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Doing Business with Europe: A Survivor's Guide
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Doing Business with Europe: A Survivor's Guide,
2100

Business and Legal, Lecture

Vincent Scheurer
Founder, Sarassin LLP
Commercial relationships between games companies in the U.S. and Europe can be complicated by the different cultural and legal principles which apply in each party's own country. These differences can sometimes prevent a deal from happening or worse, cause a project or relationship to fail at an advanced stage. However, the risks of failure can be limited by a sound understanding of the other party's take on the cultural and legal background to the deal.

The purpose of this lecture is to explain some of the key cultural differences prevailing in Europe in relation to computer games development and publishing; suggest possible solutions to the problems caused (or perceived) as a result of these differences; and address some strategies for reducing the risk of a failure of a negotiation, or a project, or a relationship, as a result of these cultural and legal differences.

The lecture concentrates on real life examples of difficulties which can occur due to different cultural and legal standpoints, and proposes realistic solutions to some of the most common problems including ownership of game IP, residual authors' rights, the use and abuse of penalty clauses, jurisdictional disputes, and strange concepts such as "equitable remuneration" which simply do not travel well.

The relationships between Ubi Soft and Red Storm, and Take Two and Rockstar North, show that partnerships between the U.S. and Europe have resulted in some of the greatest recent commercial successes in the games industry. The games industry is a global industry and developers must form global alliances in order to survive and succeed. This lecture addresses some of the barriers to forming global alliances, and how they can be overcome.

This lecture is addressed to attendees from all jurisdictions who may be involved in making a deal, or managing a relationship, with a company from a different jurisdiction where one of the parties is based in Europe.

The purpose of the lecture is to assist attendees in developing and managing commercial relationships with companies in different countries if one of the parties is based in Europe. The attendees learn some of the varying(and conflicting) cultural and legal principles which apply to games development and exploitation within different European countries, and how these compare with the principles adopted within the United States.

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