Presentation
Recognized for several decades as a work of art and more recently as a complex entity not limited to its purely artistic dimension, video games now represent a considerable industry whose legal framework proves challenging.
Indeed, organizing the creation of a video game and coordinating the various stakeholders requires significant thought and preparation, manifested in the signing of a variety of contracts related to its design, distribution, and lifecycle: design and production, game financing, exploitation and distribution rights, player usage, and so on.
Variety of Contracts Associated with Assigned Projects
Software development or creation contracts, across all fields, necessarily include the issue of copyright transfer, which is mandatory to guarantee the smooth operation of the game once it is delivered. These contracts can be drawn up with freelance agents or through the integration of dedicated employees.
The exploitation of a video game often involves a commission from a studio, which entails drafting and negotiating a publishing contract or a video game production contract.
The distribution of games, particularly on online platforms and mobile devices, requires the signing of distribution agreements and/or partnerships with the companies operating these online sales platforms.
The launch of a video game necessarily involves preparing terms of service or an EULA (End User License Agreement) to define the rules applicable to users and players, especially when the game offers creative freedom.
The issue of the video game’s compliance and its operation with applicable data protection regulations and the GDPR may also be addressed. Auditing, drafting mandatory documents, and their regular updates are generally entrusted to external service providers—such as Data Protection Officers (DPOs) or lawyers—to certify, particularly in cases involving underage players, the absence of breaches or misconduct whose consequences can be very severe—fines, publicity of decisions, brand damage, and other sanctions.
Working in the video game industry: salaried contract
The activity of a video game studio involves integrating a variety of profiles necessary for the creation and development of games and licenses.
As a digital work, a video game is supported by lines of computer code written by programmers working on various aspects: gameplay, engine, mobile, UI/UX interfaces, XR virtual reality developers, AI (artificial intelligence) developers, etc.
The design departments involve game designers and level designers who establish, in particular, the principles and mechanics of the games, their levels of complexity and difficulty. Screenwriters are responsible for preparing, researching, and building the lore—the story, text, and dialogue of the created universe—while sound designers focus on the soundscape. All of these functions are coordinated by producers/project managers and QA testers.
The art direction team oversees all elements related to graphics, special effects, 2D or 3D animation, modeling, textures, etc.: concept/technical artist.
The longevity of video games today depends on marketing and the analysis of player behavior. As in other economic sectors, data analysts and data scientists identify and analyze user data, while brand managers, digital content creators, and community managers generate and organize the distribution of content related to the video game. Partnerships with influencers and sponsors complement the game’s promotion.
Contracts typically include clauses regarding the transfer of rights to the created works. This assignment must be in writing, otherwise it will be deemed null and void by the judge: it must list all the rights assigned, their scope and duration of exploitation, as well as the purpose of the assignment. If the assignment is found to be null and void, the consequences can be disastrous for the video game publisher, who could be sued for copyright infringement.
As a reminder, it is impossible to assign the creation of future works in advance. While stipulated in Article L131-3 of the French Intellectual Property Code, its interpretation is tempered by the courts, as the formal requirements are generally only applicable to publishing, performance, audiovisual production, and performance authorization contracts. A recent decision by the Montpellier Court of Appeal has cast doubt on the application of these formalities to shareholder agreements. See the analysis of the decision.
Salaries in the video game industry vary depending on experience and the responsibilities of the assigned tasks. Positions such as marketing director, technical director, online programmer, lead programmer, art director, mobile programmer, executive producer, business developer, creative director, monetization manager, XR developer, and data scientist can command salaries starting at €4,500, while younger profiles—such as video game tester, manager, editor, game master, level designer, game designer, sound designer, graphic designer, VFX artist, and UI designer—generally start at €2,500 per month.
