GAMES / Video game industry
Video games are software, entertainment and intellectual property.
A video game typically consists of software code, graphic assets, characters, storylines, music, brands, performances, user-generated content and data.
Indie Law advises game developers, studios and publishers on the development, protection and commercialisation of video games.
Game development
A team can perfectly well develop a fantastic video game together without the studio being the legal owner of all its components. In fact, that is often the case.
We help studios ensure that IP is properly transferred to the company through founder agreements, employment clauses, developer agreements, contractor agreements, IP assignments, NDAs and collaboration agreements.
Publishing agreements
A publishing deal can be decisive for the future of a studio and its game. We advise developers from the very early stages of development on negotiations concerning issues such as IP ownership, sequels and derivative works, downloadable content, territory, platforms (including the legal aspects involved in porting), etc.
We therefore assess a publishing agreement not merely as a contract, but as an economic model.
IP in games
Code, artwork, music, game titles, character designs and trademarks can all be protected by law if they meet the relevant conditions. Video games therefore bring together an enormous variety of different types of IP within a single product, each of which is protected and regulated by law in its own way. We help clients to identify and protect these rights in the most effective way possible.
Brands & game titles
Coming up with a good title is difficult. Discovering that someone else already owns the trademark after the game has been in development for months is problematic. We provide support with availability searches, filing strategies, Benelux, EU and international trade marks, oppositions and enforcement.
Monetisation, platforms & players
Premium sales, free-to-play, subscriptions, downloadable content, virtual goods, loot boxes, adverts and creator economies each raise different contractual and regulatory issues. We advise on platform terms, consumer regulations, virtual currencies, user-generated content, influencer deals and business models.
Privacy, data and online communities
Online games process account, telemetry and behavioural data relating to both adults and children. Clear privacy notices, community rules, moderation, age-appropriate design and agreements with service providers must be consistent with the actual product. We provide guidance on all matters relating to privacy and data protection.
AI and games
AI can be used for code, concept art, dialogue, voice, localisation, player-facing features and even cheat detection. However, the use of AI raises several important legal questions that could compromise the user’s liability, and requires control over training data, input and output rights, appropriate contractual terms and secure data processing.
Tell us about your case
Are you developing a game? We’ll help you protect what makes it valuable.
Useful links
- FLEGA, Flemish Games Association trade association for the Flemish games sector
- Video Games Federation Belgium federation of publishers and platforms in Belgium
- VAF Game Fund Flemish support for gaming projects
- Data Protection Authority Belgian data protection authority
- European Commission, Digital Services Act information on the European framework for online services
- EUIPO Registration of EU trade marks and designs
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