There is an excellent exhibition running until 3 November 2024 at the National Museum of Scotland, called Game On. If you can tear yourself away from the 100 playable games there, you’ll see the huge role that Scottish game developers have played in global phenomena like Lemmings, Grand Theft Auto and Minecraft.
For any developer looking to replicate their success, your prospects will be brighter if you know how to commercialise and protect your games, and its underlying intellectual property (IP). Here are seven key areas to focus on.
1. Intellectual property
It's essential to know who owns (and be able to evidence who owns) the IP in any video game and then protect it rigorously, looking at copyright (including source code, art assets, music, sound and in-game text) and trademarks (including logos, game names and company name). Take legal advice on the licences or contracts for everything involved. Get a solid platform from the start!
2. Confidentiality
Whoever you share your ideas with, insist on confidentiality, using non-disclosure agreements and confidentiality clauses in contracts. This is essential – even with friends – for protecting your ideas. It’s a business norm, and third parties will expect to sign up to these.
3. Paperwork
Agreements with third parties and consultants should be made contractual and seek legal advice on all contracts since mistakes can be tricky to correct when you have a successful game beta. Even with non-contractual decisions, keep an email paper trail of what you agree. Don’t rely on verbal agreements or vague contractual arrangements. Investors will expect solid contractual arrangements to be in place.
4. Added extras
Even at the early development stages, there are other legal and reputational issues to consider – such as gambling law (if your game has loot boxes), and your data protection, privacy, and online safety obligations to players in different jurisdictions. These are complex areas and early legal advice should be taken.
5. Route to market
It’s never too early to think about this and scope out your options – for example, whether you want to sign up to a platform such as Steam or want a more bespoke approach. Take legal advice on all relevant contracts.
6. Expansion
If you take on staff, get up to speed on your obligations as an employer, for example right to work checks and paying minimum wage. Make sure you have suitable contracts of employment in place which include robust IP ownership and non-compete/non solicitation provisions.
7. Help
Initiatives such as the Dare Academy (which Lindsays is proud to sponsor and provide mentorship to the teams) offer prizes and wide industry exposure. Given all the above, it is worth looking out for these.
