Asset Ownership Document?
by Jay Barnson · in General Discussion · 03/31/2004 (11:51 am) · 5 replies
Anyone have a boilerplate or sample document for team members to sign over the IP rights to game contributions? We're getting to that point "soon," and I want to make sure everythings on the up-and-up legally (yet I don't think we need to be so anal about it that we need to hire a lawyer to draw it up).
Thanks!
Thanks!
About the author
Jay has been a mainstream and indie game developer for a... uh, long time. His professional start came in 1994 developing titles for the then-unknown and upcoming Sony Playstation. He runs Rampant Games and blogs at Tales of the Rampant Coyote.
#2
I included some boilerplate from this site into my own agreement, although like most non-lawyers I think the contact I eventually drafted was paranoid and baroque and would be difficult to enforce.
Maybe www.ilrg.com/forms/genassgn.html? Especially:
Which is probably the most important clause. I'm less worried about agreements between lightweight principals than getting blindsided by some heavyweight third party. Always consider heavyweight third parties when drafting agreements to make sure that you don't get enjoined in a suit. I always make it clear that any provider must be certain that anything they provide is unencumbered
I guess this is legalistic sounding enough that I need to add the standard disclaimer that I'm not a lawyer and that this is lay advice provided by a peer and not legal counsel.
One thing I also add is a reversion clause, something to the effect that if a retail product including the contributions of the other party is not offered for general sale to the public by, that all rights revert to the original author. This makes some people who have been burned by other projects less gun shy about contributing assets to Yet Another High Risk Indie Project.
03/31/2004 (9:02 pm)
www.ilrg.com/forms/I included some boilerplate from this site into my own agreement, although like most non-lawyers I think the contact I eventually drafted was paranoid and baroque and would be difficult to enforce.
Maybe www.ilrg.com/forms/genassgn.html? Especially:
Quote:
the rights and benefits assigned hereunder are free and clear of any lien, encumbrance, adverse claim or interest by any third party
Which is probably the most important clause. I'm less worried about agreements between lightweight principals than getting blindsided by some heavyweight third party. Always consider heavyweight third parties when drafting agreements to make sure that you don't get enjoined in a suit. I always make it clear that any provider must be certain that anything they provide is unencumbered
I guess this is legalistic sounding enough that I need to add the standard disclaimer that I'm not a lawyer and that this is lay advice provided by a peer and not legal counsel.
One thing I also add is a reversion clause, something to the effect that if a retail product including the contributions of the other party is not offered for general sale to the public by
#3
Thanks LOADS. While I'm an old hand at game development, I'm a babe in the woods when it comes to business management / administration / legal gamboo. I'm just hoping to avoid the worst minefields.
04/01/2004 (8:26 am)
I already have the contributers, and there's already a verbal agreement in place... so I'm mainly in the crossing t's and dotting i's stage here. I'm going to have to go to an office supply store today to return something, so I'll see what they might have, and I'll take a look at your form, Brad.Thanks LOADS. While I'm an old hand at game development, I'm a babe in the woods when it comes to business management / administration / legal gamboo. I'm just hoping to avoid the worst minefields.
#4
Those aren't mine, they are just a collection of boilerplate I googled when I was drafting my own agreement. I did cut and paste some of those boilerplates into my own agreement.
I was pretty tired when I wrote that post, so it wasn't as lucid as it could have been.
04/01/2004 (6:16 pm)
Quote:
I'll take a look at your form, Brad.
Those aren't mine, they are just a collection of boilerplate I googled when I was drafting my own agreement. I did cut and paste some of those boilerplates into my own agreement.
I was pretty tired when I wrote that post, so it wasn't as lucid as it could have been.
#5
04/02/2004 (7:16 am)
No problem, Brad. I realized that once I had a chance to look at it. No worries. The nearby OfficeMax had plenty of legal forms, but nothing that was quite appropriate. But this is a good starting place. Thanks for the link!
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