Game Law: So, What’s the Dealio?
Anything involving the business side of game development interests me. I like to be well informed of the inner workings of the industry. That’s why when veteran lawyer Buscaglia discusses how developers should work with publishers on a contract - urging active, intelligent negotiation at all times - I take notes. I want to grow my studio… not have a bad deal with a publisher suffocate it out of existance. Here is Buscaglia’s full article regarding publisher / developer deals and how developers should “deal” with them:
The proper negotiation of a contract is a process that is too often ignored by developers, especially those eager to get a deal. I suspect that part of the reason for this is that the stereotypical game maker neither likes nor enjoys the process.
The harsh reality is that many, if not most, publishers are so used to developers being passive about the negotiation process that they have become arrogant and unwilling to actually engage in a meaningful negotiation dialog with developers.
Instead, they too often become rigid and inflexible when it comes to their contract negotiations. And I suppose this attitude comes in part from, among others, the following factors:
- An overwhelming financial advantage held by publishers in the relationship
- Publisher risk aversion
- The perception, at least, that there are more developers than deals
- A failure by developers to have or communicate a long term vision for their studio
- A lack of appreciation of the “process” of contract negotiation
- Developer fear, rather than appreciation, of being exploited
These factors are certainly not present in every deal dynamic, nor do they apply to every publisher or developer.
Moreover, with the vast array of innovative approaches to succeeding in the industry, even the traditional developer-publisher model is hardly a standard for the way we do business.
However, there may be some value to just accepting the stereotyping for the moment and proceeding with the discussion to see where it takes us and what we can learn in the process… so, shall we proceed?