Video Game Lawyer:
Legal Essentials to Launch, Scale, and Protect Your Game

Developing a Game? Legal Planning Starts Now

If you’re developing a game in 2025/2026, you’re launching a business, not just a creative project. Every asset you build–characters, code, music, visuals, story–branding, is valuable intellectual property. And securing that value requires intentional action, not just passive instinct or a few online templates.

You need a legal framework that supports your development process and protects your business interests. That’s where a video game lawyer becomes essential. Whether you’re releasing your first indie title or scaling an established team, this guide outlines what to prepare for and how legal counsel can help you build that framework confidently.

Why Developers Seek Legal Guidance

Many developers don’t plan on navigating legal challenges,but those issues are often unavoidable. The moment you collect player data, monetize your game, or enter into a contract, legal risk enters the picture.

A video game lawyer can provide clarity and protection by:

Establishing ownership structures and IP rights across your game assets
Negotiating contracts for publishing or platform distribution
Drafting employment and freelance agreements
Advising on data privacy compliance and monetization regulations

Anticipating issues early helps prevent costly disputes and ensures your development is built on a solid foundation.

Talk to a video game lawyer about your project’s legal roadmap

Core Legal Areas You Should Address

These are the legal elements that affect nearly every game development business.

Forming Your Business the Right Way

Many developers begin as informal teams or solo creators. Without proper business formation, such as registering an LLC or C-Corp, your personal assets may be at risk in the event of a lawsuit or contract dispute.

A video game lawyer helps you select and form the right business entity, draft founder agreements, and maintain compliance. This foundational structure is critical for protecting your project and positioning it for future growth.

Intellectual Property: Confirming Ownership from Day One

Legal ownership of your work is not automatic. Copyright protects your creative content, trademarks guard your brand, and in some cases, patents can secure your unique mechanics.

A video game lawyer ensures:

Your copyrights and trademarks are properly registered
IP assignments are secured from contractors and collaborators
Your studio has enforceable rights against infringement

Without this in place, even team members could dispute ownership or attempt to license the game independently.

Publishing Agreements and Revenue Terms

Publishing contracts govern distribution, marketing, revenue splits, and IP usage. These agreements can significantly impact your financial outcomes and creative control.

Common issues a video game lawyer can help you avoid include:

Ambiguous revenue definitions and profit-sharing terms
Lack of clear reversion clauses
Excessive platform exclusivity without corresponding benefits

Proper legal review ensures your agreements reflect your long-term interests.

EULAs and Terms of Service That Protect You

Your End-User License Agreement (EULA) and Terms of Service form the legal relationship between your game and its users. These documents cover user behavior, digital economies, user-generated content, and dispute resolution.

A lawyer will help ensure your terms:

Clearly define ownership of user-generated content
Establish enforceable policies on digital assets
Limit liability and set dispute resolution processes

EULA and TOS are not optional – they are mandatory prerequisites to publication. And the policies you adopt within them are critical for minimizing legal exposure and protecting your business.

Secure your game with a legal audit

video game lawyer Collecting Player Data

Collecting Player Data Means Legal Responsibility

Games frequently collect user information: emails, payment details, behavioral analytics, and even biometric data in some cases. If you’re transacting in the U.S., in Europe, or with minors, data privacy laws likely apply.

These may include:

COPPA: Protecting children’s privacy
GDPR: Safeguarding EU user data
CCPA: California’s privacy law governing personal data use

A video game lawyer can help you implement privacy-by-design practices, create clear privacy policies, manage consent, and handle breach reporting.

Helpful link: FTC Children’s Privacy Resources

Monetization Models and Legal Risk

Modern monetization strategies often raise regulatory questions. If your game features loot boxes, tokens, or NFTs, it could be subject to gambling, financial, or securities laws.

Examples include:

Loot boxes potentially qualifying as gambling mechanisms
NFTs being interpreted as unregistered securities
In-game currencies triggering financial compliance issues

A video game lawyer can help you assess risk, structure compliant systems, and communicate appropriately with users and regulators.

Schedule a Consultation With a Game Industry Attorney

Freelancer Contracts Require More Than Payment Terms

Freelancers frequently contribute art, music, writing, and programming to game development. However, unless your agreements include clear IP assignments, your business may not legally own what they create.

A video game lawyer will:

Draft enforceable work-for-hire and IP transfer clauses
Clarify compensation terms and termination rights
Ensure labor classification complies with employment law

Securing ownership from contributors protects your ability to publish, license, or sell your game without disputes.

Open-Source Software Can Create Hidden Risks

Many developers integrate open-source libraries and assets to accelerate development. But licenses like GPL or AGPL come with conditions that may affect how your code can be used or distributed.

A lawyer can help you:

Interpret open-source licenses for compliance
Avoid automatic obligations to share proprietary code
Maintain a separation between open and closed source components

Failing to address these issues early can lead to major licensing conflicts after release.

Explore Related Legal Services

Frequently Asked Questions About Video Game Lawyer services

They provide legal services tailored to the gaming industry, including IP protection, contract review, regulatory compliance, and risk management. Their role is to ensure your legal foundation is as solid as your creative vision.

Yes. Legal structure and early agreements can affect funding, ownership, and control later. Establishing these terms from the beginning helps prevent costly disputes.

They are, when properly drafted and presented to users for consent. A vague or poorly disclosed agreement, however, may not be upheld in court.

You can, but you must review each license carefully. Some licenses include obligations to share your own code, which could affect how you release or monetize your project.

Legal Strategy is Part of Game Development

Successful video game development requires more than just code and creativity. Legal issues can derail your momentum and threaten your business. A knowledgeable video game lawyer supports your goals, minimizes risk, and prepares you for what comes next.

At Founders Legal, we help game developers structure, protect, and scale their projects with strategic legal counsel.

Contact us to learn how we can support your next release.

About
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Beth B. Moore

Senior Counsel, Attorney at Law at Founders Legal

Beth B. Moore serves as senior counsel to Founders Legal’s entertainment practice and supports the firm’s corporate and IP teams. She advises clients in music, film, television, literature, video games, esports, social media, and technology on entity formation, corporate governance, investment strategy, contract negotiation, and due diligence. An avid vinyl record collector, her listening acumen makes her a trusted advocate.

Beth is highly skilled in managing intellectual property portfolios—copyrights, trademarks, patents, and licensing—for clients ranging from emerging artists and producers to a top-100 accounting firm and a billion-dollar software company. From 2018 to 2023, she served as the elected representative for Georgia’s House District 95, championing the creative arts and earning the 2019 “Friend of Film Award.”

Beyond her practice, Beth remains deeply committed to community engagement—mentoring through Arté GA, serving on the Decide DeKalb Entertainment Advisory Board, and participating in Women in Film and Television Atlanta and the Georgia Production Partnership. A passionate musician and outdoors enthusiast, she plays piano, gardens, hikes North Georgia’s trails, and SCUBA dives worldwide.