SigninG a Publishing Contract

A contract is basically a rulebook, where the 'game' is the relationship between you and the publisher. The contract defines the responsibilities of each party, and what they receive. It should also define when the contract ends, and what happens at that point.


The devil is, of course, in the details. How often are royalties paid? What if they are late? Will the rights return to you if sales stop? What if the publisher never puts out your game?


TTGDA provides resources to assist designers in navigating these details, including:


You should always make sure you understand and agree with all clauses of the contract you are offered. Everyone should understand what the rules are before starting to play the game.

TOP 3 THINGS TO ASK FOR IN A PUBLISHING CONTRACT

It’s exciting to get an offer from a publisher. Don’t let that lull you into accepting a contract that isn’t good for you. A publisher’s first draft of a contract is almost never a take-it-or-leave it offer. In fact, it is sadly common for publishers to leave out key things like an advance on royalties, and instead wait for you to ask. If designers more consistently ask for good contracts, we can move industry standards forward. At a minimum, you should look for:


  1. An advance. Due to the nature of game publishing, it can take several years before a game is on the market and you receive royalties. You should receive some type of compensation in the meantime. An advance forces the publisher to have some 'skin in the game' to help ensure that your game is brought to market in a timely fashion. 
  2. Clear payment rules. We hear from too many designers who have to chase down their royalty payments on a regular basis. Ask for clear rules about when you should be paid, and the right to charge a penalty if the publisher doesn't pay you on time.
  3. Rights reversion. Make sure the contract is written as a temporary license that can be ended if the publisher fails to publish your game or if the game goes out of print.


Our annotated contract provides more detail on these and many other things to look for.

The Germany-based Spiele-Autoren-Zunft has posted a model contract for game licensing.

LICENSING CHECKLIST

This licensing checklist from Meeple Syrup is a great place to start when evaluating an offer from a publisher, or knowing what to ask for.

You can click on the image to the right for a closer view, or download the checklist as a PDF here:


Download Checklist PDF

Artificial Intelligence Clause

AI is a rapidly evolving technology, and the training of generative models on copyrighted material has put them on a shaky ethical foundation. Normally the publisher has control over the art assets, however you may wish to ensure that AI is used appropriately, if at all. If so, you may consider including a clause like this into your contract:


PUBLISHER agrees not to use AI-generated text, images, artwork, design, or other visual elements for any part of GAME without DESIGNER’s prior express approval. For purposes of clarification, a human artist may use artificial intelligence technologies as a tool to assist in the creation of artwork for GAME, provided that the human artist has control over the final artwork and the artwork substantially comprises human creation.


DESIGNER shall disclose to PUBLISHER if any AI-generated text or images are included in the submitted game.

Share by: