Essay:

Essay details:

  • Subject area(s): Marketing
  • Price: Free download
  • Published on: 14th September 2019
  • File format: Text
  • Number of pages: 2

Text preview of this essay:

This page is a preview - download the full version of this essay above.

egal, contractual and ethical obligations

Contractual issues

Types of contract

There are many types of different contracts for example there is: Employment, Development, licensing, Non-Disclosure agreement, Collaboration, Terms of Service and many more. The employment contract consists of many few such as the hours you will be working and the days you work and it also includes a description of what the job is you are doing for example your responsibilities and your abilities to do thing in the company your working for, it includes how much you will get paid and how often you are paid and it will also include restrictions such as anything you come up with while under this contract will be owned by the company so your IP will be the companies property. A development contract is usually between a production company and its developers, this contract can include many things such as how much the developers will be paid and the amount of royalties they will earn it will also include who will own the intellectual property after the contract expires and what IP will be licensed for use during the contract and also includes warranties which is agreeing to peoples IP and acquiring  the permission to use the IP this can be anything for example it could be : Artwork, concepts , Sounds and source code. A licensing contract is where you gain the ability to use peoples IP for an example it would be Activision giving Sledgehammer game the licence to make another call of duty, these agreements normally include what platform they are licensing the game for, for example is it going to be on PS4, Xbox, PC or Nintendo. It could also be a license for it to be an exclusive game for example it could be a PS4 exclusive making the game either only on PS4 or the PS4 version gets updates earlier and is better quality. It could also be a license for future DLC so they don't breach anyone's IP and that they don't come across any problems when making and releasing them. They also need to License where they are going to sell the game and they need to make sure the game is suitable for the country's laws for example England has much different laws to japan. Another contract would be the NDA which is an agreement you agree to when you start working for certain companies for example if you worked for Treyarch and you were working on a game and you signed an NDA contract it means you are not allowed to spread things about the game and if you do you can get some serious consequences for example a person leaked the stress test for the game Fallout 76 and he got some harsh punishment for it “had his Twitter account suspended alongside his Xbox Game Pass, Xbox Gold, and Xbox Insider subscriptions” and he won't be allowed to buy Xbox live for a few years.( https://cogconnected.com/2018/10/user-leaked-fallout-76-stress-test/ ) There are two different types of NDA there is a Mutual NDA which is an agreement 2 parties make to not share anything included in the agreement type of confidential and proprietary information or trade secrets. While a Unilateral NDA is where a company and/or person would like to share confidential information safely.

Format holders

Format holders are the corporation that have the rights to a platform type, they have the ability to put restrictions on the type of hardware and games made. These people can dictate these things: licensors, Naming conventions and look and feel. With licensors they can dictate how what platform it can be made for so for example they can dictate what platform the game is made for so it could be PS4 exclusive or for all consoles, with naming conventions they can dictate the name of a game for example the Lego franchise the names usually the word Lego then the name of the franchise they are representing so for an example it would like this if it was justice league it would be Lego: LEGO DC Super Heroes: Justice League, they contract can also dictate how the game has a certain look and feel, which may be so that it stays in certain guidelines to a certain game franchise, for example if it was call of duty it has to be in the call of duty world where there is only call of duty character so I can't mix with games like battlefield.

Negotiating contracts

Then is when a few people are sat in a room and they sit and negotiate how they want their contract to be for example the person getting the contract wants £250,000 per year depending on what they are negotiating the other person will decide so if he disagrees the other person would reply with something that's not as much as what the person originally asked for so he could say something like he can give him a contract saying he can have £25,000 this happens in many industry like football, gaming and acting. In this contract it must include the amount you get paid how often you are paid, any fringe benefits, responsibilities of the jobs, how many days off you get and any deadlines for work, at the end of the contract both parties will sign the contract to make it a legal binding

Commissioning processes

The commissioning process is the planning, scheduling, adjusting, testing, verifying and training, to provide the suitable requirements for the manager/owner, the main aim in this process is the make the quality of the project much higher by focusing the construction and design team on the managers aims for the most efficient high quality build, it's better for a company to start the commissioning  process earlier on in the development because it can mean a much less increase in budget or not go over budget rather than doing it later which can possibly mean a big increase in costs.

Costing

Money is a very valuable thing in this and most industries because it is best way to motivate workers, the money is never a concrete set of figures and always changes for example when a budget is set and they go over it they have to go to the company giving them the budget and tell them that they need their budget to go up unless they find other ways to get more money into the making of the game the can do this by getting crowd funding getting people to pre-purchase the game this can give games more money for the game meaning it can be a much higher quality if the game is in a franchise it would usually get more funding if the franchise is a good one for example GTAV had a really large funding £170 million from the profits made in the other GTAs and the game so far has made around £4.6 billion from in game purchases.

Scheduling

This is normally pitched to the company by software houses often with the budget this can help the company decide if they want to give the money to make this certain project this can also come back to a negotiating contract because if the other company doesn't like what is proposed they can offer different things and they will soon come to an agreement on the production, publishing/ development houses then monitor the development to make sure the company is meeting deadlines and not going over budgets, if the company is not meeting deadlines or milestones the project will be re-looked at and new timings and milestones will be set.

Time management

Time management is necessary for this company if time management isn't very good for a company then a lot of bad thing can happen, time management is things like: how often the budget is checked, and making sure deadlines are met, I would recommend that the budget is checked at least once a month or more to make sure your company has not gone over the budget the more often you check the budget the higher the chance of you saving money a lot more money plus making sure you don't go over the budget can prevent penalization from the company providing the money for the project, the same also goes for making sure deadlines are met because if the company is constantly late for its deadlines the company developing the game will cause some penalization and maybe the company providing the money will no longer fund the projects.

Risk management

The project manages goes over everything being done in the making of a game to make sure countermeasures in place to make sure nothing goes wrong during the making of the game, they try to make sure everything is handed on its deadline because if it is handed in late the manager and company can have some bad things happen to it they could get fined, or never get in contact with the company again meaning the company with the missed deadlines could lose a lot of money.

Sub-contract

A sub-contract is where you are hire someone to do a certain part of a contract, you are hired by the contractor, subcontractors can also have direct contracts with other subcontractors. The contractor oversees the project and decides the work for the subcontract. The subcontractor's rights can change depending on the contract, if the subcontractor feels like an employer or contractor has violated the contract he has the right to sue for damages.

Outsourcing

outsourcing is when the control of public services is given to the private enterprise, companies mainly do this to reduce the costs a benefit of an outsourcing contract would be you get more focus on core operations in the business and you get to compete with bigger businesses some risks/issues of an outsourcing contract would be that you get a lack of productivity during a down time if you rely on external IT devices you run the risk of downtime meaning a large loss in productivity.

working to a brief

it is an agreement a client has with an employee in order to complete a project within the brief which has specific guidelines set which the company is obliged to follow if they fail to work exactly as the brief tells them to then the company can get penalized,  advantages of having this would be that their brief is very detail and has everything they have to do on the brief and have specifics that cannot be negotiated a few downsides of this would be, if the company feels this brief has issues and is finished without the issues and have not conferred with the company that set the contract can mean a reset in the brief and the company doing the work can receive a bad reputation because of this.

Legal issues

regulatory requirements

There are lots of different regulatory requirements such as: Consumer protections, age,

ratings and classification, advertising laws, data protections and privacy, Gambling legislation and responsibilities concerning staff and employment practices, Consumer protection is a law where it protects the consumers when buying things and gives them rights so if the item they are buying that everything described about it by the company has to be correct and the information on the item had an incorrect amount or the wrong the information or missing certain information out the consumer may have the ability to sue as it could be  dangerous to the consumer.

Gambling legislation

The gambling legislation Is designed to control all gambling in the UK but there is still a large controversy over some ways to gamble for example the game CS: GO is a game where you can buy and keys and crates for real money and you can open them for a chance to get good items and its exceedingly rare to get a gun worth more than a key and a case but people still buy them hoping they can get something and this game is also made for younger people meaning that younger people can generate a gambling addiction while growing up leading them to possibilities of being homeless and having no money, and this has raised lots of issues and problems for people when the game was made and still to this day.

compliance

compliance is where the marketing makes sure all off the

copyright

this is where a company copyrights their game or their game franchise once the idea Is physically expressed, they do this to make sure other companies don't steal their ideas and materials for games for their own use because if its copyrighted the company can sue them for stealing or make them pay royalties for the use of the idea, but companies need to try and make sure they don't use other peoples copyrighted IP because that can lead to many problems like a lawsuit meaning fines or have to pay royalties to the IP owner.

trademark

this is similar to copyright but instead of It being physical appearance it is things to do with the brand for example the company logo, if it is trademarked it means no one can use the same logo or anything that is distinctly close to looking like it, using someone else trademarked brand similar to copyright can lead to some bad things for example you could get a fine of over £100,000 or even some time in prison because of It and possibly the use of law injunctions.

intellectual property rights

intellectual property rights are the protection from your creations being stolen by other companies or other people when they don't have permission from the owner, an example of IP infringement could be counterfeiting because counterfeiting is the action of imitation real goods and making them with lower or similar quality, another could be piracy which is the unauthorized copying and redistribution of something protected by IP. IP rights are very similar to patenting and copyright so if they are infringed it can lead to some big problems for a company so when making a game it needs to be checked that they are all in the rights and not infringing any laws.

Pan European Game Information (PEGI)

PEGI is a European age rating system, People to tend to decide on buying a game depending on the age rating and the content description, it is also a good way for a company to fine tune the game to the age they would like for example if you were making a game applicable to 16 year olds you want it make sure the rating is 16 can submit it for rating and if it comes back too high the company can change it to the sixteen by changing how the game is and reducing the swearing or the gore to make it more appropriate to the age.

British Board of Film Classification (BBFC)

The BBFC is a non-government body.

implications of franchising

The implications of franchises can be if a company gives another company the license to use the franchise for example the company Activision giving the sledgehammer or Treyarch the license to make another game. If you don't have a license to make the game and you still_+_+-=-=-=-=-=-=-=-=_=-+_+_=-=-+-+_+_+_=_+_+_=-=_=-=-==-=-=--=-=-==-=-=-=-=-+_=-_+_+_+_+_+_+_=-=-=-=-+_+_+_=-=-=_+_+_+_+_

Licensors

A licensor is a company or a single how have the rights to give you a license to do a certain thing, for example Rock star giving another company a license to create another GTA game and they are told they have to make the game but how the other company wants it and they are told how much they are going to be paid. They are also given a list of many things like the budget, another example of a licensor would be the DMV because after a few tests and applying you get the license but if you break any of the road laws you can have your license revoked.

health and safety policy

Ethical issues

policies and procedures

ethical requirements

emerging social concerns and expectations

Professional bodies

The Entertainment and Leisure Software Publishers' Association (ELSPA)

The Independent Games Developers Association (IGDA)

Women in Games

British Academy of Film and Television Arts (BAFTA)

The Mobile Entertainment Forum (MEF)

...(download the rest of the essay above)

About this essay:

This essay was submitted to us by a student in order to help you with your studies.

If you use part of this page in your own work, you need to provide a citation, as follows:

Essay Sauce, . Available from:< https://www.essaysauce.com/essays/marketing/2018-12-10-1544452793.php > [Accessed 21.10.19].