Games lawyer Jas Purewal of Osborne Clarke explains 5 key legal tips that a mobile, handheld or tablet games business needs to succeed.

1. 5 legal tips for success in mobile,
handheld and tablet
Jas Purewal
25 November 2011

2. osborneclarke.com
In this session…
1. Contracts are your best friend
2. Platform T&Cs are king
3. Protecting and exploiting IP in mobile/tablet/handheld
4. Data: with great power comes great responsibilities
5. How to fund your games
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3. osborneclarke.com
About Osborne Clarke
• Osborne Clarke is the leading
UK/European law firm to the
games industry
• We advise the full range of games businesses
from publishers to indies
• We advise on matters including: contracts, IP,
funding, corporate, tax, employment and disputes
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4. osborneclarke.com
About me
• I'm a games lawyer at Osborne Clarke – I advise
clients like Nintendo, Stainless Games, AppyNation
and Spilt Milk on contracts, IP and disputes issues
• I write a blog dedicated to explaining legal issues to
devs: www.gamerlaw.co.uk
• I like Twitter: @gamerlaw
• I am not Phoenix Wright :(
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5. osborneclarke.com
Tip #1: Contracts are your best friend
(Part 1)
• Contracts are how you document (i) what you want; (ii)
what the other guy wants; and (iii) what you're prepared to
give each other to get it.
• Used properly, you can use them to get stuff you wouldn't
otherwise get and give less than you'd otherwise have to.
• Unfortunately, most devs leave contracts to the last
minute, use a rubbish precedent borrowed off a mate, or
ignore them. SADFACE.
• My experience: it's worth spending up to 10% of contract
value to get it documented properly.
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6. osborneclarke.com
Tip #1: Contracts are your best friend
(Part 2)
• Some quick tips when using contracts:
• ALWAYS specify who owns the IP in detail.
• Always specify the game details/deliverables.
• Never ignore the 'boilerplate' sections in a contract – if
you don't know what that means, you need a lawyer.
• Don't accept legalese: if you don't understand it, query it.
• Remember a contract is a negotiation: ask for more than
you'll get and have a fall-back position ready.
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7. osborneclarke.com
Tip #2: Platform T&Cs are king (Part 1)
• Mobile/tablet/handheld depend on platforms, e.g. iOS.
• This means the T&Cs governing the admission of your
game on to that platform are the Word of God. Examples:
• Facebook/LOL Apps
• IUGO Entertainment:
"The lesson [we've] learned…was how to deal with Apple. I don't
think there will ever be clear guidelines. It's not possible for them
to do so. Developers should understand that and take their own
risks. If you don't want that risk the stay far, far away from those
edges. Play safe within that circle."
Hong-Yee Wong, CEO IUGO Entertainment (2011)
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8. osborneclarke.com
Tip #2: Platform T&Cs are king (Part 2)
• Tips for keeping on the right side of the platforms:
• Read the platform T&Cs ideally at game concept level
and consider what could be a problem.
• Engage with the platforms at an early stage.
• Remember T&Cs apply to patches/updates too.
• Accept that the platforms are fickle and rejection/forced
amendment is a risk.
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9. osborneclarke.com
Tip #3: protecting and exploiting IP
(Part 1)
• IP law can be scary…but doesn't have to be.
• Your game is made up of IP, e.g. copyright/database;
trade marks; patents (possibly); and confidential
information.
• Protecting your IP means things like:
• Making sure you have rights to future IP exploitation.
• You control IP licences to anyone else.
• You can leverage your IP.
• Yes, and anti-piracy.
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10. osborneclarke.com
Tip #3: protecting and exploiting IP
(Part 2)
• Tips to protect/exploit IP in mobile/tablet/handheld:
• Game clones usually happen because you're not fast
enough – so take your successful IP multi-platform
before anyone else.
• On the other hand, the law isn't very good at fighting
clones/'inspirations'/free-riders:
-> H.A.L.O. v N.O.V.A.
-> Doodle Jump
• If someone infringes/borrows your IP, use your fanbase
as well as your lawyers.
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11. osborneclarke.com
Tip #4: Data – with great power comes
great responsibilities
• Modern games can obtain a lot of useful data/metrics.
• BUT, if you process 'personal data' you are subject to data
protection law (failure to comply can be criminal offence).
• Even if you process anonymised data, privacy is a big
consumer concern.
• Solutions:
• Use a privacy policy if you process any data
• Think about your data usage from consumer perspective
• Take steps to protect consumer data
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12. osborneclarke.com
Tip #5: how to fund your games (Part 1)
• Standard types of funding:
• Debt (i.e. loans)
• Equity (i.e. a shareholding in return for money)
• Funding opportunities:
– Friends/family
– Publishers
– Angel investors/venture capital/private equity
– Government bodies
– Crowd-funding (?)
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13. osborneclarke.com
Tip #5: how to fund your games (Part 2)
• Other options:
• Optimise your tax structure (e.g. heard of EIS relief?)
• Funding from the games industry itself
• Developer collectives
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14. osborneclarke.com
Thanks very much
Jas Purewal
Lawyer
Interactive Entertainment
T +44 (0) 207 105 7268
Jas.Purewal@osborneclarke.com
Twitter: @gamerlaw
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15. Questions?