"Famous Last Words"
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DISCLAIMER: This column is intended for general educational and entertainment purposes and is not legal advice. Every situation is unique. Anyone entering into a contract should have a lawyer who can provide counsel.
![]() by Jim Charne Attorney at Law |
Getting Credit For Your Work (April 2004)Dear Jim, Our studio worked long and hard on our first project, delivered the gold master only a little late (not entirely our fault!) and we were all very excited when the sample copies arrived. That excitement quickly turned to dismay that our logo and name had been left off the box and game media. Developer credits are very common in games. We expected to see our name and logo. What happened? Credit DeniedDear Denied: Credits in the entertainment industry are governed by contract; either a union contract signed by the producer/publisher/movie studio, or the individual contract signed by the artist or company. Credit in motion pictures, television, and recorded music is one of the most important and contentious issues negotiated when a deal is put together. Details such as the exact wording, the size, prominence, placement, and position of each credit are tough issues that can delay a deal going forward after all the financial issues have been put to bed. It has been said in the entertainment industry, that artists work for money and for credit - the two have equal value and are in many instances interchangeable. Getting your company name prominently associated with your work helps build your own trademark, interest potential customers and employees in your abilities, and can lead to the next project, and the next. Publishers, on the other hand, are not anxious for developers to focus on credit issues. Building the reputations of developers makes it more difficult and more expensive for the publisher to make deals for their services. And each console hardware manufacturer has its own credit policies regarding placement and size of developer logos. Once the console manufacturer, publisher, and content licensor logos are included in game packaging, it may leave little room for the developer. The sea of logos can be confusing at best to a consumer. But from a developer perspective, these are small issues when the object is being recognized by name and logo as the creator of the work. In your next negotiation, put the issue of credit on the table. Here's an example of developer-friendly credit language: "All copies of the game shall display Developer's logo and the credit 'Developed by YourStudio' on the front and back of the packaging (box), on the media containing the game software, in the manual, and in the game software. Developer's name and logo will also appear in all paid advertising for the game, press releases issued by Publisher in connection with the game, and in trade show displays where the game is shown. The size, location, and prominence o f Developer's logo and credit shall be equal to the size, location, and prominence given the logo and credit of Publisher. In addition, at the close of the game, and in documentation that accompanies the game, Developer's staff and team members will be credited for their individual contributions to the game. Developer will provide a listing of staff and team member credits to Publisher who will reproduce these credits as provided herein." While only the very top developers may be able to demand and secure broad credit rights such as those provided above, you may be able to negotiate greater or more prominent credit as a concession when financial terms are not up to your expectations or needs. Looking towards the future, the IGDA has recently established a Credit Standards Committee that will work on producing industry accepted guidelines on crediting. |
Is there language in your contract that has you scratching your head? Found something confusing or worse? Submit a question to Jim for developer-oriented analysis in this Famous Last Words column (IGDA members only).
Jim's Bio
Jim Charne practices law in Santa Monica, CA (www.charnelaw.com) where he represents developers, designers, and other clients in the games industry. Jim was the proud recipient of an IGDA M.V.P. Award at GDC 2006, is chair of the annual GDC legal and business tutorial, and a member of the Advisory Board of G.A.N.G. From 1998 to 2001, Jim served as President of the Academy of Interactive Arts and Sciences.
© 2004 Jim Charne. All rights reserved.

