Before you sign

Publishing Agreement Review

A publisher offered you a deal. Before you sign, get it read, red-flagged, and negotiated by game lawyers who work these from the developer's side.

Billed hourly

Your $150 consultation fee is credited toward any services you decide to purchase.

The deal in front of you was written to protect the publisher

That isn’t an accusation, it’s just how it works. A publishing agreement is drafted by the publisher’s lawyer, for the publisher, and it opens from their position. Nothing in it is there to look out for you. That’s your job, or your lawyer’s.

Most of the deals we review aren’t predatory. They’re just one-sided in the quiet places: how net revenue is defined, what the advance is recoupable against, how long the term runs, and whether you ever get your game back. Those terms don’t read as alarming. They read as boilerplate. And they decide how much of your own game’s success you actually keep.

Sometimes the people you’re negotiating with at the publisher aren’t the ones preparing the agreement, so there’s a serious mismatch between your expectation of the deal and the reality of the contract.

What we actually check

A publishing agreement comes down to a handful of terms that each move real money or real control:

The royalty, and how net revenue is defined, so your percentage is calculated on something real rather than on a number the publisher can whittle down. The recoupment: what the advance and marketing spend get recouped against, and in what order, because that’s what decides when you actually start getting paid. The IP ownership and license scope, so you grant only what the deal needs and keep the rest. The exclusivity, territory, and term. And the reversion: what comes back to you if the publisher underperforms or the deal ends.

Leave any of these to “it’s standard” and you’ve left the most important parts of the deal to someone whose interests aren’t yours. “Standard” for game publishing typically means they keep the game (and its sequels) forever and keep the lion’s share of the revenue.

Review, or review and negotiate

You choose how far it goes. Sometimes a developer just wants the deal read and the risks explained so they can decide with their eyes open. Other times they want the terms actually changed. We do both: a plain-English review first, then, if you want it, direct negotiation with the publisher on the points worth pushing on.

We work these from the developer’s side (and the publisher’s, but don’t hold it against us). The goal is a deal you can sign without wondering what you missed.

Before you sign, not after

The time to fix a publishing agreement is before it’s signed. Once your name is on it, the terms are the terms, and “I didn’t realize that’s what that meant” doesn’t reopen the deal. Send it over before you sign, and let’s make sure it’s one worth signing.

What's included

  • A clause-by-clause review of the agreement you were sent, in plain English, with every red flag called out and ranked by how much it actually costs you
  • The royalty and recoupment terms checked so your share is real, not functionally zero after the publisher recoups everything against it
  • IP ownership, license scope, and exclusivity reviewed so you keep what you should and grant only what the deal actually needs
  • Reversion and termination terms so you can get your game back if the publisher stalls, underperforms, or the deal ends
  • A negotiation plan that ranks what's worth pushing on, and, if you want it, direct negotiation with the publisher (or their lawyers) on the terms that matter

Who this is for

  • Developers who've been offered a publishing or funding deal and haven't signed yet
  • Studios weighing more than one offer who want to know which terms actually differ
  • Anyone who's been told 'it's just our standard contract' and wants to know what 'standard' is costing them

Related reading

More on this from the Legal Moves blog.

Common questions

Is it really worth paying a lawyer to look at a publishing deal?

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It's one of the cheapest forms of insurance in games. A single clause, how 'net revenue' is defined or how recoupment works, can quietly move far more money than the review costs. If the deal is fair, you sign with confidence. If it isn't, you find out before you're locked in for the life of the game rather than after.

Which clauses matter most in a publishing agreement?

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The ones that move money and control: how royalties are calculated and what counts as recoupable, IP ownership and the scope of the license you grant, exclusivity and territory, the term and what rights revert to you when it ends, and any marketing or milestone commitments. A polished contract can still bury a term that makes your royalty meaningless.

Can you negotiate for me, or just review it?

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Both. We start with a review so you understand the deal, then, if you want, negotiate directly with the publisher on the terms worth fighting for. Publishers generally expect a developer to negotiate, and a focused, reasonable set of asks tends to make you look more professional, not less.

The publisher says the contract is non-negotiable. Is it?

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Almost always there is movement somewhere, even when a publisher opens with 'this is standard.' And even in the rare case where nothing changes, you'll sign knowing exactly what you agreed to and where the risk sits, which is worth having before you commit years of work to a deal. Or, you pass on a bad deal.

What does a publishing agreement review cost?

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It's billed hourly, with an estimate after a quick look at the agreement so you know where the price will likely land before any work begins. Longer or heavily negotiated deals can run more, and we'll tell you up front. Typically 2 to 3 hours of billable time. Indie developers qualify for reduced pricing.

Ready to get started?

Schedule a consultation and we'll map out exactly what your publishing agreement review needs and what it costs, with no obligation.

Your $150 consultation fee is credited toward any services you decide to purchase.

Contact us to get started