Developers and publishers generally use contracts to govern the production, licensing and exploitation of an unrealized game. In Germany, this contractual relationship can fall under several statutory contract types. The relationship between a publisher and development studio normally passes through preproduction, production and licensing phases and is designed to last for an extended period. In his presentation “The Collapsed Deal,” media lawyer Christian Hoppenstedt examines performance failures in development and licensing contracts and the consequences of terminating them early.
What recurring rights and obligations do the parties have during production? Which failures lead to which legal consequences, and what options do the parties have? “These questions are particularly important when a performance failure during the production phase, before the game is completed, leads to termination of the contract,” said Hoppenstedt. The parties must then often determine who owns the intellectual property and what exactly constitutes that IP at the time.
The IP question is also decisive if one party becomes insolvent while the contract is active. “There is a gap in insolvency law with regard to licenses,” said Hoppenstedt. Legislators were already working to close it. The presentation will explain the current situation and suggest how contracts can address the issue. Performance failures can also occur during the licensing period, the third phase, which begins after successful delivery of the gold master.
Hoppenstedt will also explain the rights available to a developer when a publisher does not meet its contractual marketing obligations. Christian Hoppenstedt of HOPPENSTEDT & WOLTERS Rechtsanwälte specializes in copyright, licensing-contract and competition law for film, games, advertising and music. “The Collapsed Deal” follows his presentation “The Deal” from September of the previous year.
Date: Friday, February 27, 2009
Location: Frankfurt am Main Chamber of Commerce, second-floor conference room, Börsenplatz 4, 60313 Frankfurt am Main
Time: 8:30–10:00 AM
Participation: free with registration at http://www.gameplaces.de
Further links:
- Further information and registration
