SigninG a Publishing Contract
7b. Mechanics and content developed after signing Your Game
At the time that you sign your game, it can be hard to predict how much it will change before it goes to print. Some publishers put in a significant amount of work on developing the rules of the game, or creating additional content. As the designer, you may also have input into this development process, making it difficult in the end to determine exactly what parts of your game were due to your work versus the work of the publisher.
The simplest solution, and most favorable to the designer, is to include a clause that says that the game rules and content all revert to you, even if some of that content includes contributions by the publisher or third parties hired by the publisher.
During the process of readying GAME for publication, DESIGNER and PUBLISHER will try various gameplay directions. If the Agreement is terminated, DESIGNER can freely utilize any gameplay development created by either party between the Effective Date and such a termination.
In contrast, clauses like this one would make it difficult to meaningfully get your rights back to a game that changed in development:
DESIGNER agrees that PUBLISHER will own all copyright, trademark, and/or patent rights connected to any portion of GAME that PUBLISHER creates or causes to be created in furtherance of the commercial publication of GAME including but not limited to: (a) artwork; (b) characters, places, objects, creatures, deities, forces of nature, maps, stories, descriptions of magical or technological powers, items or effects therefrom; (c) game components including: rules; systems; game mechanics and their embodiment or expression; icons; component layout; and graphic design.
