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Chapter 6. The Publishing Contract > For Content - Pg. 192

The Publishing Contract Definition of Property 192 For a developer-owned intellectual property, here is where the "four corners" of the property being licensed or sold are defined. The precise definition of the rights is crucial for the same reason that giving the address and plot plan of the home you are selling is important. You don't write a contract selling "my house." What if you have more than one home? Furthermore, does that mean you are selling only the house, or the land surrounding the house? And what about the oil that you don't know is underneath the land surrounding the house? For development using your original content IP, carefully define the copyrights and trademarks available for the game and sequels. For development using your proprietary technology, a publisher will need certain rights to be able to distribute the game, but beware attempts to gain a royalty-free license to use your technology in unrelated games. For Content An intellectual property is usually not a discrete entity but rather a set of trademarks and copyrights --for example, the Superman property isn't just the Superman trademark; it's Clark Kent, Lex Luthor, Kryptonite, Smallville, Lois Lane and the other peripheral characters and villains, weapons, story lines, town names and descriptions, etc. that make Superman "Superman." But is the Justice League part of the property? Superman appeared in it, but the holders of the Wonder Woman property would probably be quite irritated if a Superman licensee incorporated her in their work. Of course, this wouldn't happen because any Superman license would be very specific about the characters, and even the manifestations of characters (Dean Cain versus Christopher Reeves versus Hanna-Bar- bera), weapons, and so forth that a licensee can use. An important negotiating point is who owns