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Using my framework in a client's game

Started by January 29, 2011 07:45 AM
3 comments, last by Tom Sloper 13 years, 11 months ago
I'm currently making an iPhone game for a Start Up and I used my OpenGL based framework to buid it. The framework largely consists of basic stuff like texture loading/rendering, game state managers, etc. While making the project, I did add to the framework, with things like a new notification manager. I would like to keep the rights to my code so I could use it later on in my site.

I would like to protect myself against something like (and this is an extreme improbability) the company gets bought by Disney and their legal team got bored and felt like suing me for giggles.

I was thinking of putting copyright notices at the top of the files and having my client signing something that says they agree to those files being mine but there's one sticky part. Some parts of my framework have been altered with to accommodate the game. Stuff like this


switch( gameStateID )
{
case LGS_LEVEL_01 : state = new Level01(); break;
case LGS_LEVEL_02 : state = new Level02(); break;
case LGS_LEVEL_03 : state = new Level03(); break;
}


So how would I got about exempting the project specific code?

I know I'm probably being paranoid, but better safe than sorry.

Learn to make games with my SDL 2 Tutorials

As a producer, I have sometimes had developers wanting to retain ownership of their code. The development contract template we normally used (which said that the source code was the publisher's) had to be modified, but the publisher's needs had to be dealt with.
The solution we came up with was that it was acknowledged that the proprietary routines of the developer remained the property of the developer, and would not be used by the publisher (nor by any other developer) to create other games. The developer had to agree that the code could be used by other developers to do ports to other platforms, but not to make any other games besides the one being ported (assuming the contracted developer would not be also doing the ports).

Long story short: this should be covered in the development agreement. If you've already signed a development agreement, it wouldn't be nice to ask to go back and amend it just for this last-minute afterthought proviso. Should've thought of it sooner. But I guess you can ask.

-- Tom Sloper -- sloperama.com

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Typical work for hire development agreements state the publisher client owns everything created (including source code to non-game specific tools/tech). However, it is common practice in development contracts for developers to reserve rights in proprietary tools/tech provided they grant a license to use them in connection with the game. Whether the rights under the license extend beyond the original product is up to your negotiation with your client. I think it is good practice to try and highlight which code you consider to be your proprietary tech and to document it clearly in the files. Whether you get to keep ownership of modifications to the tech should also be discussed for clarity purposes. However be aware that once you had source code to another company, it can be difficult to prevent them from disclosing it to others.

Good luck!
Kevin Reilly
Email: kevin.reilly.law@gmail.com
Twitter: kreilly77
Actually, nothing has been signed. Currently, I'm the only one with access to the source code.

Is there a template contract I can look at?

Learn to make games with my SDL 2 Tutorials

Why on earth are you doing work without a contract? It's typically the client who writes the contract. Or you could hire a lawyer, of course.
http://thegameattorney.com/
http://www.obscure.co.uk/directory/directory-legal/

-- Tom Sloper -- sloperama.com

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