The checklist#
| Area | Clause | Good looks like | Red flag |
|---|---|---|---|
| Money | Net receipts definition | Platform payouts minus refunds and taxes only | Extra 'distribution' or admin fees deducted |
| Money | Recoupable items | Written list: dev funding, agreed marketing | Overheads, salaries, travel recoupable |
| Money | Studio share during recoup | 10–20% from the first sale | 0% |
| Money | Split after recoup | 60/40 to 70/30 for the studio | Below 50/50 without a reason |
| Money | Recoup multiplier | None, or 1.0× | ≥ 1.5× without a better split |
| Money | Stepped splits | Studio share rises at revenue thresholds | Steps that favour the publisher at scale |
| Money | Payment timing | Monthly or quarterly, within 30–45 days | Annual, or 'when received' |
| Money | Milestone payments | First on signature, rest on acceptance | Large back-loaded final payment |
| Money | Inference / runtime costs | Explicit: who pays, for how long, recoupable or not | Silent |
| Rights | IP ownership | Studio | Assigned to publisher |
| Rights | Sequels and derivatives | Studio's; at most a first negotiation right | Publisher option on all sequels |
| Rights | Engine, tools, model fine-tunes | Studio's | Claimed as deliverables |
| Rights | Platform scope | Only platforms the publisher will actually ship | All platforms, worldwide, forever |
| Rights | Term | 5–7 years | Life of copyright |
| Rights | Reversion | Rights return if receipts fall below a floor | No reversion |
| Rights | Player data and training rights | Defined, consistent with privacy policy | Undefined |
| Process | Milestone definitions | Specific, playable, co-written | Vague, publisher-defined |
| Process | Acceptance window | 10 business days with written reasons | Open-ended |
| Process | Re-scoping | Expected; process defined | Missed milestone = breach |
| Process | Creative approval | Studio leads; publisher consults | Publisher approval on creative changes |
| Process | Model changes | Studio approves (personality changes) | Publisher can swap models unilaterally |
| Process | Marketing commitment | Number or % of budget, in writing | 'Commercially reasonable efforts' |
| Process | Launch date control | Joint decision | Publisher sole discretion |
| Reporting | Revenue statements | Platform-level detail, quarterly or better | Totals only |
| Reporting | Audit rights | Annual, at publisher's cost if discrepancy >5% | None |
| Reporting | Live dashboard | Read access to sales data | None |
| Exit | Termination for convenience | Both sides, with defined payout | Publisher only |
| Exit | Unpaid milestones on termination | Paid for work done | Forfeited |
| Exit | Insolvency of publisher | Rights revert automatically | Rights pass to creditors |
| Exit | Model/provider shutdown | Migration path funded | Not addressed |
| Legal | Governing law and venue | Neutral or studio's | Distant venue that's costly for you |
| Legal | Liability caps | Mutual, proportionate | Studio uncapped |
Four rows are specific to AI-native games: inference costs, model fine-tunes, model changes and provider shutdown. A conventional template won't have them, and they're where the surprises live after launch.
If you can only win five#
Negotiation capital is finite. In order of financial impact for a typical indie deal:
- Studio share during recoup. It moves the break-even point against self-publishing from 1.0B to 1.5B at a 15% share. See the waterfall maths.
- Net receipts definition. A hidden 10% admin fee is a 10% cut to everything.
- IP and sequels. Small in year one, decisive by year five.
- Reversion. It's what lets a stalled game get a second life.
- Inference terms (AI-native games). Recoupable inference makes a popular game recoup more slowly.
Plain-text version#
[ ] Money Net receipts definition
good: Platform payouts minus refunds and taxes only
flag: Extra 'distribution' or admin fees deducted
[ ] Money Recoupable items
good: Written list: dev funding, agreed marketing
flag: Overheads, salaries, travel recoupable
[ ] Money Studio share during recoup
good: 10–20% from the first sale
flag: 0%
[ ] Money Split after recoup
good: 60/40 to 70/30 for the studio
flag: Below 50/50 without a reason
[ ] Money Recoup multiplier
good: None, or 1.0×
flag: ≥ 1.5× without a better split
[ ] Money Stepped splits
good: Studio share rises at revenue thresholds
flag: Steps that favour the publisher at scale
[ ] Money Payment timing
good: Monthly or quarterly, within 30–45 days
flag: Annual, or 'when received'
[ ] Money Milestone payments
good: First on signature, rest on acceptance
flag: Large back-loaded final payment
[ ] Money Inference / runtime costs
good: Explicit: who pays, for how long, recoupable or not
flag: Silent
[ ] Rights IP ownership
good: Studio
flag: Assigned to publisher
[ ] Rights Sequels and derivatives
good: Studio's; at most a first negotiation right
flag: Publisher option on all sequels
[ ] Rights Engine, tools, model fine-tunes
good: Studio's
flag: Claimed as deliverables
[ ] Rights Platform scope
good: Only platforms the publisher will actually ship
flag: All platforms, worldwide, forever
[ ] Rights Term
good: 5–7 years
flag: Life of copyright
[ ] Rights Reversion
good: Rights return if receipts fall below a floor
flag: No reversion
[ ] Rights Player data and training rights
good: Defined, consistent with privacy policy
flag: Undefined
[ ] Process Milestone definitions
good: Specific, playable, co-written
flag: Vague, publisher-defined
[ ] Process Acceptance window
good: 10 business days with written reasons
flag: Open-ended
[ ] Process Re-scoping
good: Expected; process defined
flag: Missed milestone = breach
[ ] Process Creative approval
good: Studio leads; publisher consults
flag: Publisher approval on creative changes
[ ] Process Model changes
good: Studio approves (personality changes)
flag: Publisher can swap models unilaterally
[ ] Process Marketing commitment
good: Number or % of budget, in writing
flag: 'Commercially reasonable efforts'
[ ] Process Launch date control
good: Joint decision
flag: Publisher sole discretion
[ ] Reporting Revenue statements
good: Platform-level detail, quarterly or better
flag: Totals only
[ ] Reporting Audit rights
good: Annual, at publisher's cost if discrepancy >5%
flag: None
[ ] Reporting Live dashboard
good: Read access to sales data
flag: None
[ ] Exit Termination for convenience
good: Both sides, with defined payout
flag: Publisher only
[ ] Exit Unpaid milestones on termination
good: Paid for work done
flag: Forfeited
[ ] Exit Insolvency of publisher
good: Rights revert automatically
flag: Rights pass to creditors
[ ] Exit Model/provider shutdown
good: Migration path funded
flag: Not addressed
[ ] Legal Governing law and venue
good: Neutral or studio's
flag: Distant venue that's costly for you
[ ] Legal Liability caps
good: Mutual, proportionate
flag: Studio uncappedNot legal advice. Have a games-specialist lawyer review any contract before you sign.
Frequently asked questions#
What should I look for in a game publishing contract?
Net receipts definition, what's recoupable, the studio's share during and after recoup, IP and sequel rights, term and reversion, milestone acceptance, marketing commitment and audit rights. For AI games, also inference costs and model rights.
What is a reversion clause?
A clause that returns publishing rights to the studio if the publisher stops supporting the game or revenue falls below an agreed floor.