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Related Issues > Related Issues - Pg. 199

The Publishing Contract 199 property--in other words obligations to you, the developer, under the publishing contract--it will carve space for those obligations in its contracts with third parties. An example of this would be getting creative approval over the plots for a book series based on the game. When the publisher contracts with the book publisher, it will insert a clause giving itself creative approval over the books' plots so that it can solicit your approval and thereby fulfill its contract with you, the developer. Understandably, the publisher will want to limit or eliminate all such provisions in the publishing contract to ensure it maximum flexibility when contracting with third parties and to save the admin- istrative hassles of coordinating with you for decisions. See the "Approvals" section for a discussion of the forms that approvals take. Areas impacted by sublicenses include the following: Credits You will want to receive credit of the same size and prominence as the publisher on all games, merchandise, and entertainment and a credit "Based on the game "Newgame" created by Devco" in all entertainment in addition to any other credits appropriate to your involvement in the production. This latter is particularly important in filmed entertainment because producers are obligated to pay certain amounts for certain credits. The publisher will want to insert language to the effect of "wher- ever possible." Creative Rights Publishers are extremely reluctant to grant the developer any kind of creative approval over enter- tainment or merchandise, but two areas of compromise exist. The first: For you to have some ap- proval right for all creative areas for which the publisher has a creative approval. For instance, if the publisher has a right of mutual approval over the film script, you would have some approval over the film script as well, whether mutual or consultation (discussed below in Section: Business Ap- provals). The second: To include language requiring the publisher to use its "best efforts" to have the key originator of the idea attached as a creative consultant, paid by the producer at industry- standard rates, to any entertainment project.