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Kenny77

Indie Questions

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Kenny77    164
If I'm looking to start an independent game development team, and payments would be in profit splitting, how can I get the IP of someone's work (with the team positioned around the world)? I've heard that publishers need to know that you own the idea before they'll accept an idea.

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lightbringer    1070
Generally publishers won't accept ideas at all, at least Tom says so. This guy knows what he's talking about though.

As for how to get the IP, you need to have them license or sign their contributions over to you. You'll likely need a lawyer for this. (Oh, and IANAL, btw ;)

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Tom Sloper    16041
Quote:
Original post by Kenny77
Whoops, I meant to say game or demo.

Okay, then... do you want to just start over and ask your question again? Because now I don't know what your question is. (^_^) <- That means I'm not here to hurt you, I'm just looking for a "good" question from you.

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Obscure    175
Quote:
Original post by Kenny77
If I'm looking to start an independent game development team, and payments would be in profit splitting, how can I get the IP of someone's work...
You would need to get an experienced IP lawyer to draw up an assignment of rights. The easiest thing to do is have this as a clause in the general contract you sign with each of the developers.

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Kenny77    164
What I mean is, I've heard that publishers want assurance that you own the IP to your game, but how can I get it if the other team members are positioned around the world?

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Tom Sloper    16041
Write up a good employment contract. Or, if the team members are not employees, write up a good participation contract with assignment of rights. If the team members want their work to be published, and to share in the profits, then they'll need to contractually contribute their rights to the project.

[Edited by - tsloper on July 9, 2007 11:01:58 AM]

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Obscure    175
Quote:
Original post by Kenny77
What I mean is, I've heard that publishers want assurance that you own the IP to your game, but how can I get it if the other team members are positioned around the world?
And I answered your question - get a lawyer to write a contract.

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Calin    419
Quote:
Original post by Obscure
Quote:
Original post by Kenny77
What I mean is, I've heard that publishers want assurance that you own the IP to your game, but how can I get it if the other team members are positioned around the world?
And I answered your question - get a lawyer to write a contract.


I think he was clarifying his question for tsloper.

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Obscure    175
Quote:
Original post by Calin
Quote:
Original post by Obscure
Quote:
Original post by Kenny77
What I mean is, I've heard that publishers want assurance that you own the IP to your game, but how can I get it if the other team members are positioned around the world?
And I answered your question - get a lawyer to write a contract.


I think he was clarifying his question for tsloper.
Possibly but the clarified question WAS the one I had answered already (as Tom had). The OP wants to undertake a legal transaction of whatever form in order to secure IP rights. They need an IP lawyer for that.

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ellis1138    234
Here's where I chime in and answer what's been answered but with a little more detail.

You get an IP lawyer to draw up the contracts. (Our lawyer had us pay each developer $1 up front because that makes it a bit of a better contract, legal-wise.)
You mail 2 contracts that you signed and dated to each developer.
They sign them, keep one for their records and send the other back to you in the SASE you enclosed.
You put them someplace very secure, like a fireproof locked safe in your home or office.

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Tom Sloper    16041
Quote:
Original post by ellis1138You get an IP lawyer to draw up the contracts. (Our lawyer had us pay each developer $1 up front because that makes it a bit of a better contract, legal-wise.)
You mail 2 contracts that you signed and dated to each developer.
They sign them, keep one for their records and send the other back to you in the SASE you enclosed.
You put them someplace very secure, like a fireproof locked safe in your home or office.

Then you comfortably sign the publisher's contract which requires that you warrant that you own the rights to the IP, and if anybody ever asks you to prove it, you can simply make photocopies of the team members' rights assignment agreements and mail them. The originals you never give away, but you can present them in court if it ever comes down to that.

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