February 2003

GETTING PUBLISHED PART 4:
Completing Your Contract Arsenal - NDAs, Employee and Consultant Agreements
By Thomas H. Buscaglia, Esquire -
[cont'd from previous page]

The above NDA is set out as an example and was not specifically drafted to apply to a developer situation. But using even a basic NDA may have some advantages. For example, it may help get that private funding source you are looking at to treat your venture with a little more respect than might have been afforded otherwise. Or it might inhibit someone considering poaching your concept from doing so.

That’s it for my initial series of GIGnews articles. I hope they have been of some help to you. I will be responding to questions over the next month while I work on my part of the White Paper that the IGDA legal group will be presenting at GDC in March. I may also host an impromptu Q&A session at GDC if enough rookie developers are interested. I submitted a topic for a presentation based on this series of articles, but the folks who run the GDC felt it was a little too basic for their target audience. Apparently most rookie developers don’t bother with (read as: can’t afford) the more expensive conference passes. As a result, attendance at entry level discussions is limited. But there are plenty of bars in San Jose where we can have our own little round table discussion on rookie developer legal and business issues if anyone is interested. 'Til then...

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BIO
Tom Buscaglia - Lawyer, Game Industry Evangelist, Producer, and Hard-core Gamer.
Tom Buscaglia is an attorney practicing technology law in Miami, Florida. In addition to obtaining his Law degree from Georgetown University in 1985, he holds a B.A. degree in Philosophy from S.U.N.Y., Buffalo, with honors in Phenomenology and the Philosophy of Law. Tom is a principal in the law firm T.H. Buscaglia and Associates in Miami, Florida, where he practices law for a living and plays computer games and philosophizes on the side. Tom’s firm’s web site is www.intelaw.com.

Tom is the Founder and Executive Director of Games-Florida, a non-profit committed to building the Computer and Video Game development industry in Florida by bringing Florida to the Game Development industry and bringing the Game Development industry to Florida. www.games-florida.org Tom has been the Chapter Coordinator for the South Florida Chapter of the IGDA since its inception several years ago, and is a moderator for the Business and Legal forum in IGDA web site, www.igda.org.

Tom is presently working on a chapter entitled "Effective Developer Contracts" for the upcoming book, The Secrets of the Game Business. Tom was a presenter at the Game Developers Conference, in San Jose, California, on  the topic of "The Phenomenology of Game Design". Tom has been a guest lecturer at Full Sail in Orlando, Florida, giving a presentation to the Game Programming students on what to look for, and look out for, in their  first employment agreement with a developer.

As an independent game producer Tom is president of BallroomGames, Inc. BallroomGames holds the exclusive license for the use of the Arthur Murray Dance Studio name and materials in conjunction with developing a series of "girl" games based on the exciting world of Ballroom Dance. www.ballroomgames.com

As FaTe[F8S] Tom is the founder and Supreme Warlord of FaTe’s Minions, an online gaming "clan" that has been competing in various online competitions since January, 1998. www.f8s.com As a "hard-core" gamer, Tom plays online on a regular basis and has a gamer's appreciation and understanding of the game industry.

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