We're going to be adding a (probably) monthly feature to our newsletter. In it, Thomas H. Buscaglia (bio below) will respond to your business and legal questions related to the game industry. To do it, we need your questions, so if there's something you'd like to ask Tom, send it to gamelaw@gamedev.net. Answers will appear in a future newsletter, so if you're not yet subscribed, do so now. Tom's bio:

Quote: Tom Buscaglia is an attorney practicing technology law in Miami, Florida. In addition to obtaining his Law degree from Georgetown University in 1985, he holds a B.A. degree in Philosophy from S.U.N.Y., Buffalo, with honors in Phenomenology and the Philosophy of Law. Tom is a principal in the law firm T.H. Buscaglia and Associates in Miami, Florida, where he practices law for a living and plays computer games and philosophizes on the side. Tom’s firm’s web site is www.gameattorney.com. Tom is dedicated to the computer and video game industry, assisting developers around the world in all aspects of their legal and business needs and has been representing game developers since 1991. Tom was a presenter again this year at the Game Developer’s Conference in San Jose on developer/publisher deals and contracts in a presentation called The Negotiation and a round table discussion on the Publishers “Rules of Acquisition”. Tom was on the Game and Simulation panel at the The Interservice/Industry Training, Simulation and Education Conference (I/ITSEC) and was the Keynote Luncheon Speaker at the 2003 Summer Simulation Multiconference in Montreal, Canada, sponsored by the Society for Modeling and Simulation speaking on The Game and Simulation Industries: Convergence or Collision. He wrote the chapter entitled "Effective Developer Contracts" for the book, The Secrets of the Game Business. He is a contributor to numerous International Game Developers Association, Business and Legal Committee, publications including: the Publisher Contract Walkthrough white paper, on Game Documentation and Trade Show Demos and Termination Provisions; the Game Submission Guide on Legal Issues and the soon to be released Intellectual Property white paper on IP Contracts Independent Developers Sign. Tom published a series of online articles on www.GIGnews.com to assist “rookie” game developers on the legal issues they should consider when starting out in the game industry entitled Initial Legal Issues, What are these games made of…legally speaking and Completing your Contract Arsenal. Tom was a presenter at the 2002 Game Developers Conference, in San Jose, California, on the topic of "The Phenomenology of Game Design". Tom has been a guest lecturer at Full Sail in Orlando, Florida, giving a presentation to the Game Programming students on Intellectual Property and what to look for, and look out for, in their first employment agreement. Tom is the Founder and Executive Director of Games-Florida, a non-profit committed to building the Computer and Video Game development industry in Florida by bringing Florida to the Game Development industry and bringing the Game Development industry to Florida. www.games-florida.org He also sits on the Advisory Board of the Digital Media Alliance of Florida www.dmaflorida.org recently participating in a DMAF Panel Discussion with Florida game industry leaders at Full Sail in Orlando on The Future of the Game Industry in Florida.” Tom has been the Chapter Coordinator for the South Florida Chapter of the IGDA since its inception, and is a moderator for the Business and Legal forums on IGDA web site, www.igda.org. As FaTe[F8S] Tom is the founder and Supreme Warlord of FaTe’s Minions, an online gaming "clan" that has been competing in various online competitions since January, 1998. www.f8s.com As a "hard-core" gamer, Tom plays online on a regular basis and has a gamer's appreciation and understanding of the game industry.

Something like that calls for an archive of the newsletter.

We'll be archiving all of the actual content that appears in the newsletter, but there will be a lag. I'm planning on posting all the past tips, etc., but haven't had the time.

Not a single question yet, btw. [sad]

well i have a worry and questions?

well when you first start a little company would it be a good idea to directly sell your product on the internet through a web store/site?

when should you begin to apply for things such as copyrights and trademarks (just before selling, during development, or before you do anything concerning the project, etc)? and where can those things be applied?

when going from a 5 man team to a 100 person company what are the steps to successfully go from garage programmer group to a full fledged official company?

how can i legally (and hopefully successfully) combat piracy or prevent it in the first place?

when dealing with publishers what route should you take to negotiate a fair deal? what you should have in portfolio before approaching a publisher?

How about:

How can I determine if a product/company name is open for use or trademarked?

Would I have to fear about Hasbro sueing me?

Ok here are a few of my questions:

1. I'm developping a game called "Infinity" and i wish to make its engine go commercial as a way of funding the game. Naturally i thought about calling it the "Infinity engine". Unfortunately for me there's already an engine with that name (Baldur's Gate engine) but it's 2D only (mine is 3D) and it's already a few years old. I don't think there are still games developped with it. Can i legally sell my engine under that name ?

2. Do i need to have a legally registered company when doing business over the Internet ? How do i handle taxes and similar stuff (i'm from Belgium) ? Do i need a kind of legal/business formation if i want to create my own little individual company ?

Thanks,

F. Brebion

Question sent (inspired by this thread).

I'm planning on setting up a Game software development company here in U.S. and I would like to get an SBA loan to fund it. I know it will cost about $15 mil to fund a big MMORPG project with a staff of about 20 people so I am planning on developing the game outside of the country, particularly the Philippines. That way, it will only cost about $200k. My question is, will SBA grant me a loan if I'm planning on doing just that?

so you're going to ask for a $15 million dollar loan and then outsource the development to the Phillipines.... interesting.
what legal loophole allows that (for small businesses)?