Contractul obligations have following issues:
- Employment
- Development
- License
- NDA
- Collaboration
The purpose of this contract is to set forth the terms of your employment- what the company expects expects you to do for the company, and what the compnay will do for you in return. Employment contracts at any other sort of company. Contractual obligations with the Games Industry, about inventions, and about not competing with the company during or shortly the term of employment.
Development Agreements:
Game publishers often hire game developers to create games for them. A development agreement is a contract that spells out the terms of the development deal.
Terms- This part of the agreement spells out how much the publishers will pay the developer, what timeframe the developer has to develop the game, and if there will be royalties, what the royalty rate.
Ownership- It's important to calrify whether the publisher own the IP or the developers own it.
Warranties- The developing company has to swear that it won't use anybody else's source code and the publishing company has to swear that it has the right to ask the developer to create this particular game.
License Agreement:
When a publisher wants to make a game about a movie or something, the publisher and the movie IP owner execute a contract spelling out the terms of the license.
What's Being Linensed- The contract probably specifies that the publisher only has the right to make a game that works on the Xbox 360 and the Playstation 3.
Terrority- The contract specifies what parts of the world the publisher's game will be published in. Publishers always want worldwide rights, of course - but licensors often charge them more for that.
Term- The contract probably doesn't run forever. Most license agreements run no more than 5 years.
NDA and Confidentially Agreements:
Non-Disclosure Agreements, Disclosure Agreements, and Confidentially Agreements are pretty much the same thing. One party, in order to do business with the other party, has to divulge (disclose) a secret of some kind (a planto make a particular game, or a new technology or process for making games, or a businees deal that hasn't been publicly announced), and has to tell this secret to the other party. The other party agrees not o disclose the information- to keep it confidential- else damage will be the result to the first party. In such an event, dire thing will happen in a court of law to the second party.
Collaboration Agreements:
The above types of contracts cover then most the frequent types of contract in the mainstream game industry. But a lot of people are building indie games or hobby games, and for those folks a very important need is an agreement that covers the all-important issues of ownership and compensation in the creation of games that exist outisde of the mainstream industry. Games that might or might not ever generate any money. The mohority of hobby and indie projects fail, and a huge factore in those failures is who owns what, who's supposed to do what and who's going to get what. A collaboration agreement sets forth in clear terms how the indie or hobby project is managed and controlled, who owns the IP, how the game is intended to be used, how any possible income is to be handled, and how termination of the project is to be governed.
Legal
IP - Intellectual property:
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP is divided into two categories: Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. Since intellectual property is intangible, it is more difficult to protect than other types of property. For example, tangible property, such as a car, can be recovered or replaced if it is stolen. However, if intellectual property is stolen, it may be difficult to recover. Say for example, a person comes up with a great idea for a new invention. If someone else steals the idea, the potential profit of the invention may also be taken away. Similarly, if a digital recording of a new song is "leaked" on the Internet, thousands of people may download it and redistribute it to others. If this happens, the profit potential of selling the music may be substantially diminished.
Because of its monetary implications, intellectual property it is often used as a legal term to safeguard the rights of creators and inventors. It has also become increasingly important to media production companies who need to protect the distribution of their digital media. By defining and establishing intellectual property rights, innovators and creators can have legal protection of their ideas and creations. This may be done by copyrighting written works, applying for patents for inventions, and trademarking brands, names, and logos. Of course, the sooner these legal steps are taken, the safer is it. After all, it is much easier to protect an idea before it is stolen than after someone else takes it!
Copyright:
Copyright is a legal means of protecting an author's work. It is a type of intellectual property that provides exclusive publication, distribution, and usage rights for the author. This means whatever content the author created cannot be used or published by anyone else without the consent of the author. The length of copyright protection may vary from country to country, but it usually lasts for the life of the author plus 50 to 100 years.
Many different types of content can be protected by copyright. Examples include books, poems, plays, songs, films, and artwork. In modern times, copyright protection has been extended to websites and other online content. Therefore, any original content published on the Web is protected by copyright law. This is important in the digital age we live in, since large amounts of content can be easily copied and pasted.
So how do you obtain copyright protection? Fortunately, in most countries, copyright protection is automatic. This means whenever you publish original content, it is automatically protected by copyright law. For example, if you post a blog on the Internet, your content is automatically covered by copyright. In most cases, this type of copyright protection is all that is necessary. However, if you want others to know your content is copyright protected, you can post the copyright logo (©) next to your name on any Web pages that include your original content. You may also want to include the years you have owned the content. Below is an example of a copyright line:
Copyright © 2007-2009 [your name/company name].
In situations where it is critical to protect an author's rights, many countries provide copyright registration, which allows authors to register copyrighted content with a central agency. This makes it easier to prove ownership of content if it is ever disputed.
Copyright provides a helpful means of protecting original content. It serves to give people credit for the work they do, which is something we can all appreciate. Therefore, if you ever consider copying someone else's content, think of how it would make you feel if someone copied your original work and published it as their own. If you ever would like to use another person's content, make sure to ask the author for permission first. And always give credit where credit is due.
Trademark:
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark may be designated by the following symbols:
- ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
- ℠ (for an unregistered service mark, that is, a mark used to promote brand services)
- ® (for a registered trademark)
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
Whereas patents and copyrights are basically used to protect the commercial rights of inventors and creators of artistic or literary works, respectively, the basic concept behind a trademark or service mark is to prevent unfair competition.
Trademark law protects you, the owner, from competitors stealing your identity or using a name or symbol so similar that it could cause confusion for your clients or customers. By identifying a product or Pservice’s source, a trademark or service mark also serves to protect consumers from deception. Trademarks are registered for specific goods or services within individual subjects known as classes. It is possible for others to register identical or similar marks as long as it is in a diferent unconnected class. For example Swan rental cars, Swan matches and Swan Electricals. These are 45 classes to choose from.
Patent:
The term patent usually refers to an exclusive right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof, and claims that right in a formal patent application. The additional qualification utility patent is used in the United States to distinguish it from other types of patents (e.g. design patents) but should not be confused with utility models granted by other countries. Examples of particular species of patents for inventions include biological patents, business method patents, chemical patents and software patents.
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention.
The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims defining the invention which must meet the relevant patentability requirements such as novelty and non-obviousness. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.Under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights, patents should be available in WTO member states for any inventions, in all fields of technology,] and the term of protection available should be a minimum of twenty years. In many countries, certain subject areas are excluded from patents, such as business methods and computer programs.
You may consider applying for a patent if you invent:
- a new component or innovative product - eg a new type of lid for a drinks carton which keeps the contents fresh for longer
- an industrial process or way of making or manufacturing something - eg a new plastic-moulding technique
- new apparatus or equipment used in an industrial process - eg a new kind of tool for cutting metal.
Patents are Granted in over 150 countries and are predicated on the theory that inventors are more likely to invent and disclose that knowledge to the public in exchange for a limited period of exclusivity. The right granted by a patent excludes all others from making, using, or selling an invention or products made by an invented process.
Registered Design:
A registered design is a monopoly right for the appearance of the whole or part of a product, resulting particularly from the lines, contours, colours, shape, texture and materials of a product or its ornamentation.
These designs could be anything from patterns on textiles or plates to the shape of a car or the design of part of a product, such as a kettle handle.
A registered design covers two-dimensional as well as three-dimensional articles and ornamentation.
Registering a design with the Intellectual Property Office gives you extra legal protection. It gives you the exclusive right to make, use or stock any item incorporating your design and to take action against those who infringe this right. It can be a very valuable piece of intellectual property that you can license or sell.
To register your design, the product or product part must:
- be new - i.e no identical design can have been made available to the public
- have individual character - ie give an appearance of originality
- not be offensive
- not make unpermitted use of certain protected flags and international emblems - eg the Olympic symbol.
Examples:
IP & Copyright:
Trademark:
Patent:
Registered Design:
Ethical
Ethics: The Science of Morals in human conduct is called ethics. Morals are concerned with the goodness or badness of character. The principles of what is right and what is wrong is called moral.
Gaming Ethics:
Video games are widely played for entertainment and amusement; in addition, they can act as aid in relieving stress. Due to advancing technology, video games have envolved and grown into a large empire impacting those within this realm. Thus many ethical issues are brought to our attention due to this development. As a result, we should recognize how new video games are ethically affecting people who play them.
The ethical issues of video gaming that influence many people, include: Violence, Education, Stereotyping against women, community and addiction. Ultimately, each topic is linked to violence involved in video games.
It is the player's responsibility to be aware of the negative effects of video gaming. However, the gaming industry should also take part in some social responsibilities as well. what they develop and sell can affect the people positively or negavtively. For this reason, both the gamers and the gaming industry should acknowledge the ethical issues regarding video gaming, and both need to address need to address these ethical concerns accordingly.
Although video games can have many positivities, they can also affect gamers in a harmful way.
Basically, Gaming Ethics consist of following ethical issues:
- Violence
- Rating
- Education
- Stereotyping
- Addiction
Violence
Violent video game is a massive debate, often center on topics such as video game graphic violence, sex and sexism, violent and gory scenes, partial or full nudity, portrayal of criminal behavior, racism, and other provocative and objectionable material. Video games have been studied for links to addiction and aggression. It can be agreed that enganing in video games does have many ethical conerns. Through violence, there are many games involving violent acts as well as other content related to violence. This may lead people to believe that playing these types of video games can cause a person to be more violent.
Violent Video Game Effects on Children and Adolescents is an indispensable tool for parents and professionals who want to have important knowledge to make wise decisions about video game use in the lives of children and teens. One of the most exasperating challenges about trying to communicate about the negative effects of violent video games is that well-intentioned adults often say: But the verdict is not in yet on whether violent video game play is all that harmful. Video games are too new to have acquired any compelling data.
Ratings
The Pan-European Game Information (PEGI) age rating system was established to help European parents make informed decisions on buying computer games. It was launched in spring 2003 and replaced a number of national age rating systems with a single system now used throughout most of Europe.
Through the rating of games, it helps the parent of young children to pick the right game for kids. Though, others are concerned that this rating system doesn’t prevent people from acquiring video games that are considered to be inappropriate for their ages. Which is true, in 2010, the Supreme Court (in US) decided to hear a case about the criminalisation of the sale of violent video games to children, but luckily this bill didn’t pass.
Education
Through the education perspective, there are different things gaming can teach us, some are positive while others are negative.
Educational video games are considered a type of serious game, as these games have a strong purpose other than pure entertainment. Some people call these types of games edutainment because they combine education and entertainment. An educational computer game can be defined as an electronic medium with all the characteristics of a gaming environment that have intended educational outcomes targeted at specific groups of learners.
Educational video games are considered a type of serious game, as these games have a strong purpose other than pure entertainment. Some people call these types of games edutainment because they combine education and entertainment. An educational computer game can be defined as an electronic medium with all the characteristics of a gaming environment that have intended educational outcomes targeted at specific groups of learners.
Stereotyping
The video game industry focuses towards men more than women, therefore, many people think it is stereotyping against women. This is true whoever, men do play more games then women, however game developers do add the woman side to it, being it; able to create a woman character stereotyping if games add an experience towards both genders rather than justone.
Addiction
Lastly, through addiction, participating in a long amount of time in a video game has caused people to be addicted to it. As a result, they lose valuable time within their communities and miss opportunities from other activities that could be more beneficial for them. This is one of major concerns that the video game industry is having, the problem being is that they want people to enjoy their games a lot, but then addiction comes and they don’t want that, otherwise a lot of health claims come along, so the ideal game is something that’s fun, yet not addicting.
Professional Bodies
ELSPA/ UKIE
ELSPA changed their name to UKIE in March 2010. UKIE is the only trade body for the UK’s wider interactive entertainment industry. We exist to champion the interests, needs and positive image of the videogames and interactive entertainment industry whose companies make up our membership.
IGDA
International Game Developers Association (IGDA) is the professional society for over 10,000 video and computer game developers worldwide. It is incorporated in the United States as a non-profit organization. Its stated mission is "To advance the careers and enhance the lives of game developers. In recognition of the wide-ranging, multidisciplinary nature of interactive entertainment, there are no barriers to entry. Any person who considers him- or herself to be a game developer may join.
Women in Games
Highlight academic and industrial perspectives on groundbreaking work in computer games research, games development and games education. Focus attention on issues of special interest to women in the games industry and through this seek to address the games industry's gender imbalance and develop a fuller understanding of games and game playing.
BAFTA
BAFTA is the leading independent charity supporting, developing and promoting the art forms of the moving image in the UK - from Film and Television to Video Games and Interactive Media.
MEF
MEF is the global community for mobile content and commerce. It is an organisation for companies wishing to convert their goods, services and digital products via the mobile connected device into money MEF provides competitive advantage to its diverse membership, shapes industry growth, connects thought leaders and spearheads groundbreaking initiatives which explore and promote profitable opportunities.
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