Practice area

Video game law

A video game lawyer for studios that actually ship. Trademarks, contracts, publishing deals, platform compliance, and the difficult questions you're afraid to ask.

Flat fees where we can, $350–$550/hour where we cannot

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

The legal work that actually comes up in games

Most studios need more than a general business lawyer who may possibly know what Steam is. They need someone who already knows what a recoupable advance is, why a work for hire clause often fails to move IP, and what a storefront will ask for before launch.

That is our whole law practice at Legal Moves Law Firm. Video game and board game companies, and not much else.

Protecting what you built

Your studio name and your game titles can function as trademarks. Your art, music, code, and writing are copyrights. They protect different things and they fail in different ways.

Trademarks turn on distinctiveness and on priority, and priority in the US is mostly about who used the name in commerce first, not who filed first. An intent to use application can reserve your place in line from the filing date, but only if you follow through to use and registration.

Either way, clearing a name before you announce is cheap. Having to rebrand after you've released your first trailer is not.

Copyright attaches the moment you fix the work, which is why people assume they are covered and stop there. But the real gap shows up later. Statutory damages and attorneys' fees are barred unless the work was registered before the infringement started, or, for a published work, within 3 months of first publication. Actual damages and an injunction stay available either way. But statutory damages and fees are often what makes a case worth bringing, so your registration timing decides whether you have a realistic claim or an expensive one.

Video game business deals

Publishing agreements are where the money moves, and the clause that decides your outcome is almost never the headline royalty rate. It is the definition of net revenue, what counts as recoupable, and what reverts to you when the deal ends.

Same story with contractors. Paying an artist does not make you the author of their work. Work made for hire is narrow, and it is not something you get by writing the phrase into an invoice. An employee's work inside the scope of their job is different, but a freelancer's usually is not.

What actually moves copyright is an assignment in writing, signed by the person giving up the rights. That is a statutory requirement, not a formality. Without one you can ship a game containing art you do not own.

We draft and review these all the time, so we know what to look for and what to push back on.

Terms, privacy, and platform rules

If your game has accounts, chat, user generated content, or in game purchases, your EULA has some real work to do.

User generated content is the clearest example. If players can make mods, maps, skins, or custom levels, your terms are what let you host that content, show it, and ship it inside your game. Without a license from the player, you are distributing work you do not own. The same few clauses decide whether a creator can take their work elsewhere, and whether you can put it in a trailer.

Storefront requirements move faster than the law does. Disclosure rules for AI generated content are the current example, and the list will be different next year.

When it goes wrong

Someone clones your game. Someone lifts your assets. Someone registers your title as a domain, or files a trademark on it, or files a takedown against your trailer.

We handle demand letters, takedowns and counter notices, domain disputes, and USPTO proceedings including oppositions and cancellations. We will tell you plainly when a matter is worth pursuing and when the cost outruns the recovery, because a lot of them do.

What we handle

  • Trademark clearance and registration for your studio name, game titles, and logos, filed and prosecuted through to registration
  • Copyright registration for the art, music, code, and writing in your game, timed so the remedies that make enforcement worth it are actually available to you
  • Publishing, funding, porting, co-development, and revenue share agreements, reviewed from the developer's side or drafted from scratch
  • Contractor and work for hire agreements where you actually own the IP, because paying an artist does not by itself make you the owner
  • Terms of service/EULA and privacy policy built for how your game really works, including live service, user generated content, and in game purchases
  • Platform and storefront compliance, including the disclosure rules that change without much warning
  • Enforcement when someone clones your game, lifts your assets, or squats your name, and defense when you're hit with a takedown

Who our services are for

  • Indie studios shipping their first title who need the legal basics done once, properly, instead of patched later
  • Established studios who want one lawyer who already understands publishing deals, storefronts, and how games get made
  • Developers who have been handed a publishing agreement and a deadline
  • Anyone whose game just got cloned, copied, or hit with a takedown

Most-requested video game services

Need just one thing? These are what video game studios come to us for most, each at a flat fee.

Copyright Registration

Protect your game's art, music, writing, and code. Registration gives you the legal teeth to stop copycats, clones, and stolen assets.

$350
Register your copyright →

Video Game Publishing Agreement

The headline royalty is rarely the clause that decides your outcome. We draft the agreement so the terms start where you want them.

From $1,500
Talk through your deal →

Independent Contractor Agreement

Hiring an artist, coder, or composer? A solid contractor agreement secures IP ownership and prevents the disputes that handshake deals create.

$600
Get your agreement →
Launch-ready

Terms of Service, EULA & Privacy Policy

Every game with players, accounts, or a store page needs a player agreement and a privacy policy. We draft your terms of service, with the EULA license built in, and your privacy policy together.

$1,600
Cover your launch →

Revenue Share Agreement

Rev-share deals fall apart when the split, IP ownership, and exit terms are not in writing. Get the agreement right before anyone writes a line of code.

Flat fee scoped to your deal
Set up your rev-share →

Starting a studio from scratch? The packages bundle entity formation, trademark protection, and the core contracts for less than buying them one at a time.

See startup packages →

How we price it

Flat fees wherever the work allows, which is most of the early work.

Flat fees first

Most of what a studio needs early is quotable up front. You get the number before anything starts so you can keep costs in line.

Hourly when scope is unknown

$350–$550 per hour where the work genuinely cannot be scoped in advance, with an estimate first.

Indie pricing

Indie developers get 30% off flat fees or a reduced hourly rate of $275. Government filing fees are set by the USPTO and the Copyright Office, and our discounts never apply to them.

A consultation is $150, credited against the work if you hire us. Indie developers pay $75.

See indie developer pricing →

Related reading

More on video game law from the Legal Moves blog.

Common questions

What does a video game lawyer actually do?

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Mostly three things. Protect what you made, which is trademarks and copyrights. Draft the deals, which is publishing, contractors, revenue share, and license agreements. Then handle it when something goes wrong, which is cloning, takedowns, and disputes. The work is ordinary business law applied to an industry with unusual contracts, unusual distribution, and unusually fast rule changes.

I am a solo developer. Can I afford this?

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Often yes, and the honest answer depends on what you need. Most of the early work is flat fee, so you know the number before anything starts. Indie developers qualify for reduced pricing at 30% off flat fees, or a reduced hourly rate. Government filing fees are set by the USPTO or the Copyright Office, and our discounts never apply to them.

When should I trademark my game's title?

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Before you announce it, if you can. A clearance search before the name is public costs a fraction of what a rebrand after the trailer costs. If you have already announced, it is still worth filing, and the sooner the better. Priority in the US mostly follows who used the name in commerce first rather than who filed first, though an intent to use application can hold your place in line from the filing date if you follow through to use and registration.

Do I need to register copyright if my game is already protected automatically?

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Protection is automatic. Some remedies are not. Under 17 U.S.C. 412, statutory damages and attorney’s fees are off the table unless you registered before the infringement began, or within 3 months of first publication. Actual damages and an injunction remain available regardless. If your game has been out longer than 3 months and unregistered, registering now still protects you against infringement that starts after registration, but it will not reach back to something already underway. That is the reason to do it early rather than “eventually.”

Can I use a real car, gun, or brand in my game?

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Sometimes, and it is genuinely fact specific. Developers have won real cases here. A federal court found for Activision over Humvees in Call of Duty, and the Ninth Circuit found for Rockstar over a Los Angeles strip club recreated in Grand Theft Auto. Both turned on the use being artistically relevant and not explicitly misleading about who made the game. That is not blanket permission. Developers also lose these, the doctrine has been narrowed in recent years. So the answer shifts depending on whether the brand is set dressing or is doing work as a badge of source. Ask before it ships, not after the cease and desist.

Do you work with developers outside the United States?

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Yes. A large share of the work is US trademark and copyright protection for studios based elsewhere, along with US facing contracts and platform terms. If your domicile is outside the United States, USPTO rules require you to be represented by a US licensed attorney, and that applies to applications, registrations, and Trademark Trial and Appeal Board proceedings alike. It is one of the more common reasons overseas studios get in touch.

Ready to get started?

Schedule a consultation and we'll map out exactly what your game 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