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Work for Hire Publishing Agreement > Publishing Contract with Developer-Owned I... - Pg. 191

The Publishing Contract 191 Creative Approvals A rule of thumb is that the more expensive the license, the tighter the rein a publisher will want on the creative direction. A work-for-hire will be strictly regulated, because the publisher is probably under certain restrictions from its licensor. Even for developer-originated IP, it is to be expected that the publisher will insist on some form of final creative approval for all but the most established developer. You will want some comfort that your creative team will be able to work in a fashion you find ac- ceptable, so one way to stave off problems without compromising the publisher's needs is to have extensive, documented communication before contracting. You should discuss creative specs with the producer and acquisitions executives to be sure everyone is on the same creative page. Draft a design and technical spec--preferably as a supplement to a playable demo or prototype, which is the best communication of your intent--and include language in the contract that the creative/ technical documents have been agreed to by the publisher and that you can expect approval for all elements not significantly deviating from those documents. This helps protect you from mid-project producer changes and other corporate turmoil. Key Man Clause Because the publisher is buying access to your talent, it will often ask for a list of key personnel and some assurances that those people will remain at the company for the duration of the development. Should those people leave or move to different projects, the publisher will want certain rights, ranging from the right to be notified to the right to terminate the agreement. Annotated Source Code Publishers may ask for annotated source code in an attempt to protect themselves in case another