As a lawyer, and as a passionate fan of digital creativity and video games, I’ve often heard the famous phrase come up when speaking with an indie video game studio:
“We’ll deal with the contract when the publisher confirms something…”
And many times, that has meant trouble. Loss of rights, poor distribution, legal conflicts.
If you’re a developer or part of a small studio, this article is for you. Because if you don’t legally protect your video game from the start, you could lose much more than your work.
What is a video game publishing agreement?
The publishing agreement governs the relationship between your studio and the company that markets the game (the publisher). It defines exploitation rights, revenue, duration, territories, marketing, and more.
If you don’t negotiate it correctly, you could be giving away your brand, your profits, or even creative control of your work.
Video Game Copyright: What You Need to Know
A video game is a complex work protected by the Intellectual Property Law: it includes music, code, narrative, art, and more (TRLPI, art. 10.1). Each element generates copyright, and it is essential that the studio secures its ownership before signing with any third party.
According to article 43 of the TRLPI, any transfer of rights must:
Be in writing
Specify which rights are being transferred
Indicate the duration, territory, and purpose
If not clearly stated, the law will interpret this transfer very narrowly.
What should the publishing contract regulate?
Although each agreement is unique, there are some clauses that every serious contract must include:
- Purpose of the contract: Are you transferring rights for distribution? Also for ports, merchandising, adaptation to other platforms?
- Territory and duration: Where can the game be used? For how long?
- Financial distribution: Do you receive royalties? Is there an advance payment? Are the accounts audited?
- Moral rights: These are non-waivable under Article 14 of the TRLPI. Your work cannot be modified without your consent if it affects your integrity as an author.
- Guarantees and responsibilities: Protections against publisher breaches, misuse, or lack of promotion.
- Early termination: What happens if one party wants to end the relationship earlier than planned?
- Marketing and communication control: Prevent the publisher from using campaigns that violate your studio’s values or approach what the
- Advertising Law considers illegal advertising (Article 3).
What if there’s no contract?
If nothing is signed (and this happens more than we think), everything the publisher does can become moot. Did they have authorization to upload it to these platforms? To make DLC? To exploit merchandising? In law, anything unregulated is uncertain.
Furthermore, according to the TRLPI (Article 43), assignments must always be limited in purpose, time, territory, and modality. If they aren’t, the law interprets them very restrictively.
Legal advice for indie studios: an investment, not an expense
At Cardador & Marín, we understand the specifics of the indie sector. We have advised individual developers, small studios, and creators who need legal certainty without slowing down their creative drive.
You don’t need an in-house legal team. You need a lawyer who speaks your language, who understands what it means to release a game on a tight budget… and who can defend you clearly.
Whether you’re drafting, reviewing, or renegotiating a publishing contract, we’re here to help.
At Cardador & Marín, we offer specialized legal advice for video games. If you develop video games and are negotiating a publishing contract, or want to review your copyright, contact us and we’ll put the legal system to work for you.
Email us at info@cardadormarin.com
Or book your appointment now and discover how to bring your ideas to life without putting your reputation or your business at risk.