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Games

Helping you unlock the potential of games

The video games sector is exciting, fast-moving, and constantly innovating. We know because our lawyers play too. Our experience covers the journey of the game lifecycle, including game development, financing, distribution, marketing and sponsorship.

We support a range of players working within console/PC gaming, mobile gaming, online services, AR, VR, blockchain, esports, and more. 

We’re passionate about the video games sector and would be delighted support you with our sector-specific expertise outlined below.

Whether you’re a large publisher, developer, finance company, indie studio, SME or start-up, you will benefit from our international reach across key gaming markets and one firm approach. 

We provide regular commentary on issues affecting the video games sector on our MediaWrites blog. Get in touch with the team to find out how we can help you. 

Design

Embark on your game development journey with confidence. Whether it's regulatory advice, contracts, clearance, or general business support, we have you covered with our tailored legal services. So you can focus on bringing virtual worlds to life.

Launch

Effortlessly bring your game to market. We’ll support you with the unique legal challenges of a game launch. Let us advise on data protection, consumer rights, finance and marketing so you can ensure your game is a success from launch to legacy.

Grow

Elevate your game to new heights of popularity. Our global reach and video game expertise is designed to support you in amplifying your global presence with merchandising, sponsorship, esports, celebrity endorsements and corporate transactions.

Accolades

"Best known for its strength in tech-related matters, Bird & Bird LLP's media, entertainment and sports group advises video game companies on game developments, data regulation, as well as commercial challenges and opportunities."

Recognised for client satisfaction, Tier 2 Firm, Video Games Legal 500

"Focused on commercial and contractual matters, Will Deller assists with games publishing and development agreements, while Phil Sherrell specialises in media and IP law."

Recognised for client satisfaction, Tier 2 Firm, Video Games Legal 500

Phil Sherrell - Hall of Fame, Will Deller - Next Generation Partner, Matt Buckwell - Key Lawyer

Recognised for client satisfaction, Tier 2 Firm, Video Games Legal 500

Commercial
  • Contracts (e.g., NDAs, publisher agreements, sponsorship agreements, licensing arrangements, talent agreements)
  • Age rating and classification
  • Gambling regulation (e.g., in-game promotions) 
  • Business-to-consumer terms (e.g., EULAs, website terms, terms of service, subscription contracts, platform terms)
Consumer protection and advertising
  • Games trailers, ads and expos
  • Virtual currencies, in-game transactions, loot boxes
  • Sales, promotions, discounts advice
  • Influencer marketing
  • Prize promotions for marketing game (competitions, prize draws)
  • Regulatory investigatory work (CMA / ASA)
Corporate
  • M&A within the games sector
  • Venture capital financing 
  • Asset acquisitions (e.g., individual titles, IP) and business spin outs
  • IPOs and capital markets related work
  • Corporate restructuring and company set-up (including governance related advice)
  • Joint development related structures for (e.g., the development of gaming technology or titles)
Data protection and privacy
  • Launch advice, including privacy notices, data processing agreements, international transfers
  • Responding to data subject rights
  • User interface design
  • Children’s data and age assurance/parental controls
Employment and immigration
  • Complex multi-jurisdictional workforce restructurings in games/esports entities
  • Immigration services: 
  • Coordinating immigration permissions for pro gamers (and other gaming talent) to participate in international tournaments
  • Advising on work visa options for players in countries with esports visas or the inclusion of pro gamers in existing sports visa categories.
  • Esports tournaments and events: advising on employment law aspects (e.g. temporary work agreements, TUPE issues arising out of services contracts)
  • Drafting of employment/services agreements
  • Employment status and related benefits/obligations
  • Disciplinaries, grievances and investigations (e.g. misconduct, discrimination, harassment)
  • Talent management (e.g. restrictions on personal endorsement, post-termination restrictions, incentives, career planning)
  • Employment of minors and safeguarding considerations
  • Transfer of workforces in M&A
     
Financial and payment services
  • Adopting payment methods (e.g., cards, open banking)
  • Analysing digital currency under e-money regulations and payment services regulations
  • Recurring payments and issues regarding chargeback claims and refunds 
  • Complying with customer authentication requirements imposed by payment processors/card acquirers
  • Regulation of deferred payment or buy now pay later products
  • If digital currency or gaming items are minted on a blockchain network, navigating regulatory frameworks on crypto-assets and financial promotion restrictions
Intellectual property
  • Brand protection & clearance (e.g., marks for games)
  • Trademark enforcement (e.g., use of marks and logos in games)
  • Cross-border copyright enforcement (e.g., copyright in software, sale of cheat software, etc) 
  • IP licences & licence disputes (litigation / arbitration)
     
Online safety
  • Rules on user-generated content
  • Content removal requirements, notice and take down (illegal content, harmful content)
  • Risk assessments
  • Transparency, accountability, and freedom of expression duties
  • Protection of minors (e.g., in-game chat, social networks, in-game spend) 
Technology
  • Licensing technologies
  • App development agreements 
  • Blockchain, NFT and Metaverse
     

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