SigninG a Publishing Contract

BASICs - ANNOTATED CONTRACT - Work For Hire - ATTORNEYS & TTGDA REVIEW

4. INPUT on the final product

Working with a publisher can involve a lot more than collecting royalty checks. Many publishers will make significant changes to your game as they get it ready for publication. Talk with them up front about how involved (or uninvolved) you want to be in that process, and whether they are willing to accommodate that.

The publisher will want final say on the look and content of your game -- they are the ones taking on financial risk here. But you can put some protections in writing so that the publisher can’t send the game to print without you weighing in. A section on your desired level of input might start with something like this:

The Contracting Parties shall strive to achieve constructive cooperation during the development phase. PUBLISHER will have final control over all matters involving the manufacture and sale of GAME. PUBLISHER will consult with DESIGNER on the name, theme, characters, artwork, and rules for the product, and will use good faith efforts to address any comments or concerns of DESIGNER.

The clauses in the following subsections could be added to this overarching statement as examples of the consultation that you are asking for. These include:

A. Development of game content, mechanics and theme

B. Art and graphic design

C. Inclusivity and sensitivity

D. Use of generative AI

E. Credits

Next >