Computer Games

Besides enforcing your claims against third party infringers, our legal activities in connection with computer games focus on drafting clear and secure agreements for our clients. Computer games often are based on popular movies or novels and require their content. The storyline of a computer game usually is developed by specialized studios. In some cases, also screenwriters are involved. Usage rights for synchronized background music need to be acquired. It takes between one and three years to produce a modern computer game, and costs incurred amount to several million Euros. Publishing companies intending to market the games often pre-finance the costs for the production. Sponsors seeking to make their products visible within the computer game can also be found in many cases.

Individual agreements with all parties concerned need to be drafted in an elaborate and thorough way. WINHELLER Attorneys at Law will ensure that your agreements comply with German and international legal and business standards. We will be pleased to draft or revise all required agreements both in German and in English language. Our object is to prevent you from business disputes or lawsuits by drafting secure agreements for you.

We draft and negotiate in particular:

• Agreements with screenwriters
• Agreements with studios and other computer game developers
• Agreements with computer game publishers
• Licensing agreements (e.g. end user and all kinds of software license agreements)
• Distribution agreements
• Packaging Deals
• Merchandising agreements
• Option contracts
• Master use and synchronization license agreements

In addition to the distribution of computer games via data media, the number of computer games available for purchasers on the internet has been increasing enormously over the last years. When selling your computer games via the internet, you need to fulfill the legal requirements of an online shop. We will help you avoid the numerous legal issues involved in online distribution and will enable you to benefit from the advantages of offering computer games online.

We will also be glad to assist you with legally protecting yourself, as an international provider of online games, against any form of third party liability and damage claims which may be brought up against you

According to German law promoting the protection of minors, mandatory age ratings classified by the USK (i.e. a self-monitoring society of entertainment software in Germany) shall be printed in a well visible manner both on the computer game’s packaging and on the data media itself. We will guide your business through USK’s monitoring procedures. We will also advise you on how to sell computer games online in a legally compliant way, especially with regards to and in accordance with the German law’s intention to promote the protection of minors.
In case you intend to sell your computer games throughout Europe, our attorneys will also assist you with passing the procedures of the European rating system PEGI (Pan European Game Information). Even though Germany has not yet implemented the PEGI rating system, most other European states – including Austria and Switzerland – have done so. We will be glad to inform you on specifics of age classification in other countries as well.

If you distribute your computer games on an international scale, or if you are a developer of computer games based abroad yet gaining moneys in Germany, you can probably save taxes thanks to appropriate tax planning, which may include building up foreign entities. Please ask our attorneys for guidance through the complex questions of international tax law and double taxation rules. They will advise you on how to best achieve tax-efficient solutions for your internationally operating licensing business.

Are the games developers and software engineers who work for your business employed at your company? If so, you need to pay attention to the numerous regulations of employment law that apply in Germany, just like in each other country. In connection with German copyrights law, you need to make sure that your company acquires all exclusive rights from your employees concerning the software. Section 69b of the German Copyright Act correctly applied will help you in this respect. We will also help you patent your software as far as this is legally possible in the respective country. Besides employment law matters, we will also take care of registering your employees with the German social security insurance. In some cases issues in connection with the German social security insurance for artists [KSK] may need to be dealt with.

Your contact persons in our law firm for the above mentioned matters are Atty. Dr. Christian Seyfert (computer game law, licensing agreements, distribution), Atty. Stefan Winheller (tax law & tax advise) and Atty. Christian Zeller (employment law, social security insurance). Please contact us by e-mail (info@winheller.com) or by phone (+49 69 / 76 75 77 80).