HT Games

Buying Video Game Intellectual Property: Complete Acquisition Guide

Acquiring game IP is a complex legal and financial process. Here's the structured approach:

1. Define Scope

  • Entire franchise vs. specific title
  • Characters, lore, assets, engine, trademarks
  • License (time-limited) vs. assignment (perpetual ownership)

2. Initiate Contact

  • Identify IP licensing/BD contact (LinkedIn, corporate site, industry events)
  • Submit LOI (Letter of Intent) with scope, vision, and credentials

3. Negotiate Terms

  • Rights Scope: Platforms, territories, derivative works, sublicensing
  • Financials: Upfront fee, royalties (%), minimums, audit rights
  • Exclusivity: Exclusive vs. non-exclusive
  • Quality Control: Approval rights, brand guidelines
  • Reversion Clauses: Conditions for rights return

4. Due Diligence

  • IP ownership verification (chain of title)
  • Existing licenses/encumbrances
  • Market valuation (comparable deals, revenue projections)
  • Legal/financial audit

5. Alternatives

  • Licensing (lower cost, less control)
  • Joint venture (shared risk/reward)
  • Work-for-hire new IP (inspired by, not derivative)

Engage an entertainment IP attorney early. Budgets range from $10K (minor assets) to $100M+ (major franchises).


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