Games
The games industry has experienced a real boom during the last few years. SKW Schwarz was able to get its bearings very quickly in this area because the legal issues are similar to those of media and entertainment law as well as IT, internet and e-business law. Our games specialists’ know-how in giving advice on the projects of computer and videogames producers, securing financing (also via funds) and helping with acquisitions of German target companies is second to none.
Our focus is on German financers and international, large publishers, on behalf of whom we act not only in Germany, but in particular in Europe and world-wide. Our task is often to provide fund, private-placement or private-equity financing for the production and distribution of AAA games. So far, we have supported most of institutional financings from Germany. In addition, we take responsibility for the usually quite large issue of rights clearing – rights on engines, copyright issues, privacy issues, brand issues, music rights etc – and develop international and national IP franchise, buy-out and licence agreements. For completed products we draft user General Terms and Conditions and codes of conduct and ensure compliance with youth protection provisions.
Our clients include not only international major companies such as Electronic Arts, Microsoft or Ubisoft, but also a number of other domestic and foreign companies which are active in the games business. Developers, distributors, infotainment publishers, retail representatives, internet service providers and partners from the financial sector all rely on our lawyers’ expertise.
Examples
We regularly advise an international top-ten publisher in all matters of computer games piracy in Germany. For example, we organise seminars for the police and customs authorities during which we present the latest products of our client and point out specific features that help to distinguish between authentic and counterfeit products. The customs authorities inform us of container seizures and send us samples of suspected imitations. If we confirm that the product is counterfeit we ask the customs authorities to seize the products. We send a cease-and-desist letter to the recipient and, if necessary, obtain a preliminary injunction. The procedure is similar for an unauthorised distribution of games on the internet. We closely cooperate with technical services providers in order to identify those who have infringed the rights and to obtain reliable documentation for legal proceedings.
One of our clients finances international AAA computer games (AAA = global distribution, high budget – so-called “high-premium games”) for the main platforms (PC, Playstation, Xbox, Wii etc) from Germany. We take care of the legal aspects of the complete contract structure (service development agreement, IP acquisition agreement, distribution agreement, completion bond and other guarantee instruments).
For a global software group and games producer we prepare copyright opinions on the feasibility of computer games which show real action in real time [cities, persons, game plots (see the possibilities of Google Earth)]. At the same time we advise the company on ways to resolve unclear legal issues with minimum risk [copyrights concerning architecture, design, depicted design; privacy rights of persons or depicted companies (AOL Arena, Sony Tower etc); public-law issues, for example views of military grounds etc].