N MOST VIDEO GAMES, if you don’t react quickly and properly, chances are the bad guys will shoot you in the back and you will have to begin the game again if you wish to get to the next level. Likewise, in real life, if you don’t understand the rules and know how to play the game, you can’t expect to get far before the bad guys get you. Unfortunately, however, in real life, you typically don’t get a second chance to start over and avoid the bullet.
For this reason, it is important that today’s new media attorney carefully understand the issues that will be faced should a favorite client wish to stop by and discuss a proposal it has just received from a video game developer to develop, market and sell a video game based upon the client’s pre-existing content. While once a very unlikely or remote scenario, as the video game industry continues to grow and capture market share from television and books, the odds of encountering any such deal continues to increase daily.
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