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How does the First Publishing Rights work?

A topic by AI Sin created Oct 28, 2018 Views: 618 Replies: 12
Viewing posts 1 to 7
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Is there a time period before Degica relinquishes the rights to First Publishing if they don't use it? Otherwise, it seems a bit unfair to tie up the game by preventing the winners from publishing (since if Degica decides not to publish, then the game basically can never be published under the rules of First Publishing Rights).

Creators retain all rights to their respective works. The contest runners (Degica) reserve the right to promote the game on the appropriate websites, blogs, social media, etc. as outlined in the prize packages.
Degica reserves first publishing rights for games that win Degica’s Choice, People’s Choice, and/or YouTuber’s Choice.

Those two lines actually seem to contradict each other to a certain extent. Creators retain all rights to their respective works, but Degica reserves the right to promote entries and the right to first publishing for winners. So the right to promote entries can be non-exclusive, but first publishing rights are generally exclusive.

i think it means that degica don't own the game's universe, characters, etc so if you want to make a sequel or selling physical merchandise, etc you don't need Degica's permission.

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Except the word Creator can include Developers. My point was more about the lack of a time for Degica to decide, which means that they could potentially tie down a game so it never gets released.

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This is how it works:

  1. We look at the game and determine whether we want to expand and publish it as a full game in conjunction with the developer
  2. If we don't, we immediately release it to you, and you can do whatever you want to with it, including making a commercial version on your own.
  3. If we do, we negotiate with  you to determine contract. Things like percents and development help (maybe a programmer who can do something you can't, or an artist or musician to spruce up some parts you would like help with).
  4. If we can come to an agreement, then YAY, we start working together to make the commercial version.
  5. If we can't, will we haven't talked in depth on this one, so I'll discuss with our publishing department. My guess would be we would revert publishing rights back to you after a set time. Will get answer for certain as soon as possible.
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If rights would revert back after a certain time, could we see a change in the wording to include the time and conditions? It might help with increasing entries, so I believe there would be some merit in doing so.

Discussing how we want to handle it today/tonight(when JP office gets in), will definitely clear this up and add it to the rules as well as soon as we have a definite answer.

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What if I decide to release my entry as open source under a free license, say a GPL?

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Also interested in how first publishing right would work, and how a disagreement in publishing contract would work. I'd love to enter but would not want to be tied down to agreeing to a bad publishing contract or never releasing.

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I guarantee we would do our best to negotiate a contract in good faith. We are discussing the full details about release situations today though so I should have a full answer tomorrow in regards to that.

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I can appreciate both sides agreeing to a handshake agreement, but when it comes down to hard work, sweat and tears, and potentially money, I like to have my ducks in a row. Simply, I'm too jaded from handshake style agreements gone wrong

I appreciate you digging further into this. I await the verdict =]

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This question is now answered over on the faq! Thank you https://itch.io/t/324467/official-indie-game-making-competition-2018-faq

Can we get the rules updated as well?

Will do.