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Video Game Law Video Game Law 2019 Edition LawPracticeCLE Unlimited All Courses. All Formats. All Year. ABOUT US LawPracticeCLE is a national continuing legal education company designed to provide education on current, trending issues in the legal world to judges, attorneys, paralegals, and other interested business professionals. New to the playing eld, LawPracticeCLE is a major contender with its oerings of Live Webinars, On-Demand Videos, and In-per- son Seminars. LawPracticeCLE believes in quality education, exceptional customer service, long-lasting relationships, and networking beyond the classroom. We cater to the needs of three divisions within the legal realm: pre-law and law students, paralegals and other support sta, and attorneys. WHY WORK WITH US? At LawPracticeCLE, we partner with experienced attorneys and legal professionals from all over the country to bring hot topics and current content that are relevant in legal practice. We are always looking to welcome dynamic and accomplished lawyers to share their knowledge! As a LawPracticeCLE speaker, you receive a variety of benets. In addition to CLE teaching credit attorneys earn for presenting, our presenters also receive complimentary tuition on LawPracticeCLE’s entire library of webinars and self-study courses. LawPracticeCLE also aords expert professors unparalleled exposure on a national stage in addition to being featured in our Speakers catalog with your name, headshot, biography, and link back to your personal website. Many of our courses accrue thousands of views, giving our speakers the chance to network with attorneys across the country. We also oer a host of ways for our team of speakers to promote their programs, including highlight clips, emails, and much more! If you are interested in teaching for LawPracticeCLE, we want to hear from you! Please email our Directior of Operations at [email protected] with your information. Be advised when speaking for LawPracticeCLE, we require you to provide the bellow items related to your course: 1. A Course Description 2. 3-4 Learning Objectives or Key Topics 3. A Detailed Agenda 4. A Comprehensive PowerPoint Presentation CONTACT US 11161 E State Road 70 #110-213 941-584-9833 www.lawpracticecle.com Lakewood Ranch, FL 34202 LAWPRACTICECLE UNLIMITED LawPracticeCLE Unlimited is an elite program allowing attorneys and legal professionals unlimited access to all Law- PracticeCLE live and on-demand courses for an entire year. LawPracticeCLE provides twenty new continuing legal education courses each month that will not only appeal to your liking, but it will also meet your State Bar requirement. Top attorneys and judges from all over the country partner with us to provide a wide variety of course topics from basic to advanced. Whether you are a paralegal or an experienced attorney, you can expect to grow from the wealth of knowledge our speakers provide. COURSE CATEGORIES A View From The Bench Estate Planning Paralegal Studies Animal Law Ethics, Bias, and Professionalism Personal Injury Law Bankruptcy Law Family Law Practice Management & Trial Prep Business Law Federal Law Real Estate Law Cannabis Law Food and Beverage Law Religious Law Construction Law Gun Law Social Security Law Criminal Law Health Law Specialized Topics Cybersecurity Law Immigration Law Tax Law Education Law Intellectual Property Law Technology Law Employment Law Insurance Law Transportation Law Entertainment Law Nonprot Law Tribal Law More Coming Soon ... ACCREDITATION LawPracticeCLE will seek approval of any CLE program where the registering attorney is primarily licensed and a single alternate state. The application is submitted at the time an attorney registers for a course, therefore approval may not be received at the time of broadcasting. In the event a course is denied credit, a full refund or credit for another Law- PracticeCLE course will be provided. LawPracticeCLE does not seek approval in Illinois or Virginia, however the necessary documentation to seek CLE credit in such states will be provided to the registrant upon request. ADVERTISING WITH LAWPRACTICECLE At LawPracticeCLE, we not only believe in quality education, but providing as many tools as possible to increase success. LawPracticeCLE has several advertising options to meet your needs. For advertising and co-sponsorship information, please contact the Director of Operations, Jennifer L. Hamm, [email protected]. CHECK US OUT ON SOCIAL MEDIA Facebook: www.facebook.com/LawPracticeCLE lnstagram: www.instagram.com/lawpracticecle Linkedln: www.linkedin.com/company/lawpracticecle Twitter: www.twitter.com/LawPracticeCLE Zachary Strebeck Video game and board game lawyer representing small and medium-sized game companies throughout the industry. • runs the Game Lawyer Blog • hosts the Legal Moves podcast • spoken at a number of games industry conventions and events • taught multiple video game law CLE programs Contact: [email protected] 01 - the games industry 02 - video game law? AGENDA 03 - company formation 04 - intellectual property 05 - game contracts 06 - privacy law 07 - terms of use/EULAs AGENDA 08 - gambling law 09 - esports “In 2018 the industry was worth just shy of $135 billion. The $134.9 billion market value marks a 10.9% increase over 2017.” - Newzoo, market analyst firm, as shared with GamesIndustry.biz 60% of Americans play video games every day number of video game players 150 million in the US worldwide video game players 2.2 billion 1/3 of total global population average player age 34 (72% are over 18 years old) Video Game Law? • Corporations/business law • Securities law • M&A • Intellectual property and Licensing • Contract law • Employment law • Regulatory law • Privacy law • Tax law page 010 Marketing to Game Clients • Content Marketing • Blogging/Guest Blogging • In-person at Game Conventions • Panels and Q&As • Reddit, other forums • Social Media Marketing page 011 Learning about the industry • gamasutra.com • gamesindustry.biz • kickstarterlessons.com • reddit.com/r/gamedev page 012 Your clients • What kind of clients do you work with in video games? • What are your client’s goals? • What are they looking for in a lawyer? page 013 Forming a game studio • Different business entities • What kind of entity to form? • Where to form the entity? • Limiting liability page 015 Forming a game studio • Dividing ownership in a game studio • Even split? • “Dead Equity” issues • Dynamic Equity splits • The importance of Vesting ownership page 016 Forming a game studio • Before you draft – make sure everyone’s on the same page • Shared and Secret questionnaires • What is the company’s business model? • How will it be financed? • What are each member’s responsibilities? • How will ownership be divided? • What’s the exit strategy? Is there one? page 017 Forming a game studio – Red Flags • Do the founders trust each other? • Do they have a solid business plan? • Is there good communication between founders? • Do they all understand the target market and the costs involved in developing the game? • Do they have different answers to the questionnaire questions? • Are each founders’ expectations realistic? page 018 Forming a game studio – Financing • What do they need money for? • Types of financing • Crowdfunding • Publishers • Securities Issues page 019 Intellectual Property • What is Intellectual Property? • Types of IP and what they protect: • Patents • Trademarks • Copyright • Trade Secrets page 021 Intellectual Property - Patents • Protect ideas, inventions, processes, etc. • Must be 1) useful, 2) non-obvious, and 3) novel • Not really common with game startups, unless they do hardware or some novel software • Usually, there really isn’t any novel technology in video games that’s worthy of patent protection • Alice Decision page 022 Intellectual Property – Patent Costs • Extremely Simple Patent - $7,000 to $8,250 • “Software Related” - $16,000 and up • Plus drawings, filing fees, etc. • Provisional Patent – much cheaper, gives you 12 months to file your Non-Provisional Patent • Confidentiality agreements and invention assignments page 023 Intellectual Property - Trademarks • Two-fold protections – consumers and trademark owners • Protects words, slogans, and logos • Word or Design marks, as well as certification marks, service marks, trade dress • Why is it so important? page 024 Intellectual Property - Trademarks • Benefits of trademark registration • USPTO and state registrations • International registrations page 025 Intellectual Property - Trademarks • Trademark distinctiveness scale: • Fanciful • Arbitrary • Suggestive • Descriptive • Generic • Is your client’s trademark registrable? • Counseling clients on choosing a trademark page 026 Intellectual Property - Trademarks • What can you register? • Game name • Company name • Game logo • Company logo • Slogans associated with the game or company page 027 Intellectual Property - Trademarks • Trademark Clearance Search • USPTO • EU • WIPO Brand Database • Google • Steam • App Stores • Itch.io, Game Jolt • Board Game Geek page 028 Intellectual Property - Trademarks • USPTO registration tips: • Video games are in Class 9 • Role Playing Game books in Class 16 • Board games/toys are in Class 28 • Online services (online games) in Class 41 • Video game development services in Class 42 page 029 Intellectual Property - Trademarks • USPTO registration tips: • How to describe your client’s goods/services • Logo/design mark descriptions • Intent to use applications page 030 Intellectual Property - Copyright • What does copyright
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