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The Podcast: Licensing your IP, with Gary D Nissenbaum

Latest episode available now, discusses how to arrange merchandise deals and more

You can now download the newest episode of The Podcast, which offers advice on how to licence out your IP.

We're joined this week by Gary D Nissenbaum, founder of the Nissenbaum Law Group, who talks us through the pitfalls to watch out for, such as termination rights, and offers advice on how developers can ensure their property isn't abused by licensees.

The discussion covers everything from merchandise to cosplay, and even touches on how best to secure other licenses that you can develop games around.

You can listen to the latest episode below, subscribe to our RSS feed, or download the file directly here. It is also available via iTunes, Google Play, Stitcher, Overcast, Player FM, TuneIn and other widely-used podcast platforms.

All our previous episodes can be found here. Earlier this year we spoke to Harbottle & Lewis' Kostya Lobov about how to protect your IP.

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Latest comments (1)

Dariusz G. Jagielski Game Developer 3 years ago
As a developer myself I have developed very simple rules regarding fan content.

If the fan isn't selling the stuff, as in having people pay for access to his/her fangame or fanfiction (I have no problem with tipjars, patreons or even ads on the site the game is hosted on), it's allowed.

If he or she wants to make money off of it, they'll need to run it past me, because this is no longer a fan work, but act on entrepreneurship so proper business agreement is needed.

I also am against any exclusivity of rights. If some company, be it movie, toy or otherwise would want to come to me, the best they can hope for is non-exclusive rights, so I can then sell another company the same rights, again, non-exclusively.

Also if royalties are on the table, they will be based of the gross revenue, not net revenue or gross/net profit. So if the blockbuster movie makes 10m, they'll need to pay me, say, 30% of 10m, not 30% of any "profit" they'll come upon after a lot of creative accounting.

The way I see it, is that they're coming to me for the rights. They want these more than I do, so I have an upper hand here. I'm happy where I am now, can compromise on many aspects, but royalties based on revenue or non-exclusive rights are not one of these cases. Not even if my company is sinking.
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