How Much Does a Video Game Attorney Cost? featured image

How Much Does a Video Game Attorney Cost?

by John DiGiacomo

Partner

Internet Law

In general, talented and experienced lawyers use three types of billing arrangements: hourly billing, flat fee, and contingency fee. These are the three “pure” billing arrangements, although some Law Firms might negotiate a “blended” fee arrangement.

Hourly billing entails your attorneys tracking their time and invoicing you for legal services based on tenths or quarters of an hour. Video game lawyers will typically charge from $300 to $600 an hour depending on the complexity of the legal issues, location, and experience of the given attorneys handling the matter. Sometimes, hourly billing will be negotiated at two rates: a higher rate for senior attorneys and a lower rate for less experienced attorneys. This is common for litigation cases since some tasks — like writing pleadings or issuing written discovery — do not require extensive legal knowledge and expertise.

Flat fee billing arrangements are typically used for “bulk repeat” tasks and for what might be called “project” legal services. For example, bankruptcy attorneys often charge a flat fee for a simple personal bankruptcy “project,” which involves consultation with the client, filing the bankruptcy petition, interacting with the Trustee and court, etc. Examples of bulk repeat services include sending out letters regarding debt collection or sending notices of copyright, trademark, or other intellectual property infringement (such as sending DMCA take-down notices to online web platforms).

Contingency fee arrangements are most often used in personal injury cases and other types of litigation. With a contingency fee arrangement, there is no fee for the attorney unless there is a settlement of the case/claim or a successful verdict in litigation. Copyright and trademark infringement claims/cases are sometimes handled on a contingency fee basis.

As for the cost of hiring a Copyright Law Firm — like Revision Legal — to register a copyright for a Video Game Name, customarily, the billing arrangement is either hourly or flat fee. If the arrangement is a flat fee, then, generally, the cost ranges from $500 to $900 based on the type of registration needed. The options include:

  • A work by one author
  • A joint work
  • A work made for hire
  • A derivative work
  • A compilation
  • A collective work
  • A unit of publication
  • And more

Registering a copyright for a Video Game Name is likely on the “less-complex” end of the spectrum. Thus, the fees will likely be on the lower end of the range. Although, in truth, you want to trademark a video game name and seek copyright for the game itself — including the story, art, and other artistic features. Registering the game and its parts is more complex and will entail higher fees. For a consultation, call Revision Legal at 231-714-0100 or 855-473-8474.

As for drafting employee contracts, such legal work is generally done via hourly billing. This is particularly true for executive and senior management employee contracts. This is a function of the skill, experience, and depth of legal knowledge necessary to draft a solid and enforceable employment contract. For example, the attorney drafting the employment contract must have knowledge of both federal and State labor laws and, indeed, legal knowledge specific to the State where the employment relationship exists.

Contact the Video Game Copyright Attorneys at Revision Legal

For more information, contact the experienced video game copyright Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

Intellectual Property Legal Work for Video Game Developers

The most common legal services video game developers need fall into three categories: intellectual property protection (copyright and trademark registration), contract drafting and review, and dispute resolution. Understanding what each type of work typically costs helps you budget appropriately.

Copyright Registration for Video Games

A video game may include multiple copyrightable components: the underlying software code, the audiovisual elements (graphics, animations, and cinematics), the musical score, the written narrative and dialogue, and character designs. The U.S. Copyright Office allows registration of the entire game as a single audiovisual work — the most cost-effective approach for most developers. Attorney fees for preparing and filing a copyright registration for a complete game typically range from $500 to $1,500. Critically, copyright registration is a prerequisite to filing a federal infringement lawsuit and is required to recover statutory damages and attorneys’ fees.

Trademark Registration for Game Titles and Characters

Your game’s title, studio name, and iconic character names should be trademarked separately from the copyright registration. Trademark registration protects the source-identifying function of these names while copyright protects the creative expression itself. USPTO filing fees for a TEAS Plus application are currently $250 per class. Attorney fees for preparing a trademark application, including a comprehensive clearance search, typically range from $1,500 to $3,500 per class.

Development and Publishing Agreements

Publishing Agreements

A publishing agreement is one of the most consequential contracts a developer will sign. These agreements define the revenue split, the intellectual property ownership structure, marketing obligations, milestone and approval processes, and termination rights. Review of a publishing agreement typically requires three to eight hours of attorney time at $300 to $600 per hour. A poorly negotiated publishing agreement can permanently strip a developer of IP ownership or lock them into an uneconomic revenue split for years.

Work-for-Hire and IP Assignment Agreements

Every contractor who contributes copyrightable content to your game must sign either a work-for-hire agreement or an IP assignment agreement. Without one, the contractor owns the copyright in their contribution under 17 U.S.C. section 201(b), and you have only a license to use it. This creates a serious problem when you go to sell the game or register the copyright. Drafting a comprehensive template agreement for a development team typically costs $1,500 to $3,000 and can be reused across multiple projects.

Dispute Resolution and Litigation Costs

If a dispute arises — a copyright infringement claim against a competitor, a breach of a publishing agreement, or an employee claiming ownership of IP they helped create — litigation costs escalate quickly. Federal copyright and trademark cases are typically handled on hourly billing at rates between $350 and $600 per hour. A relatively simple case through a settlement might cost $15,000 to $50,000 in legal fees. Cases that proceed to trial can cost $150,000 or more.

The video game attorneys at Revision Legal offer flat-fee packages for common development tasks — copyright registration, trademark clearance and registration, and standard contract templates — as well as hourly billing for complex agreements and litigation. Call us at (855) 473-8474 or contact us online to get a specific estimate for your legal needs.

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