Doing the Deal

If you've reached this point, congratulations are in order. A publisher thinks your game is good enough to take to market, and that's a huge endorsement from the people whose opinion counts when it comes to making money from games. Now it's time to do the deal.

I'll be honest with you here: Publishers in the PC game industry are not renowned for their commitment to help new developers break into the industry, nor are they particularly fair about it. However, given the short development timeframe for J2ME games, mobile game publishers need developers to produce multiple titles to be successful, and to do that they need to build a strong relationship with you over the long term. This means they'll be more likely to give you a good deal, treat you with respect, and not try to screw you over legally.

The next step is to get a lawyer. Unless you're pretty experienced legally and you can properly digest (and understand the implications of) a contract, I recommend you invest in some professional help. If you're not sure whether you can do it yourself, then you definitely need a lawyer. When searching for a lawyer look for someone experienced in game developmentnot just the local guy or someone your dad used once.

Once you're ready legally, there are some basic things you need to consider before signing the deal.

A lawyer will give you the details you need to handle the contract. However, there are a few things particular to game contracts worth mentioning.

• Multiple games. Never let a contract extend over more than one game. Ever! Always retain the option to renegotiate for any new games. There's no problem giving away a first right of refusal, which means the publisher gets a chance to bid for anything new you make, but there should never be an automatic agreement for any future games. Even if you've done a bad deal, J2ME games are small enough that you get a second chance on your next game.

• Naming rights. Make sure your name is included in any reference to the game, including any promotion. Basically, whenever the publisher refers to your game, they have to say your company's name as well. This will maintain your independence and help you build brand.

• Other rights. Be careful about giving up any rights other than the J2ME game. Any other use of the property, such as game ports or other content development, should be subject to a new agreement. Always retain the copyright to your material.

• Exclusivity. Some publishers will request that you give them exclusivity (with lots of creative reasons as to why they absolutely must have it). There are two key dangers with doing this. First, if for some reason the publisher behaves poorly or even just loses interest, you have no recourse; your game is basically dead in the water. Second, publishers perform far better under pressure of competition. Even if you don't use other publishers, the threat of you being able to do so should serve to keep them working for you. If you want to give exclusivity (and sometimes it can work to your advantage to have a publisher committed to your product), then limit the time of this option to six months at most.

• Ter mination option. A related option to exclusivity is an out clause for you as the developer. Try to get an option to be able to back out of the deal if the publisher doesn't reach set performance levels.

The main thing to remember when doing a deal is not to rush things. If you're not sure about something, get in contact with some other developers and ask their advice. It's exciting to be offered a deal, but don't let your enthusiasm guide you into a bad deal.