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For Content > Non-Software Entertainment - Pg. 194

The Publishing Contract 194 Figure 6.6. Blizzard's crowdpleaser. How Many? What platforms are being licensed? You will prefer to give a publisher a license for only those plat- forms the publisher intends to release, or institute an option or reversion (see discussion in Options and Reversions Sidebar). Can you publish a port with another publisher? What about a localization in a territory in which the publisher does not intend to release the game? What about wireless, PDA, and other platforms? What about digital distribution and online revenue? How long? Generally, a license is for one game, with the publisher having options for sequels for a certain period or if certain thresholds are met (see the "Sequels, Ports, and Conversions" section later in this chapter). Merchandise/Ancillary Products Merchandise and ancillary products include hint books, T-shirts, and other merchandise or deriva- tive products based on Newgame as well as OEM ("original equipment manufacturer" product, where the game is bundled with hardware or other software as an add-on or an arcade game) but not the Newgame movie or Newgame movie merchandise or what is currently being called non- software entertainment. Non-Software Entertainment This includes all filmed, animated, and recorded entertainment based on the property and all mer- chandise/ancillary products based on those products rather than on the property itself. What is the difference to the developer between merchandise based on the game and merchandise based on filmed entertainment? Size and timing. Merchandise from other entertainment comes in the form of a smaller slice (for the publisher and, therefore, for you) of a much larger pie. When filmed entertainment is made from a property that you own, the producers and distributors of that entertainment take a chunk out of the merchandise profits before passing it on to the publisher. Profits from merchandise based on entertainment take longer to get to your pocket because there are more middlemen. Where the contract is between the publisher and a merchandising sublicen- see, the sublicensee has an accounting period within which to pay the publisher, who then has an