Enhanced descriptions from Syndetics:

Programmers/developers dreaming of creating the next mega-selling game quickly realize they need a solid understanding of the legalities specific to the game business, but they don't know where to turn for advice. Programming a cool game isn't enough anymore. Successful developers must also understand how to run their business - choices of entity, publishing agreements, managing employees and investors, obtaining copyrights, licensing agreements and more. Legal fees can quickly escalate if the client isn't in control. Game developers need the skills to work more efficiently and cheaply with lawyers, when their services are required, by mastering organization and negotiating strategies. This text provides a comprehensive licensing and legal guide to game development.

Table of contents provided by Syndetics

• Introduction (p. xxii)
• Chapter 1 118 Things to Know about Running a Game Development Company (p. 1)
• 3 Things to Know about Your Publisher (p. 4)
• 1 What Being a Public Company Means (p. 4)
• 2 What Dealing with the Console Manufacturer Means (p. 5)
• 3 What They Have to do to Get Onto a Shelf (p. 5)
• 115 Things To Know about Running Your Company (p. 6)
• Getting Started (p. 6)
• Finance (p. 7)
• Human Resources (p. 8)
• Publisher Relations (p. 10)
• Production (p. 12)
• Licensing (p. 15)
• Wireless (p. 16)
• Chapter 2 First Steps (p. 19)
• Decide Ownership Stakes (p. 22)
• Choose an Entity for Your Business (p. 22)
• Issue the Ownership Stakes (p. 22)
• Deciding Ownership Stakes (p. 23)
• Who Deserves What? (p. 23)
• When Should They Get It? (p. 25)
• Why Use Vesting Schedules? (p. 26)
• Who Has the Final Word? (p. 27)
• Choose a Business Entity (p. 28)
• The Corporation (p. 30)
• C-Corporations (p. 30)
• S-Corporations (p. 37)
• Where to Incorporate (p. 44)
• Limited Liability Company (p. 47)
• Ownership Restrictions (p. 47)
• Management (p. 47)
• Taxation (p. 47)
• Liability (p. 48)
• Documents Required (p. 48)
• Partnership (p. 49)
• Ownership Restrictions (p. 50)
• Management (p. 50)
• Taxation (p. 50)
• Liability (p. 51)
• Documents Required (p. 51)
• Other Considerations (p. 52)
• Licenses (p. 52)
• Insurance (p. 52)
• Name (p. 53)
• Issuing Ownership Stakes (p. 53)
• Ownership of a Corporation: Equity (p. 53)
• Tax Rules Regarding Stock and Stock Option Grants (p. 54)
• To Founders (p. 54)
• To Investors (p. 57)
• To Employees (p. 57)
• Ownership Agreements (p. 58)
• Transferability of Ownership (p. 58)
• Partnership and LLC Considerations (p. 60)
• Summary (p. 61)
• Chapter 3 Financing a Game Development Venture (p. 71)
• Introduction (p. 76)
• How Much Money Do You Need to Raise? (p. 76)
• What You Will Need to Build to Get a Deal (p. 77)
• How to Budget for a Product (p. 79)
• Scalability (p. 80)
• Raising Money/Financing the Early Stage Venture (p. 81)
• Sources of Funding (p. 82)
• Friends and Family (p. 82)
• Publishers (p. 83)
• Angel Investors (p. 84)
• Industry-Specific Financiers (p. 84)
• Pitch Materials (p. 87)
• Business Plan (p. 87)
• Pre-Production Documents (p. 89)
• Pitch Build (p. 91)
• Financing Vehicles (p. 91)
• Equity (p. 91)
• Debt (p. 95)
• Regulation of Investments (p. 96)
• Selling the Company (p. 97)
• Valuation (p. 99)
• Comparables (p. 99)
• Multiples (p. 99)
• IRR (p. 99)
• NPV (p. 100)
• Letter of Intent (p. 101)
• Due Diligence (p. 102)
• Purchase Agreement (p. 103)
• Getting Into and Out of Trouble (p. 103)
• Preventive Measures (p. 103)
• Remedial Actions (p. 104)
• Prioritize Your Creditors (p. 104)
• Options (p. 105)
• Summary (p. 113)
• Chapter 4 Staffing Up (p. 119)
• Introduction (p. 121)
• See Things from Your Employees' Point of View (p. 122)
• Challenges Peculiar to the Industry (p. 122)
• Good Management Practices (p. 123)
• Communicate (p. 123)
• Define Expectations (p. 123)
• Respond (p. 124)
• Employ People Without Getting Sued or Screwed (p. 125)
• Why Have an Employee Handbook? (p. 126)
• What to Include in an Employee Handbook (p. 127)
• State and Federal Regulations (p. 128)
• Title VII of the Civil Rights Act of 1964 (p. 128)
• Sexual Harassment (p. 129)
• Age Discrimination (p. 131)
• Disability Discrimination (p. 131)
• Do's and Don'ts (p. 133)
• Solicitation (Want Ads) (p. 133)
• Applications and Interviews (p. 133)
• Other Important Federal Laws (p. 134)
• Anatomy of an Employment Agreement--Including Stock Compensation (p. 138)
• Compensation (p. 141)
• Salary (p. 141)
• Benefits (p. 141)
• Performance-Based Compensation (p. 144)
• Other Key Terms of the Employment Agreement (p. 144)
• Verification of Immigration Status (p. 144)
• Termination (p. 146)
• Ownership of Intellectual Property (p. 146)
• Non-Disclosure Agreement, AKA the NDA (p. 149)
• Non-Compete (p. 149)
• Non-Solicit (p. 150)
• Integration (p. 151)
• Arbitration (p. 151)
• Independent Contractors (p. 151)
• Successful Use of the Independent Contractor, Part One: Is the Worker an Employee or an Independent Contractor? (p. 151)
• Successful Use of the Independent Contractor, Part Two: The Contract (p. 153)
• Successful Use of the Independent Contractor, Part Three: Intellectual Property and Information Control Concerns (p. 153)
• Avoiding Lawsuits (p. 155)
• Discrimination (p. 156)
• Summary (p. 159)
• Chapter 5 A Primer on Intellectual Property (p. 181)
• IP 101 (p. 185)
• Trade Secrets (p. 188)
• What Is a Trade Secret (p. 188)
• How Do I Qualify for and Obtain Trade Secret Protection? (p. 190)
• Enforcing Trade Secret Rights (p. 195)
• Strengths and Weaknesses of Trade Secrets (p. 195)
• What Assets Can a Trade Secret Protect? (p. 196)
• Copyright (p. 196)
• What Is a Copyright? (p. 197)
• How Do I Qualify For and Obtain Copyright Protection? (p. 199)
• Enforcing Copyrights (p. 204)
• Strengths and Weaknesses of Copyrights (p. 206)
• What Assets Can a Copyright Protect? (p. 206)
• Trademark (p. 206)
• What Is a Trademark? (p. 208)
• What a Trademark Does and Does Not Protect (p. 208)
• How Do I Qualify for and Obtain Trademark Protection? (p. 209)
• Enforcing Trademarks (p. 213)
• Strengths and Weaknesses of Trademarks (p. 215)
• What Assets Can a Trademark Protect? (p. 215)
• Patent (p. 215)
• What Is a Patent? (p. 217)
• How Do I Qualify for and Obtain Patent Protection? (p. 217)
• Enforcing Patents (p. 222)
• Strengths and Weaknesses of Patents (p. 222)
• What Assets Can a Patent Protect? (p. 222)
• Protecting Your Assets (p. 222)
• Identify Eligible Assets (p. 222)
• How Do You Protect Your Assets? (p. 224)
• Registration (p. 226)
• Enforcement (p. 226)
• Summary (p. 233)
• Chapter 6 The Publishing Contract (p. 243)
• Introduction (p. 246)
• Long-Form Versus Short-Form (p. 247)
• Tips for Reading and Negotiating a Contract (p. 248)
• Hire an Experienced Lawyer (p. 248)
• Know the Basics of Contract Structure (p. 249)
• Read the Contract. All of It (p. 249)
• Itemize and Prioritize (p. 250)
• Size Up the Publisher (p. 250)
• Maintain Parity (p. 251)
• Work for Hire Publishing Agreement (p. 252)
• Time (p. 252)
• Parties (p. 252)
• Property (p. 252)
• Additions to the property (p. 253)
• Term (p. 253)
• Territory (p. 253)
• Development Fees (p. 253)
• Tier 1 Development Fee/Advance Against Royalties (p. 253)
• Tier 2 Royalties (p. 254)
• Definitions of Gross and Net Sales (p. 260)
• Development Procedures (p. 264)
• Milestone Definitions (p. 264)
• Publisher Acceptance (p. 265)
• Modifications (p. 266)
• Delay (p. 267)
• Third-Party Licenses, Engine/Underlying Technology (p. 267)
• Localization (p. 268)
• Creative Approvals (p. 268)
• Key Man Clause (p. 268)
• Annotated Source Code (p. 268)
• Options (p. 269)
• Publishing Contract with Developer-Owned IP (p. 269)
• Definition of Property (p. 269)
• For Content (p. 270)
• Term (p. 274)
• Additional Compensation (p. 277)
• Termination (p. 281)
• Clauses Added to Most Long Form Contracts (p. 284)
• Representations, Warranties, and Indemnifications (p. 284)
• Indemnifications (p. 286)
• Accounting (p. 287)
• Audits (p. 287)
• Marketing/Advertising Expenditure (p. 287)
• Relationship among the Parties (p. 287)
• Force Majeure (p. 288)
• Governing Law and Dispute Resolution (p. 288)
• Assignment (p. 288)
• Confidentiality (p. 289)
• Severability (p. 289)
• Proprietary Platform Owner/Manufacturer's Consent (p. 289)
• Notices (p. 289)
• Modification (p. 289)
• Survival (p. 289)
• No Waiver (p. 289)
• Entire Agreement (p. 290)
• Summary (p. 290)
• Chapter 7 Licensing (p. 299)
• Introduction (p. 302)
• Licensing Versus Owning (p. 302)
• Risks and Benefits of Licensing (p. 303)
• Content Licensing (p. 304)
• Why License? (p. 304)
• Basis of Rights (p. 304)
• How It Works (p. 305)
• The Licensing Meritocracy (p. 308)
• Key Concepts and Contract Terms (p. 308)
• Definition of the Licensed Property (p. 308)
• Rights Granted (p. 309)
• Definitions of Gross and Net (p. 310)
• Territory and Languages (p. 311)
• Term (p. 311)
• Sequels, Prequels, Re-makes, Ports, and Conversions (p. 311)
• Other Terms (p. 312)
• Four Examples (p. 313)
• Licensing an Engine (p. 313)
• Cast of Characters (p. 313)
• Mis en Scene (p. 314)
• Contract Highlights (p. 314)
• Mature Game into Film (p. 316)
• Cast of Characters (p. 316)
• Mis en Scene (p. 316)
• Contract Highlights (p. 317)
• Game into Children's TV Show (p. 323)
• Cast of Characters (p. 323)
• Mis en Scene (p. 324)
• Contract Highlights (p. 324)
• Book Into Game (p. 328)
• Cast of Characters (p. 328)
• Mis en Scene (p. 328)
• Contract Highlights (p. 329)
• Global Licensing (p. 332)
• How Your IP Crosses Boundaries (p. 332)
• Parties Involved (p. 333)
• Contracting with International Parties (p. 333)
• Summary (p. 334)
• Glossary (p. 343)
• Index (p. 349)

Reviews provided by Syndetics

Library Journal Review

Video games have graduated from child's play to big business, so acquiring one or two creation guides is a good idea. Suitable for libraries serving beginning to intermediate users, gmax and Level explain how to use the free gmax editor to create new elements ("mods") for existing games. While Level strictly focuses on building new levels for first-person shooter multiplayer games, gmax discusses creating both levels and characters, with examples of models for many popular games; its CD-ROM includes gmax 1.2, a trial of Paint Shop Pro 7, and projects and images from the book. Level's CD-ROM also contains gmax 1.2, in addition to a trial of Photoshop 7, finished files, a discussion of what makes fun and useful game levels, and a chapter on careers in the game industry. Business and Legal helps those launching a game design company, covering from financing and staffing to protecting intellectual property and licensing work. Though specialized, this guide contains invaluable content for game developers and start-ups; appropriate for large public libraries and university libraries supporting design programs. Also for large libraries, Online Games builds on the growing popularity of the genre, discussing the process of proposing and designing as well as pitfalls and lessons for design teams. Case studies and interviews add real-world credence, and an appendix provides a useful online world time line. For intermediate to advanced designers, On Game Design discusses the process of turning an idea into a playable and marketable game. A great example-filled resource, it encourages designers to think about the different ways that games appeal to players, important gaming elements, and the psychology behind various games' success; for large libraries. (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Author notes provided by Syndetics

Ashley Salisbury is an attorney who has worked for some of the interactive industry's biggest names and properties. She has produced multi-million dollar software entertainment projects and has lectured to film producers and television network programming executives on leveraging brands in digital media. She holds an AB from Princeton University