On 6 February, Nick Allan (partner in our DCC team and head of the Interactive Entertainment practice at Lewis Silkin) hosted the next session in our A&M Series, covering all the key issues which brands and publishers need to consider when using online games as part of their marketing strategy.

Nick started the session by highlighting the opportunities which online games present for brands looking to exploit this medium for advertising purposes. Global revenue in the games industry totalled $184 billion in 2023, with 3.3 billion players worldwide (the majority of which are based in the Asia Pacific region). Mobile games make up 49% of the market and can be used by brands to supplement product launches or simply drive brand awareness. 

The remainder of the session focussed on the most important issues which brands need to consider when contracting with developers to create a game. From the key contractual provisions to intellectual property considerations and regulatory compliance, Nick’s top tips were:

• When using a platform to host your game, ensure that you understand the platform’s terms of use
• Hold developers to account and consider ownership of any intellectual property in the game (noting that IP risk varies based on territory)
• Avoid infringing intellectual property rights in other games and media and make sure to get contractual indemnities for the same
• Understand that games aimed at children are higher risk and platform age restrictions can be a tricky area to navigate
• Seek advice to ensure that you are in the best position from a contractual, IP, and regulatory perspective!

If you missed this session and would like to view materials from the presentation, and the recording, please get in touch with our events team. 

Of course, if you’d like to speak to Nick about any of the issues raised in this session, please do get in touch.