Legal Insights for Game Developers

Zachary Strebeck April 21, 2026 6 min read

Non-Compete Agreements in the Game Industry: What You Need to Know in 2026

Non-compete agreements are increasingly unenforceable for game studios. Learn what changed in Washington and California, and what to use instead.

Zachary Strebeck March 23, 2026 9 min read

Should You Be Afraid to Negotiate a Game Publishing Deal?

Many developers fear that pushing back on a publisher will blow the deal. The truth is the opposite — and a publisher who gets angry at negotiation is one of the biggest red flags you can encounter.

Zachary Strebeck March 20, 2026 12 min read

Indie Game Rev-Share Agreements: What Developers and Studios Need to Know

Rev-share agreements are one of the most common, and legally risky, arrangements in indie game development. Here's what both sides need to get right before work begins.

Zachary Strebeck March 8, 2026 13 min read

DMCA Lawyer: Takedown Notices, Costs & When to Hire One

DMCA lawyer for copyright takedowns: what it costs, when to DIY vs hire, and the registration mistake that kills your statutory damages claim.

Zachary Strebeck March 6, 2026 10 min read

Trademark Class 9: The Class That Covers Most of the Tech World

Trademark Class 9 covers software, apps, and electronics. Learn what it includes, when you need Class 42 or 41, and how to file correctly.

Zachary Strebeck March 5, 2026 12 min read

Compliance

Steam AI Policy: What Every Game Developer Needs to Know

Steam's AI policy changed again in 2026. Here's exactly what triggers disclosure, what's exempt, and where legal liability lands for game developers.

Zachary Strebeck February 26, 2026 15 min read

How to License a Trademark: A Game Industry Guide

Learn how to license a trademark for video games and board games. Covers royalty rates, quality control, naked licensing risks, and real gaming examples.

Zachary Strebeck February 23, 2026 19 min read

Video Game Royalties: What Developers and Publishers Need to Know [2026 Guide]

Learn how video game royalties work, typical rates from 100+ deals, recoupment structures, and what to negotiate before you sign a publishing agreement.

Zachary Strebeck November 21, 2025 11 min read

Crafting an Effective Letter of Protest

Learn how to craft effective USPTO Letters of Protest to challenge trademark applications that may infringe on your game's existing trademarks and IP rights.

Zachary Strebeck November 18, 2025 17 min read

What Does a Video Game Publisher Do? A Developer's Guide

What does a video game publisher do — and how much do they take? Full breakdown: publisher roles, revenue splits, red flags, and when to self-publish instead.

Zachary Strebeck November 7, 2025 13 min read

WIPO Madrid Protocol Fee Calculator [Ultimate Guide]

Learn how to calculate WIPO Madrid Protocol fees for international trademark protection. Essential guide for game developers expanding globally.

Zachary Strebeck October 23, 2025 6 min read

How to Trademark a Game [Step-by-Step Guide]

Learn how to trademark your game name step-by-step. Protect your video game or board game brand from infringement with this complete guide for developers.

Zachary Strebeck October 6, 2025 11 min read

Understanding Trademark Expungement - A Practical Guide

Learn about USPTO trademark expungement - a cost-effective alternative to cancellation proceedings for game developers challenging existing registrations.

Zachary Strebeck October 4, 2025 12 min read

Understanding the Notice of Opposition [Trademark Guide]

Learn how trademark opposition proceedings work and protect your game brand from conflicting trademark registrations in this essential guide for developers.

Zachary Strebeck October 1, 2025 13 min read

Trademark Likelihood of Confusion Factors Explained

Learn key trademark likelihood of confusion factors to protect your game titles and avoid infringement issues. Essential guide for game developers.

Zachary Strebeck October 1, 2025 8 min read

Navigating the SAG-AFTRA Interactive Media Agreement

Learn SAG-AFTRA's Interactive Media Agreement requirements for hiring union voice actors and performance capture artists in game development, including AI rules.

Zachary Strebeck June 11, 2025 9 min read

Video Game Publishing Agreements - Developers Beware [2025]

Essential guide to video game publishing agreements in 2025. Learn key contract terms, deal structures, and pitfalls every developer should avoid.

Zachary Strebeck May 29, 2025 11 min read

Understanding Board Game Licensing: A Comprehensive Guide

Learn the 3 types of board game licensing arrangements that bring games to market. Essential guide for developers creating franchise games or publishing.

Zachary Strebeck April 4, 2025 7 min read

AI Copyright for Game Developers

Learn how the US Copyright Office's new 2025 guidance on AI copyrightability affects game developers and what AI-generated content can be protected.

Common Contract Clauses - Warranties and Indemnity

Learn about warranty and indemnity clauses in game publishing contracts that can create significant liabilities for developers before signing deals.

Gamedev legal news - State sues over failed Kickstarter campaign

State attorney general sues failed Kickstarter campaign creator for undelivered rewards. Learn legal risks game developers face with crowdfunding.

Zachary Strebeck December 27, 2024 5 min read

Why using LegalZoom for your Game Dev needs can be a raw deal

Learn why LegalZoom may not be the best choice for game developers' legal needs and why specialized attorneys offer better value for your projects.

Zachary Strebeck December 27, 2024 3 min read

The 5 major legal challenges game developers face

Learn the 5 key legal areas game developers must navigate when creating games, from IP protection to compliance requirements. Essential legal overview.

2 DEADLY Game Development contract mistakes - Are you making them?

Avoid costly legal trouble in game development. Learn the 2 most dangerous contract mistakes that video game and board game developers commonly make.

Zachary Strebeck December 27, 2024 5 min read

Can you use another game's trademarked name to describe your own?

Learn when game developers can legally reference trademarked game names in marketing and descriptions, plus key defenses to avoid infringement issues.

Do you own your game content?

Learn why indie game developers may not actually own their game content and how missing contracts can create ownership issues that threaten your project.

Zachary Strebeck December 27, 2024 7 min read

Can you legally make third-party game accessories?

Learn the legal landscape of creating unlicensed game accessories and trays for other companies' board games. Essential guide for game developers.

Zachary Strebeck December 27, 2024 7 min read

Court rules in favor of cloned tabletop game - No protection under US copyright law

Court rules card game clones can't be protected by US copyright law in Bang! vs Legends of Three Kingdoms case - key implications for game developers.

How to find out if something is copyrighted - a quick guide

Learn how to check if content is copyrighted before using it in your games. Essential guide for video game and board game developers to avoid legal issues.

Zachary Strebeck December 27, 2024 17 min read

Amazon Brand Registry Requirements: 2025 Trademark Guide

Amazon Brand Registry requires a registered or pending trademark. Here's exactly what you need to enroll, from a trademark attorney who's enrolled clients.

Zachary Strebeck December 27, 2024 12 min read

Video Game Patents [Ultimate Intellectual Property Guide 2021]

Patents are complex, expensive, but extremely important in protecting valuable video game inventions. In this post, we break it down in a way you can understand.

Amazon and Asmodee team up to fight counterfeit games (Legal News)

Amazon and Asmodee sued a seller for counterfeit Dixit copies. Learn how game developers can protect their games from counterfeits on Amazon.

How long do video game copyrights last?

Learn how long video game copyright protection lasts and what it means for developers and publishers seeking to protect their intellectual property.

Zachary Strebeck December 27, 2024 6 min read

What does nft stand for in crypto?

Learn what NFT stands for in crypto and how Non-Fungible Tokens work. Essential guide for game developers exploring blockchain integration opportunities.

CPRA Compliance in 2025 - California Privacy Law

CPRA 2025 compliance guide for game developers. Learn California's updated privacy law requirements affecting video game and board game studios.

How to Copyright a Name (Hint: You Actually Need a Trademark)

You can't copyright a name — names need trademark protection, not copyright. Here's how to check availability, register your trademark, and what it costs.

Game Dev Alert - New games must provide Accessibility Options

Game developers must include accessibility options in new releases as of Jan 2019 or face FCC fines. Learn compliance requirements here.

Zachary Strebeck December 27, 2024 5 min read

Legal News - Imprisoned ex-dictator Manuel Noriega sues Activision

Ex-dictator Manuel Noriega sues Activision over his portrayal in Call of Duty: Black Ops 2, claiming unlawful exploitation of his likeness for profit.

Zachary Strebeck December 27, 2024 3 min read

What is a parody and why is it important?

Learn what qualifies as legitimate parody under fair use law and why game developers need to understand this crucial copyright defense.

Zachary Strebeck December 27, 2024 13 min read

Trademark Lawyer Fees and Costs: What You'll Actually Pay

Trademark lawyer fees: $800–$2,000 for registration, $300–$1,000 for C&D letters, plus USPTO filing fees. Flat fee and hourly rates explained.

Zachary Strebeck December 25, 2024 6 min read

Are board games copyrighted? [2026 Legal Guide]

Learn which parts of board games can be copyrighted and what's protected by law. Essential 2025 legal guide for game developers and designers.

Zachary Strebeck December 25, 2024 5 min read

How to copyright your game - 2025 guide

Learn how to copyright your video game or board game in 2025. Essential IP protection guide for game developers covering exclusive rights and processes.

Zachary Strebeck May 13, 2024 7 min read

Did Capcom infringe copyright with Resident Evil? [Legal News]

Photographer sues Capcom for using images without permission in Resident Evil. Learn the case details and how game developers can avoid copyright issues.

Zachary Strebeck March 7, 2024 28 min read

Video Game Trademark [Ultimate Guide for 2026!]

Learn how to trademark your video game name from brainstorming to registration. Complete 2026 guide covering clearance searches, filing, and protection.

Zachary Strebeck March 7, 2024 16 min read

California online Privacy Policy requirements [2020 CCPA Update!]

Learn CCPA compliance requirements for game developers. Updated 2024 guide covers California privacy policies, enforcement, and how to get compliant.

Zachary Strebeck March 7, 2024 6 min read

Verification Code for Amazon Brand Registry [Get Verified in 2022!]

Learn how to get your Amazon Brand Registry verification code in 2024. Essential guide for game developers selling board games and products on Amazon.

Zachary Strebeck May 15, 2023 6 min read

Essential Clauses in Game EULAs: A Comprehensive Guide for Developers

Learn the essential EULA clauses every game developer needs to protect IP, set player expectations, and limit liability in this comprehensive guide.

Zachary Strebeck May 14, 2023 7 min read

What is the Amazon brand registry cost? Worth it?

Learn Amazon Brand Registry costs and benefits for game developers. Protect your IP and enhance customer experience on Amazon's platform.

Zachary Strebeck May 14, 2023 5 min read

What to do if your trademark is refused (Fix it!)

Learn how game developers can fix refused trademark applications and successfully register their gaming brand names through proper legal responses.

Zachary Strebeck May 14, 2023 7 min read

Logo Trademark Registration: A Comprehensive Guide for Game Studios

Learn how to protect your game studio's logo through trademark registration. Essential branding guide for video game and board game developers.

Zachary Strebeck May 14, 2023 5 min read

Navigating Localization and Regional Licensing for Game Developers

Learn essential localization and regional licensing strategies for game developers to expand globally, navigate legal requirements, and reach wider audiences.

Zachary Strebeck May 14, 2023 6 min read

Video Game Development Contract Negotiations: Tips for Success

Essential contract negotiation tips for video game developers to protect IP and build successful partnerships with publishers, investors, and licensors.

Zachary Strebeck May 13, 2023 5 min read

Microtransaction Regulations in Gaming: What Developers Need to Know

Learn about microtransaction regulations affecting game developers, including gambling-like mechanics concerns and compliance requirements for in-game purchases.

Zachary Strebeck May 13, 2023 4 min read

How much does it cost to copyright a game?

Learn the costs of copyrighting your video game or board game. Essential IP protection guide for developers covering fees and process expectations.

Zachary Strebeck April 30, 2023 6 min read

Video game rating laws and industry standards

Video games are a globally popular form of entertainment but can be a source of controversy. Many people believe that certain video games can be harmful to c...

Zachary Strebeck April 30, 2023 4 min read

Overview of Data Privacy Laws for Game Companies [2023]

Learn about key global data privacy laws that game developers must follow in 2023 to protect player data and ensure legal compliance worldwide.

Zachary Strebeck April 30, 2023 4 min read

EULA Considerations for Multiplayer Games

Essential EULA considerations for multiplayer game developers, covering unique legal requirements and key terms to protect your game and players.

Zachary Strebeck April 26, 2023 10 min read

GDPR Compliance for Game Companies

Essential GDPR compliance guide for game developers. Learn how EU data protection regulations impact video games and board games targeting European players.

Zachary Strebeck April 20, 2023 5 min read

Gambling in video games - what does the law say?

Learn what gambling laws mean for game developers using loot boxes, virtual currencies, and chance-based mechanics in video games and board games.

Zachary Strebeck April 20, 2023 6 min read

Video game laws in the US [Stay Compliant!]

Navigate US video game laws and regulations with confidence. Essential compliance guide for game developers covering key legal requirements.

Zachary Strebeck April 19, 2023 5 min read

Examples of copyright infringement in video games

Learn about copyright infringement in video games with real examples. Essential guide for game developers to avoid legal issues and protect their work.

Zachary Strebeck April 19, 2023 5 min read

Will smart contracts replace lawyers?

Smart contracts automate contract execution but won't replace lawyers. Game developers need legal expertise for complex agreements beyond code.

Zachary Strebeck April 19, 2023 4 min read

Do you need a trademark for Amazon Brand Registry?

Learn why game developers need a trademark to access Amazon Brand Registry's powerful brand protection tools and grow their Amazon business.

Zachary Strebeck April 19, 2023 4 min read

How to trademark a board game

Learn how to trademark your board game's name, logo, and identifying marks to protect your intellectual property from unauthorized use.

Zachary Strebeck March 12, 2023 5 min read

Board Games without Copyright - do they exist?

Discover board games free from copyright restrictions and learn how game developers can legally use existing mechanics to create new games.

Zachary Strebeck March 12, 2023 10 min read

CPRA versus CCPA [7 major changes game devs need to know!]

Learn the 7 major changes between CCPA and CPRA that game developers need to know to prepare for California's new privacy law taking effect soon.

Zachary Strebeck March 12, 2023 10 min read

Who owns copyright in AI-generated works?

Learn who legally owns copyright in AI-generated art and content - crucial knowledge for game developers navigating intellectual property risks.

Zachary Strebeck March 12, 2023 4 min read

Copyright a video game idea - can you do it?

Learn whether game ideas can be copyrighted and how to protect your video game concepts. Essential IP guidance for game developers and publishers.

Zachary Strebeck September 17, 2022 5 min read

Video Game Law in a Nutshell [Games Law Explained!]

Learn what video game law really is: a combination of IP, contract, employment & other legal areas that game developers need to understand.

Zachary Strebeck September 17, 2022 7 min read

What is a collaboration agreement? [Ultimate Guide]

You’ve got a great idea for a project – it could be a game, a movie, a book, or whatever.

Zachary Strebeck September 17, 2022 3 min read

Common Contract Clauses - Term, Territory, and Scope

Learn about essential contract clauses every game developer should understand: term, territory, and scope in publishing and distribution agreements.

Zachary Strebeck September 17, 2022 9 min read

Company Formation

Indie Game Funding: Options, Legal Prep, and What Investors Check First

Indie game funding options explained: publisher deals, angel investment, crowdfunding, and equity. Plus what investors check in due diligence before they say yes.

Zachary Strebeck September 17, 2022 13 min read

Company Formation

How to Start a Video Game Company: Legal Checklist for Indie Devs

How to start a video game company: 23-step legal checklist. LLC vs Corp, IP ownership, contractor agreements, trademarks, distribution, and compliance.

Zachary Strebeck September 17, 2022 5 min read

How do I know if something is in the public domain?

Learn to identify public domain content for game development and discover potential legal pitfalls when using non-copyrighted works in your projects.

Zachary Strebeck September 17, 2022 3 min read

Idea vs. Expression - What is protected under copyright law?

Learn what copyright law protects in game development: expressions are copyrightable, but ideas are not. Essential knowledge for video and board game developers.

Zachary Strebeck September 17, 2022 8 min read

Your Indie Game Studio business plan (and how to get one)

Learn how to create a comprehensive business plan for your indie game studio with templates, resources, and step-by-step guidance for developers.

Zachary Strebeck September 17, 2022 16 min read

Amazon's Indie Game Side Project Terms - are they normal?

Amazon's employee game dev side project terms analyzed from a legal perspective. Are these restrictions on indie developers normal in the industry?

Zachary Strebeck September 17, 2022 13 min read

Why would a trademark be refused? [Answered - with Examples!]

A large part of my trademark practice is responding to USPTO refusals to try and get trademarks registered after they were rejected – often this is when some...

Zachary Strebeck April 30, 2022 7 min read

What are NFTs in gaming? (Non-Fungible Tokens explained!)

Learn what NFTs are and how non-fungible tokens are being integrated into video games. Essential guide for game developers exploring blockchain gaming.

Zachary Strebeck May 10, 2020 6 min read

How do you divide up equity in your new game studio?

Learn the pros and cons of different equity division methods for new game studios, from even splits to performance-based allocations for developers.

Zachary Strebeck May 10, 2020 5 min read

Can you use other companies' trademarks in your video game?

Learn when game developers can legally use third-party trademarks in video games, including key court cases and trademark law applications for the industry.

Zachary Strebeck September 8, 2019 9 min read

Video game copyright and the Supreme Court - What can you do?

Supreme Court copyright decision impacts game developers. Learn what it means for your video games and board games, plus actionable solutions.

Zachary Strebeck November 16, 2018 5 min read

How much does it cost to copyright a logo?

Learn the costs and legal steps to copyright your game logo. Essential IP protection guide for video game and board game developers.

Zachary Strebeck November 16, 2018 18 min read

Starting an Escape Room business [Ultimate Guide]

Complete guide to starting an escape room business covering legal requirements, setup steps, and essential considerations for game developers.

How do I choose the right business entity for my game development?

Learn how to choose the right business entity for your game development project. Get limited liability protection and professional credibility with investors.

Understanding the risks when outsourcing game development

Learn the hidden risks of outsourcing game development to foreign companies. Essential insights for developers on cost vs quality trade-offs and pitfalls.

Can you use another game's card names in your game?

Learn when game developers can legally use card names from other games and avoid copyright and trademark issues in your video game or board game project.

Three ways to not screw up your website's Terms of Service

The Terms of Service for a website can be a complicated document.The Terms of Service for a website can be a complicated document. It is a contractual agreem...

The 3 contracts that every game developer needs

Learn the 3 essential contracts every video game and board game developer needs to protect assets and ensure smooth development processes.

Zachary Strebeck October 5, 2017 1 min read

Indie dev publishing agreements - what to watch out for

Essential tips for indie game developers on key contract terms and red flags to avoid when negotiating publishing agreements with publishers.

What do I do if someone is stealing my content?

Learn the legal takedown process to protect your game content from theft on YouTube, blogs, and other platforms. Essential guide for developers.

What do I do if I get a DMCA takedown notice?

Learn how game developers should respond to DMCA takedown notices, especially when you believe your content use is fair or non-infringing.

Sample DMCA takedown letter and advice for when someone steals your content

Learn when to send DMCA takedown notices for stolen game content and get a sample letter template. Essential copyright protection guide for developers.

Why you need a copyright registration to do a DMCA takedown

Game developers need copyright registration before filing DMCA takedowns to protect their intellectual property from infringement online.

All copyright protection is not created equal - here's why!

Game developers: Learn why thin vs thick copyright protection affects your IP rights. Not all copyright offers the same legal strength or coverage.

Copyright infringement lawsuits filed over mobile game clones

Mobile game developers face new copyright lawsuits over cloned games. Learn about recent legal cases and protect your game development projects.

How strong is your brand? The five levels of trademark name protection

Learn the five levels of trademark protection for game developers. Understand distinctiveness categories to choose strong, registrable brand names.

Zachary Strebeck October 5, 2017 8 min read

What happens when your Kickstarter is suspended for trademark infringement?

Learn what happens when Kickstarter suspends your campaign for trademark issues and how game developers can navigate these legal disputes effectively.

Common Contract Clauses - That nonsense at the end of the contract

Learn what those standard contract clauses at the end mean and why they matter for game developers before signing any agreement.

Running a contest on social media? Be cautious!

Game developers: Learn the complex legal risks of social media contests and sweepstakes to avoid government liability and participant lawsuits.

Where can a game developer get sued in the U.S.?

Learn where US game developers can face lawsuits from customers, contractors, or publishers. Essential legal jurisdiction guidance for video and board game devs.

Zachary Strebeck October 5, 2017 6 min read

Developer threatens legal action against allegedly cloned Kickstarter game

Developer threatens legal action against Kickstarter project for allegedly cloning existing game design - key insights for game developers.

U.S. DMCA copyright takedowns versus Canada's new Notice and Notice system

Game developers: Learn key differences between U.S. DMCA takedowns and Canada's Notice and Notice system for copyright infringement protection.

Are you at legal risk when you take unsolicited game ideas?

Game developers face legal risks when using unsolicited ideas. Learn potential liabilities and protective strategies for your development process.

How to legally use other people's photos and images under Creative Commons license

Learn how to legally use Creative Commons licensed photos and images in your game development projects. A simple guide to CC licensing for developers.

Zachary Strebeck October 5, 2017 6 min read

Nintendo opens up automated YouTube revenue-sharing program

Nintendo launches automated YouTube Creators Program for revenue sharing with content creators, replacing previous ContentID claims system.

Zachary Strebeck October 5, 2017 1 min read

What can you do if you receive a cease and desist letter?

Game developers guide: what to do when you receive a cease and desist letter, including legal options and next steps to protect your project.

Zachary Strebeck October 5, 2017 6 min read

Bang! creator sues Legend of the Three Kingdoms makers

Bang! creator sues Three Kingdoms makers in landmark case on protecting game mechanics from clones. Key legal insights for game developers.

Basic legal issues for game developers

Essential legal guidance for game developers covering intellectual property, contracts, and common legal issues facing video game and board game creators.

Zachary Strebeck October 5, 2017 7 min read

4 VITAL contract terms when hiring a game developer

Protect your game project with these 4 essential contract terms when hiring developers. Avoid handshake deals and secure your development agreements properly.

Could Flappy Bird be liable for copyright infringement against Nintendo?

Exploring potential copyright issues between Flappy Bird's pipes and character design versus Nintendo's Super Mario Bros elements for game developers.

Can you protect the look and feel of your website or blog?

Learn how trade dress protection can safeguard your website's visual design elements, just like trademark law protects names - essential IP knowledge for developers.

Zachary Strebeck March 27, 2015 5 min read

Mobile game cloning lawsuit filed by Blizzard Entertainment

Blizzard files lawsuit over mobile game cloning. Legal analysis of recent copyright infringement cases affecting game developers and clone protection.