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[MECH6]

Closed

[ink.inc]

wat did dev actually do

afaik if there werent any contracts in place theres nothing they can do about shit unless you're using something that they made (warning, not a legal expert)

[MECH6]

I guess that's the issue. The programmer made the code. The artist made the art. The game wasn't TOO far along, so what did the designer(s) do? If they came up with the title, do you scrap the title? Etc etc.

[WildFactor]

Things said in emails have some legal value (depend of the country of course).
Even things said in conversation can also have some value (but you need to have some good witness)
If there is no contract, you can replace everything he has made by someone who has not been in contact with the original code and you should be fine.
Of course it's better if you ask a lawyer.

[Cheesegrater]

If he contributed something others built on (say, a concept sketch of the frog, or the idea for the game mechanic you're using) then he has an argument that the other people's work is a derivative work, and he could have partial ownership - this is similar to the situation with Shawn McGrath and Fez you might remember from Indie Game: The Movie.

Did the corporation ever pay him a salary? Even a token one, or living expenses? If so you can probably argue that his stuff was work for hire and the corporation owns it, then he's just an owner to the extent that he may own shares in the corporation.

Either way you'll need to see an IP lawyer, because the more successful your game is, the more money is on the line, and the more incentive there would be to get the legal system involved.

[Fallsburg]

What is the makeup of the corporation?  Is he a partial owner? Was there any understanding about profit disbursement in place?

Although, honestly the answer is simply, talk to a lawyer who is versed in IP law and startup law.

[joe_eyemobi]

That's an interesting thread.  While we don't want to spend a ton of money on formal contracts, it's still probably good to have something in place like a simple Memorandum of Understanding for indie teams. 

You've probably all seen Indie Game the Movie and what happened with Phil Fish when his partnership went sour 

On that note, does anyone know of a template for a MOU aimed at indies?