Heads of Agreement for games publishing: Checklist

1. The Game

1.1 Version

• e.g. PAL

1.2 Platform

• e.g. PSX, PSX2, PC etc

1.3 Languages

• clarify whether the publisher will pay for translation costs for speech, text, etc.

1.4 Title

1.5 Game design/concept document

• refer to a schedule

2. Payment

2.1 Advances

• table of advances will be set out against milestones and dates

2.2 Method of payment

• method of payment will be set out in the schedule

2.3 Royalties

• decide on the frequency of payment and the level of royalty. Deal with the issue of cross-collateralisation

3. Publisher Obligations

3.1 Deliverables

• development kits, development tools
• acquiring third party licences

3.2 Marketing

• level of marketing to be agreed

4. Intellectual Property

4.1 Licence

• extent of licence

4.2 Assignation

• whether to transfer ownership of intellectual property rights and to what extent

4.3 Sequels

• right of first refusal
• ownership of brand in game

5. Termination

• decide upon the circumstances in which each party can terminate
• period of notice
• decide what is to happen to payments made and intellectual property rights on termination.