Unit 13 - Assignment 5 - Understand contractual, legal and ethical obligations within

Gulshan Golechha - Assignment 5 - Understand Contractual, Legal And Ethical
Obligations
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Assignment 5 - Understand Contractual,
Legal And Ethical Obligations Within
Games Industry.
Date : 10-09-2012Gulshan S. Golechha

Contract
Contract :-
“A contract is an exchange of promises between two or more parties to do
or refrain from doing an act which is enforceable in a court of law”.
- By signing a contract then you are agreeing to all the information within the
contract.
- Most contracts would need to be written for security reasons.
- Within a contract it will have the issues of intellectual properties (IP).
- A contract is based on consent, parties have to express their consent.
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Types Of Contracts
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Employment Contract.
Development Contract.
License Contract.
NDA (Non-Disclosure
Agreements)
Collaboration Contract.

Employment Contracts :–
The purpose of this contract is
- What the company expects you to do for the company.
- And what the company will do for you in return.
Development Agreements :-
Game publishers often hire game developers to create games for them.
- Terms- a.) How much the publishers will pay the developer,
b.) What timeframe the developer has to develop the game,
c.) And if there will be royalties, what the royalty rate.
- Ownership- It's important to clarify whether the publisher own the
IP or the developers own it.
- Warranties- a.) It won't use anybody else's source code,
b.) The publishing company has to swear that it has the
right to ask the developer to create this particular game.
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License Agreement :-
“ When a publisher wants to make a game about a movie or
something, the publisher and the movie IP owner execute a contract spelling
out the terms of the license. ”
NDA and Confidentially Agreements :-
“ Non-Disclosure Agreements, Disclosure Agreements, and
Confidentially Agreements are, in order to do business with the other party,
has to divulge (disclose) a secret of some kind, and has to tell this secret to
the other party. The other party agrees not to disclose the information- to
keep it confidential- else damage will be the result to the first party. ”

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Collaboration Agreements :-
“A collaboration agreement sets forth in clear terms how the indie or
hobby project is managed and controlled, who owns the IP, how the game is
intended to be used, how any possible income is to be handled, and how
termination of the project is to be governed. ”
- Lot of people are building indie games or hobby games.
- Games that might or might not ever generate any money.
- The majority of hobby and indie projects fail, and a huge factor in
those failures is who owns what, who's supposed to do what and
who's going to get what.

Intellectual property (IP) :-
“ Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols, names, images, and
designs used in commerce.”
- IP is divided into two categories:
a.) Industrial property : which includes inventions (patents),
trademarks, industrial designs, and geographic indications of source.
b.) Copyright : which includes literary and artistic works such as
novels, poems and plays, films, musical works, artistic works such as
drawings, paintings, photographs and sculptures, and architectural designs.
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Legal

• Copyright :-
“ Copyright is a legal means of protecting an author's work. ”
- It is a type of intellectual property that provides exclusive
publication, distribution, and usage rights for the author.
- This means whatever content the author created cannot be used or
published by anyone else without the consent of the author.
Examples include books, poems, plays, songs, films, and artwork.
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• Trademark :-
“ A trademark is a distinctive sign or indicator used by an individual,
business organization, or other legal entity to identify that the products or services to
consumers with which the trademark appears originate from a unique source, and to
distinguish its products or services from those of other entities. ”
• A trademark may be designated by the following symbols:
™ (for an unregistered trade mark, that is, a mark used to promote or brand
goods)
• ℠ (for an unregistered service mark, that is, a mark used to promote
brand services)
• ® (for a registered trademark)
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• Patent :-
“The term patent usually refers to an exclusive right granted to anyone who
invents any new, useful, and non-obvious process, machine, article of manufacture,
or composition of matter, or any new and useful improvement thereof, and claims that
right in a formal patent application. ”
- A patent is a form of intellectual property.
- It consists of a set of exclusive rights granted by a sovereign state to an
inventor.
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Ethics :-
“ The Science of Morals in human conduct is called ethics. Morals are
concerned with the goodness or badness of character. The principles of what is right
and what is wrong is called moral. ”
- Recognize how new video games are ethically affecting people who
play them.
- The ethical issues of video gaming that influence many people,
include:
a. Violence b. Rating
c. Education d. Stereotyping
e. Addiction
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Ethics

Violence :-
There are many games involving violent acts as well as other content related
to violence. This may lead people to believe that playing these types of video
games can cause a person to be more violent.
- Violent Video Game Effects on Children and Adolescents.
Rating :-
It helps the parents of young children to pick the right game for their kids.
Education :-
An educational computer game can be defined as an electronic medium
with all the characteristics of a gaming environment that have intended
educational outcomes targeted at specific groups of learners.
Stereotyping :-
Through Stereotyping, the video game industry focuses towards men more
than women, therefore, many people think it's stereotyping against women.
Addiction :-
Participating in an immense amount of time in video game play have caused
people to be addicted to it.
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REFERENCES
Web Sites :-
- http://www.techterms.com/definition/intellectualproperty
- http://hsunit13.blogspot.in/2012/05/contractual-legal-ethical-and.html
- http://paddylynch.blogspot.in/2010/01/understanding-computer-games-
industry.html
- http://metwo.blog.com/legal-and-ethical-obligations-in-the-games-industry-
pegi/
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Unit 13 - Assignment 5 - Understand contractual, legal and ethical obligations within

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Unit 13 - Assignment 5 - Understand contractual, legal and ethical obligations within