Well I started this "team" called TheTechTouch. It was just me at first then I asked another programmer to join. Once he joined we started coding this game called "Biome". Now I also have asked a web developer to join. He joined and started coding the website. Okay so now I want to make sure that when I sell this game, all the profits will go to me, then I will pay my "team" according to their effort. Now my question is, what if the web developer swaps the Paypal accounts that all the payments are going to, so that he receives all the money? Or what if my co-programmer takes the code and tries to sell it or the game? So I am wondering, how do I avoid those things? Do I need to licence the game as mine? How do I make it so that the game and code all legally belongs to me?
Summary: How do I make my current situation into a situation where I own everything and pay my "employees" and have everything legalized? Do I need to make this "team" into a company or small business?
Also, my programmer lives in Norway and my web developer lives in New Zealand, will that affect anything?
Thanks,
Brent
EDIT: I live in the US.
Legalizing my Game
Did you have a contract/agreement in place? What does it say?
If not, it's hard to get things agreed to after the fact. You may very well end up giving all your immediate profits to your team to buy them out of their interest as there was no organized arrangement. It looks as though your team came together pretty casually but make no mistake that if they know you're going to sell the game then they expect some jack as well.
The truth is that your systems seem disconnected and decentralized and that you can't control it now. What if they decide to do those things? Well, you can't stop them. Also, since they live in other countries I highly doubt you have the resources to legally fight them for the rights to the game. Furthermore, if there was no prior agreement then you can't call it "your" game. It is your team's game and they get partial say in what is done with and to it. You have may have inspired the initial idea and story but they did the leg work to make it happen. Without an agreement saying otherwise, they own it just as much as you do if not more.
If not, it's hard to get things agreed to after the fact. You may very well end up giving all your immediate profits to your team to buy them out of their interest as there was no organized arrangement. It looks as though your team came together pretty casually but make no mistake that if they know you're going to sell the game then they expect some jack as well.
The truth is that your systems seem disconnected and decentralized and that you can't control it now. What if they decide to do those things? Well, you can't stop them. Also, since they live in other countries I highly doubt you have the resources to legally fight them for the rights to the game. Furthermore, if there was no prior agreement then you can't call it "your" game. It is your team's game and they get partial say in what is done with and to it. You have may have inspired the initial idea and story but they did the leg work to make it happen. Without an agreement saying otherwise, they own it just as much as you do if not more.
1. Do I need to make this "team" into a company or small business?
2. I live in the US. Also, my programmer lives in Norway and my web developer lives in New Zealand, will that affect anything?
1. Yes. At the very least, you need a Collaboration Agreement.
2. Yes.
http://www.sloperama.com/advice/article58.htm
http://underdevelopmentlaw.com/category/contracts/page/3/
http://www.sba.gov/
http://www.obscure.co.uk/directory/directory-legal/
Author
Did you have a contract/agreement in place? What does it say?
If not, it's hard to get things agreed to after the fact. You may very well end up giving all your immediate profits to your team to buy them out of their interest as there was no organized arrangement. It looks as though your team came together pretty casually but make no mistake that if they know you're going to sell the game then they expect some jack as well.
The truth is that your systems seem disconnected and decentralized and that you can't control it now. What if they decide to do those things? Well, you can't stop them. Also, since they live in other countries I highly doubt you have the resources to legally fight them for the rights to the game. Furthermore, if there was no prior agreement then you can't call it "your" game. It is your team's game and they get partial say in what is done with and to it. You have may have inspired the initial idea and story but they did the leg work to make it happen. Without an agreement saying otherwise, they own it just as much as you do if not more.
I don't have a contract in place.
Also, I kind of understand what you are saying. So legally the game is the property of the other programmer and I and the website is the property of the web developer and I. So would I solve the problem of the guys possibly steeling from me?
[font="arial, verdana, tahoma, sans-serif"]
[quote name='TTT_Dutch' timestamp='1314629047' post='4855070']1. Do I need to make this "team" into a company or small business?
2. I live in the US. Also, my programmer lives in Norway and my web developer lives in New Zealand, will that affect anything?
1. Yes. At the very least, you need a Collaboration Agreement.
2. Yes.
http://www.sloperama...e/article58.htm
http://underdevelopm...ntracts/page/3/
http://www.sba.gov/
http://www.obscure.c...irectory-legal/
[/quote]
[/font][font="arial, verdana, tahoma, sans-serif"]1. Okay thank you, I will look into those contracts. Also I am still a bit confused on what I should do to make my "team" into an indie game development company. Do I need to follow the 10 steps to start a business on sba.gov?[/font]
[font="arial, verdana, tahoma, sans-serif"]2. What problems will arise from the other team members being in other countries?[/font]
[font="arial, verdana, tahoma, sans-serif"] [/font]
[font="arial, verdana, tahoma, sans-serif"]EDIT: What I guess I really want is to start a company called TheTechTouch or TechTouch. Then make it so that I am the legal "boss". Then have it where I hire other people, but everything they do for me, belongs to me. Also I am only 15, will this be a problem?[/font]
So would I solve the problem of the guys possibly steeling from me?
Without a contract, it's a mess but it's probably containing joint copyright. If what John Doe did is pretty distinguishable from the rest of the work made by all the other team mates (so that it's not confusing what belongs to whom), and he's only selling or using his work in other projects; then he did not steal anything from you. He's just using what is rightfully his.
In fact, if you try to use what he did for you in other projects (and in some cases, even in this project you're working on) without his consent, you are actually stealing from him.
[font="arial, verdana, tahoma, sans-serif"]2. What problems will arise from the other team members being in other countries?[/font]
Depends a lot over the countries involved. The contract should establish when there's a dispute which courts will be used to resolve it. Though, chances of enforcing it is pretty slim unless someone got really lucky and made a lot of money out of it. And the country he lives in has to have a decent civil court system.
Also, it depends whether the relationship nature is that of an employment relationship (a living nightmare in many countries for an indie company), a partnership, or as an outsource contractor.
Author
[quote name='TTT_Dutch' timestamp='1314673017' post='4855286']So would I solve the problem of the guys possibly steeling from me?
Without a contract, it's a mess but it's probably containing joint copyright. If what John Doe did is pretty distinguishable from the rest of the work made by all the other team mates (so that it's not confusing what belongs to whom), and he's only selling or using his work in other projects; then he did not steal anything from you. He's just using what is rightfully his.
In fact, if you try to use what he did for you in other projects (and in some cases, even in this project you're working on) without his consent, you are actually stealing from him.
[font="arial, verdana, tahoma, sans-serif"]2. What problems will arise from the other team members being in other countries?[/font]
Depends a lot over the countries involved. The contract should establish when there's a dispute which courts will be used to resolve it. Though, chances of enforcing it is pretty slim unless someone got really lucky and made a lot of money out of it. And the country he lives in has to have a decent civil court system.
Also, it depends whether the relationship nature is that of an employment relationship (a living nightmare in many countries for an indie company), a partnership, or as an outsource contractor.
[/quote]
Ok well at the beginning of development I made the other programmer I am working with electronically sign (He just typed his name in an email as signing) that everything he coded/programmed belonged to TheTechTouch. This programmer lives in Norway. Does that mean anything?
Also I am only 15, will this be a problem?[/font]
Yes. You need a parent to execute your signature on contracts. You are a minor.
Since you're a minor, trying to start an international business venture is chock full of challenges, and you need some knowledgeable help. The SBA could probably help answer your questions, but you should take a parent along with you.
Author
[quote name='TTT_Dutch' timestamp='1314673017' post='4855286']Also I am only 15, will this be a problem?[/font]
Yes. You need a parent to execute your signature on contracts. You are a minor.
Since you're a minor, trying to start an international business venture is chock full of challenges, and you need some knowledgeable help. The SBA could probably help answer your questions, but you should take a parent along with you.
[/quote]
Okay thank you for all your help. I will hopefully contact the SBA soon and hopefully they will answer my questions (Should I call them or just browse through their site or visit their office?). Should I do anything in the mean time? Such as getting together some Collaboration Agreements and NDA contracts?
It sounds like you already have a lot of work done. At this stage, it really isn't "your" game anymore, it is now a group effort. I'd suggest you talk to your team before taking any non-advisory steps. By all means, gather as much advice as you can first, so you know where you stand. But I would recommend against coming to your team with a bunch of legal agreements you expect them to sign.
First dredge up any emails, recruitment posts, etc; that might indicate what the team members were and were not promised when they were signed up, and what expectations they would have had of ownership. This would give you a good basis from where to continue and might allow you to claim some form of digital equivalent of an "oral contract" which could help you assert the rights you think you are entitled to*.
Combine the above with the rough amount of time and experience each person has contributed. Experience is an important factor - e.g. it would take a good website designer far less time to create a good website than a poor one.
Try to come up with a scheme that reflects both what had been implicitly agreed with the this time/experience ratio. I imagine you'll have to compromise on some form of shared ownership*. The compromise should be fair - trying to unilaterally impose Collaboration Agreements and NDAs midway through a project probably won't be seen in a good light otherwise.
Remember, until you have some kind of contract these people own their work*. If you antagonize them such that your team falls apart you won't be able to use their work*.
*[size="1"]I am not a lawyer.
First dredge up any emails, recruitment posts, etc; that might indicate what the team members were and were not promised when they were signed up, and what expectations they would have had of ownership. This would give you a good basis from where to continue and might allow you to claim some form of digital equivalent of an "oral contract" which could help you assert the rights you think you are entitled to*.
Combine the above with the rough amount of time and experience each person has contributed. Experience is an important factor - e.g. it would take a good website designer far less time to create a good website than a poor one.
Try to come up with a scheme that reflects both what had been implicitly agreed with the this time/experience ratio. I imagine you'll have to compromise on some form of shared ownership*. The compromise should be fair - trying to unilaterally impose Collaboration Agreements and NDAs midway through a project probably won't be seen in a good light otherwise.
Remember, until you have some kind of contract these people own their work*. If you antagonize them such that your team falls apart you won't be able to use their work*.
*[size="1"]I am not a lawyer.
Author
It sounds like you already have a lot of work done. At this stage, it really isn't "your" game anymore, it is now a group effort. I'd suggest you talk to your team before taking any non-advisory steps. By all means, gather as much advice as you can first, so you know where you stand. But I would recommend against coming to your team with a bunch of legal agreements you expect them to sign.
First dredge up any emails, recruitment posts, etc; that might indicate what the team members were and were not promised when they were signed up, and what expectations they would have had of ownership. This would give you a good basis from where to continue and might allow you to claim some form of digital equivalent of an "oral contract" which could help you assert the rights you think you are entitled to*.
Combine the above with the rough amount of time and experience each person has contributed. Experience is an important factor - e.g. it would take a good website designer far less time to create a good website than a poor one.
Try to come up with a scheme that reflects both what had been implicitly agreed with the this time/experience ratio. I imagine you'll have to compromise on some form of shared ownership*. The compromise should be fair - trying to unilaterally impose Collaboration Agreements and NDAs midway through a project probably won't be seen in a good light otherwise.
Remember, until you have some kind of contract these people own their work*. If you antagonize them such that your team falls apart you won't be able to use their work*.
*[size="1"]I am not a lawyer.
Okay thank you very much for you reply. I think I appointed a guy as co-owner of this company at one point but I mean do I have to live up to that since it was just a team at that point? Also I promised that I would give them a certain percent of the money when the game sold. Also I was planning on giving them a certain percent of ownership for each product so that they would receive that percent of the payment for that product. Would that be a good idea for a contract?
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