Video Games & Entertainment

We review, draft and negotiate B2B contracts, including:

• agreements for the production, development, publishing and distribution of video games and related services;
• licence agreements, and agreements for the assignment and transfer of IP rights to video games, video game assets and related materials;
• merchandising agreements (classic and digital merch);
• contracts for the use of a likeness or image in video games and marketing;
• JV partnership agreements regarding video game projects;
• work‑for‑hire agreements;
• agency agreements for acquiring projects or funds for video game companies;
• agreements for the use or adaptation of IP from video games in novels, comic books and other works;
• licence agreements for the use of plugins (e.g. Unreal and Unity) and other tools; and
• freelancing agreements.

Our services related to IP include:

• the preparation of advanced IP strategies for the use of IP rights in video games and related services;
• the exploitation of IP protected assets in innovative ways (NFT, blockchain, AI, etc.);
• content clearance for video game assets, stories, characters, music, UI, gameplay and marketing assets – to prevent any infringement of the rights of others;
• open‑source clearance – when and how to use assets based on open‑source licences and how to deal with copyleft licences;
• brand and intellectual property right protection and enforcement, including trademarks, domain names, utility designs and trade dress;
• the filing for and registration of IP rights (in Poland and other countries);
• co‑existence agreements (for trademarks and other distinctive signs); and
• the implementation of artificial intelligence (AI) in video games and related services.

We provide a full range of services related to corporate and VC/M&A:

• setting up a company structure in Poland (holding companies, new entities, relocations, and group companies)
• day‑to‑day corporate governance;
• venture capital investment transactions:
  • vendor due diligence,
  • due diligence,
• term sheets, and
• the negotiation of terms in transaction documents (SSA, SHA, etc.);
• Mergers & Acquisitions (share and asset deals);
• Implementation of ESOP / MSOP;
• intra‑group service agreements; and
• strategies for implementing advanced corporate structures.

We represent our clients when their rights are being threatened, or when they face potential criminal, civil or regulatory liability. We provide a full range of support services in terms of structuring litigation strategies and preparing defence files, as well as implementing such strategies in Poland and other countries. Such services include:

• the preparation and implementation of litigation strategies;
• the preparation of settlement agreements with business partners of our video game clients;
• the provision of advice on the protection of IP rights to video games, rights to revenue sharing, Steam cards, etc., in the case of disputes with business partners (e.g. with publishers);
• cross‑border coordination of litigation actions;
• defence against civil and criminal claims regarding the use of third‑party rights, decisions of management boards, general regulations, etc.; and
• the pursuit of claims against non‑performing business partners of our clients (royalties, revenue sharing, milestone payments, etc.).

We provide comprehensive HR law and related advice for video game companies, including advice on:

• the structure of staffing models from a legal perspective;
• employment contracts, in particular with creative staff;
• contracts with individual service providers;
• the termination of employees;
• the drafting and introduction of employment policies and procedures;
• the introduction of employee capital plans (PPK);
• the introduction of incentive schemes;
• legal issues surrounding the performance of remote work;
• the assessment and mitigation of risks related to employment;
• the introduction of 50% tax‑deductible costs; and
• the implementation of IP box tax deduction schemes for video game companies.

We take an innovative approach to the provision of services for the regulatory and contractual aspects of video games and related platforms, which include:

• EULAs;
• the terms of use for websites;
• the terms of service for platforms and applications;
• the terms of sale for e‑commerce platforms;
• the terms and conditions of contests and prize drawings;
• the implementation of payment gates/non‑FIAT models of payments in video games and related services;
• cloud gaming; and
• streaming platforms.

We provide a full range of support with respect to the creation of a global approach to the processing of personal data by video game companies regarding:

• privacy policies;
• cookie banners/policies;
• the full implementation of the GDPR within a company;
• the implementation of a global data protection scheme for a video game company under different legal regimes (GDPR, CCPA, etc.);
• the processing of personal data in video games (matchmaking, geolocation, profiling, aggregation, etc.);
• privacy consents and other bases for processing;
• the transfer of personal data within and outside of the European Union;
• representation before data privacy authorities;
• the provision of Data Privacy Officer duties for a company; and
• risk analyses (DPIA), i.e. the verification of the adequacy of the applied security measures, including within IT infrastructure.