Share this Page URL

Work for Hire Publishing Agreement > Localization - Pg. 190

The Publishing Contract first, your developers will likely be putting in overtime just to make the original design spec, and may be burned out byany expansions; and two, any cash cushion that you have put away willget eaten up by an expanding game, which may not generate enoughroyalties to cover the money you spent on those extra features. Delay 190 What if you are late? It has been known to happen, although--as mentioned earlier in this chapter --a developer stands a much better chance of success if it earns a reputation for accurate sched- uling. There are a few contractual approaches to the problem, generally a combination of leeway, fines, and termination: one good compromise is to give you a "bank" of late days (10 to 25) to be distributed as you need over the course of the development, with further lateness resulting in fines and/or the publisher's ability to terminate the contract for breach (see the following "Termination" section). Note TIP No matter whose fault the delayis, all parties may suffer from lostopportunities due to missed retailwindows.Wherever possible, workwith the publisher to compensatefor unexpected delays. Note NOTE It is important to distinguish between lateness caused by youand lateness caused by third- party situations, such as the publisher's request for a modification, delay in providing de- velopmentkits, or problems with third-party vendors chosen by the publisher, such as engine licensors. Only those delays due to developererror should by counted toward the bank of late days. Third-Party Licenses, Engine/Underlying Technology More and more developers are using third-party engines, which means a bit of planning is necessary in the way of warranties, indemnifications, and compensation schemes. The engine licensors have prepared their contracts to accommodate publishing a game, and are fairly straightforward. If you will be licensing any IP from a third party, such as an engine or music or vocal talent, you will need to obtain the right to sublicense that IP and provide proof of any sublicenses to the publisher. You will want to include a provision that any publisher-mandated licenses (for celebrity actors, for instance) will be paid for by the publisher. Although the fees may be recouped in full or in part from your royalties, that is far better than having it come out of your development fees. Localization Specify all languages that are to be delivered as part of the guarantee/payments, and dates. The publisher will provide a localization kit (almost always at its own expense) and the date for delivery of this kit must be set--otherwise you could be in breach of milestones through no fault of your own. Provide terms for add-on localizations, for instance, prices for European and non-byte/double-byte languages.