Hello, i have created a game and I am currently making a deal with a company that wants exclusive rights to sell my game as their. I dont want to sell them the whole system, but i want to let them sell licenses for my game. Is there any resources on the net on how I could write a license like this?, and how I could formulate a contract where I allow this firm to sell these licenses? What is most important to include? What do I have to do so that I under any circumstances keep the IP rights of the game? Thanks.. p.s: I tried google, but license/legal etc. is used to often on the net

Get a lawyer. If you don't, you'll probably regret it.

But we are not talking that much money...
If I use a lawyer I would probably lose most of the game profit...
(This is a small side project that probably maximum could make 10% of my income, i have a regular job)
There have to be somebody that done this before? Some license examples I can copy/paste?

Quote: Original post by uncutno2
But we are not talking that much money...
If I use a lawyer I would probably lose most of the game profit...

Then don't do any deal at all. You need the lawyer if you're going to do the deal. If the amount the deal will bring in is cancelled out by the cost of the lawyer, it's not worth doing the deal. Just say no, and go make a second game. Come back to dealmaking when you have enough material to cover the legal cost and then some.

Quote: Original post by uncutno2
But we are not talking that much money...
If I use a lawyer I would probably lose most of the game profit...
(This is a small side project that probably maximum could make 10% of my income, i have a regular job)

Have you actually called different lawyers and asked them what they would charge?

Business and contract lawyers are relatively inexpensive.

If you can find somebody who is already familiar with licensing games or software then it will be a quick process since they probably already have contracts on file that you can work from.


I completely agree with Tom on this --- if you can't afford a good lawyer then you shouldn't do this deal.

The two lawyers I work for both do relatively inexpensive flat fees for certain standard contracts and licenses. You can also check your local bar association referral service (or barrister/attorney equivalent) to get an idea about what it will actually cost.

If you have any questions send me a PM or contact me through my blog.

Quote: Original post by uncutno2
Hello, i have created a game and I am currently making a deal with a company that wants exclusive rights to sell my game as their.

I dont want to sell them the whole system, but i want to let them sell licenses for my game.

No you don't.
What you want is to grant them a license to sell your game. In addition you need to grant or not grant a number of other very important rights. Understanding how to write a publishing/licensing agreement for a game isn't something you can just read about/learn online. As others have pointed out you really do need professional help.

Quote: Original post by uncutno2But we are not talking that much money...
If I use a lawyer I would probably lose most of the game profit...

You will almost certainly lose it anyway if you try to do this on your own. Doing business costs money and most businesses don't make money on their first deals. Spend the money now, learn how it works and you will make more money on future projects.

I have spent 20 years in software publishing. I have negotiated dozens and dozens of publishing agreements and worked with many of the top games industry IP lawyers and in all that time the main thing I learned is not to try saving money by writing your own contract.

Hear, hear. OP, read my November 2007 column.

Everyone will tell you that you need a lawyer. This would certainly be the most advisable course of action, and I strongly encourage you to do so. If, in the end, you decide that it is too expensive or for some other reason you do not, that does not mean you should simply do nothing as some people have suggested. You MUST, however, proceed with caution if you venture on your own, and you are guaranteed not to get as good a deal. They will likely try to get all they can out of you, but if you get some reward from your work, it's better than nothing.

I see all this advices to get a lawyer.. Indies and lawyers are kind unrelated:P And the guy maybe doesn't have the money...

I suggest the following:

Download the text of some common licenses, see how they are structured, get used a bit to that awful 'legalese' they are written in - it's very easy just way way verbose.

Then make one of your own (can be a couple of paragraphs really) outlining the key things of you deal.

Try to thing ahead a bit and also put yourself in the other company shoes, to make sure the 'deal' is fair.

Then all it remains is to exchange signed and stamped copies of this newly invented licence:)

Also check this out: http://en.wikipedia.org/wiki/Software_license

Disclamer: I made this from the top of my head, I am in no way an expert or responsible for what I proposed, but seems the right thing to do to me...