SigninG a Publishing Contract

1D. Products COVERED (and NOT COVERED)

Contracts vary widely on how they outline the products covered by your licensing agreement. It is best to be as clear as possible both on what is covered, and what royalty rate applies to each covered category. (We talk about royalties in Section 2.) 


Categories to consider

The following language would be a very inclusive set of categories. All but #1 (the game itself) could be left out of the license if you want to reserve the right to negotiate separate agreements later, as needed.

In consideration of the payment by PUBLISHER of the Royalties as described in Section x, for the term of this Agreement DESIGNER grants to PUBLISHER all rights to the following: 

  1. Non-electronic versions of GAME;
  2. Electronic versions of GAME, including but not limited to those intended for use on desktop computers, mobile devices, tablets, home game consoles, media players, streamed over the internet, and similar mediums;
  3. Add-on items designed to be used with GAME, including but not limited to miniatures, player mats, and other upgraded components;
  4. Promotional items designed and produced to promote and sell GAME, including but not limited to clothing, buttons, plush, dice, posters and pins;
  5. Other Media, including but not limited to books, newspapers, magazines, graphic novels & comics, television series and movies.

When considering whether to include a category or not, look at what the publisher currently does with their games. If they never create promotional items like clothing (#4), do they need those rights in this contract? Spin-off books and movies (#5) are rare, but have happened. Do you want to negotiate your royalties for them now, or when you have a hit game?


Reservation of Rights

A basic reservation of rights clause states that if a right has not been specifically granted by the contract, then the designer has retained that right. This can allow you to negotiate separate terms if, say, some new technology emerges. 

DESIGNER retains all rights and title in and to GAME, subject only to the rights specifically granted to PUBLISHER under this Agreement.

If you are not granting your publisher rights to the full list of products above, you might also want to explicitly list them as rights that you are retaining.


Reserving rights to train Generative AI

The Authors Guild has added this text to its model contract (we have modified slightly to make it fit games). Game designers might want to consider something similar. 

For avoidance of doubt, DESIGNER reserves the rights, and PUBLISHER has no rights to, reproduce and/or otherwise use GAME in any manner for purposes of training artificial intelligence technologies, unless PUBLISHER obtains DESIGNER's specific and express permission to do so. Nor does PUBLISHER have the right to sublicense others to reproduce and/or otherwise use GAME in any manner for purposes of training artificial intelligence technologies without DESIGNER's specific and express permission.

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