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Re: How to make a deal with a publisher!
[Re: ISG]
#166524
11/09/07 17:22
11/09/07 17:22
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Joined: Oct 2004
Posts: 290
Latvia
Leonardo
OP
Member
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OP
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Joined: Oct 2004
Posts: 290
Latvia
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OK, this will be my last post, because I have already decided the way to go, but I just wanted to mention, that what spooked me from the publisher, was the fact that he didn't offer me to sign any NDA. I was supposed to send in the game first! With that said, may this thread R.I.P 
"Things of the mind left untested by the senses are useless."
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Re: How to make a deal with a publisher!
[Re: Leonardo]
#166525
11/09/07 18:21
11/09/07 18:21
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Joined: Mar 2003
Posts: 5,377
USofA
fastlane69
Senior Expert
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Senior Expert
Joined: Mar 2003
Posts: 5,377
USofA
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Quote:
that what spooked me from the publisher, was the fact that he didn't offer me to sign any NDA
It's the person that has the rights that would ask for an NDA/NUA, not the other way around. Now I have to say, if you asked them for a NUA and they refuse, then walk away... there should be no reason for a publisher to not sign this. Refusing to sign a NDA is a bit trickier... since they will deal with many games in the future, they may not want to sign a NDA on one game that will prevent them from signing or discussing other games. Depends on how you word the NDA but a NUA is really a no-brainer in the initial stages of dealing with a publisher.
Good luck Leonardo. You have taken a huge step by drawing the attention of a publisher and that is something that not many people have done. Hopefully you can work it out with Funvertising and if not, there are plenty of more fish in the sea!! 
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Re: How to make a deal with a publisher!
[Re: Leonardo]
#166526
11/13/07 19:19
11/13/07 19:19
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Joined: Feb 2006
Posts: 2,185
mpdeveloper_B
Expert
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Expert
Joined: Feb 2006
Posts: 2,185
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Quote:
Well the reply to Funvertising and the others is that I have the game demo, just look in the Showcase I thread, it is available for download to anyone. And second of all, "money before getting the item" is standard practice, just look at eBay if you want an example. In summary of all this - I have a demo and I can sign a deal.
ehmmm...no, when you send in for a publisher, unless it is a big name company, and you aren't a indie developer, you won't get paid before, you get paid by sells. If they pay you before they recieve your game, how is it a guarantee that they will make the amount that they gave you from sells, and not only that, if they pay you before and make lots of money off of it and you wanted a cut, you would have lost the cut to begin with...
my suggestion is this, when it comes to publishers, you sign a contract that promises that both sides will not do anything out of line (i.e. you getting paid more, or the publisher not paying you) and if there is a breach of contract, it's enough to resort to legal action....
Leonardo, you can't expect a publisher to think your game is so great by a demo, the fact is the publisher needs to play through the game to make sure they will publish it, and it is up to their standards, you just have to make them agree that if they don't publish it, they remove it from their systems and leave it alone, but don't expect a publisher to think your game is great from a simple demo, and don't piss of a possible publisher when they offer their services (aka funvertising)....
- aka Manslayer101
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Re: How to make a deal with a publisher!
[Re: mpdeveloper_B]
#166527
11/13/07 23:51
11/13/07 23:51
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Joined: Oct 2004
Posts: 290
Latvia
Leonardo
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OP
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Joined: Oct 2004
Posts: 290
Latvia
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I'm not pissing anybody off, I'm just not that experienced in this field, (yes, I admit it!) so of course I have a lot of doubts, verified or otherwise. And speaking from a personal experience with contracts, I just don't trust them, especially if they are made between people who are separated by miles and miles of land, or ocean. They just don't offer me the satisfactory protection I want, because, as I mentioned, if the contract is broken, I have a job, I study and I also create games - I have lots more stuff to do, then spend my time in a courtroom! My view of the world as a Latvian, is very much different from yours, I don't trust anyone - that is just the country I live in, whether I like it or not. If you look at my last post, you'll see that I already came up with an idea that works for me and the publisher, even without any NDA's or whatever - a trial version! And I believe it's good, because that was the reason of this topic anyway, to help me come up with this idea.
"Things of the mind left untested by the senses are useless."
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Re: How to make a deal with a publisher!
[Re: Leonardo]
#166528
11/14/07 00:33
11/14/07 00:33
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Joined: Mar 2003
Posts: 5,377
USofA
fastlane69
Senior Expert
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Senior Expert
Joined: Mar 2003
Posts: 5,377
USofA
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Quote:
If you look at my last post, you'll see that I already came up with an idea that works for me and the publisher, even without any NDA's or whatever - a trial version!
But it won't work though. The publisher isn't buying a trial version, they are buying the full version. They need to see the entire product before they purchase.
Quote:
personal experience with contracts, I just don't trust them,
Ummmm.... how do you expect to get ANY company to buy your product then? This is silly, Leonardo and here's why: there are no latvian game publishers that I know of. Hence any publishing deal will be outside your country. NO publisher is going to give you money without a contract, especially international companies. Hence if you want to get a publishers money, you will have to enter into a contract with them... and if a publisher is willing to give you money without a contract, then you just KNOW there is something fishy!
Based on what you are saying, there is only one solution for you: eCommerce. Build your own website, put your game up for sale, and do as you please. This way you won't have to deal with contracts or anything!
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Re: How to make a deal with a publisher!
[Re: fastlane69]
#166529
11/14/07 14:14
11/14/07 14:14
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Joined: Mar 2002
Posts: 1,835
Minneapolis, Minnesota, USA
Nardulus
Serious User
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Serious User
Joined: Mar 2002
Posts: 1,835
Minneapolis, Minnesota, USA
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@Leonardo
Please take Fastlanes advice to heart. He is spot on in what he has be saying.
Think of a contract as something that is used when the Sh*t hits the fan, which it invariably does.
A contract is the only legal mechanism you and your publisher have to enforce the agreement, with out it, you really do not have an agreement.
There are plenty of creative ways to work with publishers, but please get the agreement in writing (contract) before you release your game, rights, etc.
Ken
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