Heads of Agreement for Games Publishing

Out-Law Guide | 02 May 2005 | 3:02 pm |

This was last updated in June 2009.

1. The game

1.1 Version

  • e.g. PAL

1.2 Platform

  • e.g. PSX, PSX2, PC etc

1.3 Languages

  • clarify whether the publisher will pay for translation costs for speech, text, etc.

1.4 Title

1.5 Game design/concept document

  • refer to a schedule

2. Payment

2.1 Advances

  • table of advances will be set out against milestones and dates

2.2 Method of payment

  • method of payment will be set out in the schedule

2.3 Royalties

  • decide on the frequency of payment and the level of royalty. Deal with the issue of cross-collateralisation

3. Publisher obligations

3.1 Deliverables

  • development kits, development tools
  • acquiring third party licences

3.2 Marketing

  • level of marketing to be agreed

4. Intellectual Property

4.1 Licence

  • extent of licence

4.2 Assignation

  • whether to transfer ownership of intellectual property rights and to what extent

4.3 Sequels

  • right of first refusal
  • ownership of brand in game

5. Termination

  • decide upon the circumstances in which each party can terminate
  • period of notice
  • decide what is to happen to payments made and intellectual property rights on termination.

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