Game development Publishing agreements with the new world of VR/AR, but Gamers will also typically need the primary assets are the rights to to accept an end user licence use, reproduce, distribute and allow agreement (EULA) with a publisher others to use (for a fee) the creative so the parties will need to ensure content that’s been created. that any rights the publisher licenses Publishers will want to obtain, to the end user are appropriately control and monetise as many linked to those rights licensed to the of these rights as they can, while publisher by the developer. developers will want to retain as Scope of licence much ownership and control as they can. Some developers may agree to The extent of the rights granted can a full buy-out of their rights, giving have a huge impact. A publisher may the publishers free rein to exploit wish to push for a release on as many the finished product as they wish. different consoles and platforms in Typically, developers will retain as many different territories as they ownership and grant the publishers can to maximise reach and sales. a licence of varying length and scope However, the developer may have with some exclusivity. This gives the only developed the game to operate publishers certainty that they’re on one platform/console, in which the only ones to benefit from their case they may need the publisher’s investment, while also setting limits assistance with ‘porting’ the game to in case things don’t work out or if the be operable on others, and this will publishers are happy to cede control come at a price. over certain areas. Publishers may have exclusive The parties must decide whether the relationships with certain console- source code is being given to the makers or platforms and may restrict publisher, especially if the publisher the developer from publishing needs to undertake support and on anything but that console or maintenance itself or, alternatively, platform. This could limit the game’s the terms of an escrow arrangement. potential without a clear upside for the developer. On the other 41