your Indie Company Today - part 3 (6:00)
Ten Tips to Start your Indie Company Today - part 4 (4:42)

BONUS INTERVIEW: Naomi Alderman - Video game writer & Co-creator of Zombies, Run

Introduction and pressures investors put on the game developers (4:24)
How an email signature led to a career in games writing (4:07)
How does video game writing differ from novel writing (3:44)
What is it like as a game writer working on an ARG (Alternate Reality Game) (5:18)
When do game writers typically enter the development process (2:24)
How should game writers deal with uncertainties that they have no control over (3:25)
Putting together a game writing team you want to work with (2:15)
Outtakes from the LAGD interview with Naomi Alderman (game writer and novelist) (1:19)

BONUS INTERVIEW: Chris Plante - Gaming journalist and Editor at Polygon

How does a gaming website Editor establish credibility (2:52)
How important is media attention to a game's success (3:08)
The new focus on feminism and diversity in gaming journalism (2:28)
Tips for indie game developers for getting reviews and media attention (4:40)
Why AAA titles tend to get high scores and advertising skewing reviews (2:46)
The 24 hour news cycle in gaming blowing issues out of proportion (1:28)

APPENDIX: Free Game Music: HalcyonicFalconX

HalcyonicFalconX License
Sample - Heroes March (Extended)(LQ)
Audio Sample - Raindrops of a Dream
Audio Sample - The Frozen Journey

APPENDIX: Free Game Music: NutcaseNightmare

NutcaseNightmare Public Domain License
Audio Sample - And Now For That Massive Coronary
Audio Sample - Countdown to Myocardial Infarction
Audio Sample - No Rocking in the Jazzhands Zone

APPENDIX: Free Game Music: Stratkat

Stratkat Public Domain Dedication
Audio Sample - Chaotic Filth (loop)
Daydream Anatomy - 8-Bit Heroes - 01 Combat
8-Bit Heroes - 06 Dragon Slayer
Daydream Anatomy - 06 31337
Audio Sample - Dramatic Metal Entrance (loop)

APPENDIX: Free Game Art: Pixel Tower Defense

Pixel Tower Defense Art Public Domain Dedication

APPENDIX: Free Game Art: Turn Based Game

Turned Based Game Art Public Domain Dedication

APPENDIX: Free Game Art: Platformer Pack

Platformer Pack Public Domain Dedication

APPENDIX: Free Game Art: Flash Assets for 3 Games

Flash Assets for Three Games Public Domain Dedication

APPENDIX: Common Game Engine License Agreements

Unity Pro and Personal 5.19.15
Torque 2D_3D 5.27.15
Unreal Engine EULA 5.19.15
RPG Maker 5.27.15

IP: Joint ownership (What happens if you don’t work out IP ownership?)

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