Gamers Rights Law » video games

Education in Virtual Worlds update

jaymoffitt — Sat, 09 Jan 2010 16:18:04 +0000

So many links; so many directions. But they are all tied together by students seeking knowledge and educators attempting to reach the masses with important content.

Virtual Worlds (116 resources via Educause)Most are from their own magazine but some are from presentations you could find no where else. Plus, did you know there were Education in Virtual Worlds podcasts?

“>PageFlakes (Training blogs) links Some very helpful material, even though a lot of commercial activity. Many are to virtual worlds, most to more traditional methods.

Ten great sites for finding Educational games. Many of these are sponsored by conglomerates (National Geographic) or software companies, but some are put together by smaller outfits. Well worth a look.

There’s way too much wealth to comment upon everything. One intellectual property note to consider when visiting all these sites sponsored by universities, software companies, and private website: when the university uses a professors’ ideas for an original creative game; do they have the right to make money from it? Right now it’s not an issue; so many free choices and educational games for the most part are licensed by software companies…. but that day is coming when? I wonder when we’ll have the first well-publicized dispute between professor and university about a game/website/application that just “takes off”?

Jay Moffitt is a Tennessee attorney. This blog is for entertainment and educational purposes only and does not consitute legal advice or create an attorney/client relationship. Jay Moffitt is not certified as a specialist in this area by Tennessee and Tennessee does not certify specialists in this practice area. All comments will be answered promptly and courteously as long as they are germane to the discussion and do not contain specific game names or incidents.

Voice-actor Dispute continues

jaymoffitt — Thu, 10 Dec 2009 18:11:51 +0000

There is a great story in the LA Times about Video-game voice-actors. My favorite quote from the story, “Although it’s down this year amid the recession, U.S. video game industry revenue has more than doubled since 2005 to $21 billion in 2008 — about twice the amount of movie ticket sales in Canada and the U.S.” Greatly contrasts this other great quote from the story, “Despite his extensive credits, Wittenberg earns roughly $30,000 a year from his video game work and, like most of his peers, supplements that income by doing voice work for animated TV shows.” The below links describe the arguments from video-game designers (see my crocodile tears… etc) to the viewpoint of voice-actors (where’s my piece of the pie… etc)

Here is the Viewpoint from Hollywood Actor Prep, a Website run by voice-actress Dana Kaminski.

Link of the story from an industry perspective: Story of AFTRA being approved; while SAG turned down

SAG members not ratifying contract.

Maybe a little unrelated – but describes a weird conflict -Product integration and conflict (voice-acting) Okay, I’ll admit it, linked mainly because it mentions David Hasselhoff.

From game-makers perspective
Describes the conflict:

From a voice-actor:

Game magazine’s take on the controversy:

And the requisite how-to: Video games and Voiceover

Here are some more precise figures about how much the Talent actually makes:

From Voice.com
SAG rate sheets
And lastly on this story: another salary study

Music games as music platform?

jaymoffitt — Sat, 28 Nov 2009 18:15:20 +0000

Does this strike a chord with you?

Viacom announced that MTV Games plans later this year to launch a service that will let any musical artist upload and submit their songs for possible inclusion in its “Rock Band” music video game, Billboard reported. Developers with MTV’s Harmonix studio will review submissions for playability, lyrics and copyright issues before adding tracks to a new, separate Rock Band store.

So now, you or your band’s compositions could hit a new, worldwide market that wasn’t available to you before. Does it interest you? Is this a facet that should be a part of a 360-degree deal that you and your management team work out(refer to earlier post on 360-degree deals)?

So how do the video game makers plan to get your music onto a game platform?(Fuller explanation at Joystiq.com)

“We’ve figured out how to make it so anybody who owns and controls masters and publishing can put music into ["Rock Band"] at their own pace,” Paul DeGooyer, senior vice president of electronic games and music at MTV Games, told Billboard. “We’re talking about a set of serious professional tools to allow people on the front line of writing and recording songs to completely control their destiny with respect to interactive products and then giving them direct access to the download store.”

But I’ve just got a master recording, and the sheet music written out. What else is necessary?

The technical details are “when someone submits music, there’s two different options. They can submit their music to “a community of Harmonix-trained freelance game developers” who will check the song for any inappropriateness or copyright infringement and then implement the music into the game, or “hire trained developers or school their existing employees to do the work in-house.” Which means that the acts can control the note charts on their song.” (From news.vgchartz.com article)

So what’s in it for me, and the band?

Game Informer writes that musicians whose songs are approved will be able to set their own prices. The tracks will probably cost between 50 cents and three dollars, and the creators will receive a 30 percent cut.

Is anyone really buying these songs?

Rock Band currently has a catalog of roughly 600 songs between the first and second games, DLC and AC/DC track pack. But MTV wants more. A lot more. A Billboard report (via GameDaily) discussing the impact of music games on the video game industry has MTV suggesting that they would like to make 5000 songs available for the Rock Band series. By the end of year. (Via 1up.com)
Update: Now at a 1000 songs.

Does it compare with digital downloads in mainstream formats?
In North America, more than 21 million copies of the various instalments of Guitar Hero have been sold, according to NPD Group, while consumers have snatched up 4.5 million copies of the first Rock Band. Together, the two franchises have generated more than $2-billion (U.S.) in sales, said Michael Pachter, a financial analyst who tracks the video game industry for Wedbush Morgan Securities in Los Angeles. (Source: Globe and Mail, March 2009)

So how do I get my content to the developers? (For technical details consult 1UP article here. )

When Activision… first started approaching labels, he typically dealt with a company’s film and TV licensing division. These days, most labels have a dedicated staff working on video game licensing.

In other words, get your entertainment attorney or your personal manager to ask the right questions. There might be another alternative route to get your music heard.

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Related links and music video-games news “below the fold”

Beatles Rock Band to get “huge” for the holiday: an interview on Industry Gamers Website.

Rock Band Bar Night: Signup and rules.

Rock Band Network to see FULL LAUNCH in 2010

Here’s a great article on the developers of Rock Band.

And of course; some dissent that says Music Video games destroy the Musicians in us:

Do guitar games discredit real guitarists?

Jimmy Page and Jack White criticize Guitar Hero.

Developers Corner (Game audio and Voice-Actors)

jaymoffitt — Sat, 31 Oct 2009 20:11:07 +0000

As the graphics of games become more and more detailed, it is essential that the audio and even the voice actors live up to that high standard.

This is an article that gives a great insight into the audio portion of the video game process. Every developer should read this to determine if and when a lawyer should be involved in the negotiations. My favorite point is “Often, it’s not what’s in the contract that hurts you down the line. It’s what is unspoken or assumed. Informality of this sort almost always favors the party with more power and resources.”

Very functional general paper about the Function of Sound in Games by a “couple of chaps who run a sound company” (their description, not mine). Covering all the bases, it talks about music both from an entertainment persepective in the game as well as to progress the game forward. My favorite statement is “with advances in technology and greater emphasis being placed on sound effects and their importance, Sound Design has evolved into a wholly separate discipline (much like it is in film).”

Very good article on Gamestudies.org that discusses audio’s importance in World of Warcraft. An insightful point is that “The primary argument is that game audio is tightly integrated with gameplay in this game setting, not only as an information system and a support for gameplay, but also by providing an understanding for how the game should be played, and how to behave in a specific in-game context.”

Voice Actors Discuss Challenges in the Video Game Industry. Something pointed out I hadn’t considered before was, “Another actor talked about a typical day in the industry, saying that they get the “basic gist” of the story, but they’re mostly concentrating on “short snippets of dialogue”.

These hardworking professionals are starting to get more rights. Actors Union votes for Videogame Contract. It was reported by Gamesindustry.biz that “Hollywood union AFTRA (The American Federation of Television and Radio Artists) has voted in favour of an extension of its videogame contract, which has now been forwarded to members to be ratified.” Terms were “a 2.5 per cent pay rise and a 0.2 per cent rise in pension and health contributions. A new performance category will also be created, entitled “atmospheric performer”. ”

Older article, but well thought-out about the overall process of audio in games. Laboring to Compete by Jesse Harlin gives a great broad-spectrum look at planning and executing the audio in next-gen games. My favorite quote is ” the arrival of live recording to game music introduced a question that film composers have been wrestling with for years: is it a union-date or not? The answer has almost exclusively been “non-union” due to budgetary restraints and a union interactive media contract that doesn’t keep pace with the evolving technology of our industry.” If you’re a developer (or just curious as to the audio parts of video-games) you should visit the blog and read his other articles as well.

On Gamezone there is an indepth interview about audio direction for the game Everquest II. One staggering statement was “so far we have already recorded over 200 actors. We have been recording non-stop for the last 3 months and have accumulated hundreds of hours of voice recording.”

Of course, I can’t finish without a theoretical paper to ponder. Reference as Sounds and Sources in Sacred Kristine JørgensenPh.D. student Division of Film & Media Studies Copenhagen University kristinej@hum.ku.dk.

Here are several helpful starting points for clearing audio and music for your video games.

A pianist named Steven Cravis has a very helpful site.

The Harry Fox Agency is a great Website for your research of what you need to clear your songs.

At the site Video Game voice talent they have a wonderful Guide “How to Hire Voicetalent“. I don’t know anything about the organization, but it looks well-run.

3 For the B.

#1. If you’re planning a game, put the audio portion in the budget, and do it realistically.

#2. Clear your music and your voice-talent early. They are called “talent” for a reason (don’t talk directly to the talent, I’m the agent, etc.). You know that putting together a “team” for a project always involves many disparate time-sinks, don’t let this be one.

#3. Remember the user, your customer, will remember the audio as long as he/she remembers the graphics. Be giving in as much “ambience” and “textual-clues” from the game sounds as you can.

Transparency in Video Games

jaymoffitt — Wed, 28 Oct 2009 15:04:46 +0000

“Pay no attention to the man behind the curtain”. You know what movie that is from, right?

There is a very interesting article on The reticule that talks about this concept. Personally, I loved the idea that “The main tenet of their design is not playability but profit and, while this is true of most every game now, they do very little to hide this. The level grind, the uninspired quests, the ludicrously hard boss fights, it all comes together to make you shell out more money for less gratification. In fact, given that most endgames require large groups of players, your input becomes invisible amongst the unbridled throng of spells and people shouting about DPS.”

That article was not alone. A blogger in The Escapist said “the level of mystery around the games industry is still rather shocking. There remains a layer of secrecy cast over everything that goes on in gaming, something we attempt to maintain by keeping the real creators voiceless and trotting out PR men and producers to be the faces of our games, lest anyone catch a glimpse of Oz behind the curtain.”

He notes another key point, “while wholescale rip-offs do occur, the amount of sameness that plagues the games industry is not a result of outright copying – rather, it’s a more insidious process whereby one example becomes law. Only games that look like they will sell will be commissioned; only games that are similar to what’s already out look like they will sell; therefore only games that look like what’s already out there will ever get made.”

And if this leads you to a pessimistic view of the future of gaming, you are not alone. An article in the ominously titled Player vs Developer the writer states “MMORPG’s are not a democracy, and we wouldn’t want them to be – we have seen what happens when you let players make the design choices.” He is commenting on a rather frank quote from a game executive. He brashly states, “We’re not interested in developing under a system where we have to get community buy-off for our decisions. We don’t think that will ultimately lead to a strong design. I don’t mean for that to sound harsh. I’m just trying to steer you away from logic that ends up where we have to justify every decision we make or you can somehow get us to make the decisions you want if you just find the right knobs to turn.”

He is talking about feedback in the gaming industry. Lawyers, customer service professionals, marketing people are used to feedback. But I’m talking about FEEDBACK (all caps intentional). Let me give you a very recent example. Infinity Ward recently announced that Modern Warfare 2 would work not be available on “dedicated servers”.

An article on EL33TOnline says that “an online petition (which has nearly reached 120 000 signatures) seeking to convince Infinity Ward to reconsider the implementation of IWNET for the developer’s upcoming Call of Duty: Modern Warfare 2, and re-allow the running of dedicated servers for the hardcore online crowd, and enable players to run custom game mods, maps, and organise private matches more easily.” If you want to read the specifics about the pros and cons of a dedicated server, read that very interesting article. But for the purposes of this discussion; consider, 100,000 signatures plus in a week about what type of server an online game will run in, “once it is released.” Now that is feedback.

You should consider this article an “awakening call” to those who feel that gamers rights is an emerging field. The game companies are digging in their heels as far as their decisions being law, and maybe the gamers rights consist only of a decision whether or not to buy a game. Or maybe this is a perfectly justifiable decision. Is it a symptom of gamers being “too into their games”, or is it a symptom of a greedy game industry? Or is it somewhere in the middle? Is fairness off limits to being influenced by the players’ decisions, or are game companies too insulated from the millions who make the money for them? As for me, personally, the best sign is that the burgeoning games industry faces parallel questions to the movie industry during each of its difficult growing periods. But that’s another whole discussion. So, reader, should game companies have such absolute control over multiplayer once release has been made? Comments?

Video Game Lawyer Money; Parrish v NFLPA aka Madden Case

jaymoffitt — Wed, 23 Sep 2009 16:06:49 +0000

I know you’re thinking, where’s the Video Game lawyer money?
The beginnings of these cases are all so celebrated, so noteworthy, posted on the game sites, the news sites, but where are the awards?

Recently, retired NFL players were awarded a $28 million judgment, according to the legal newsletter on JDSupra.

Here is the Justia page of all the relevant legal documents
As you can see from the filings, the first official action was February 14, 2007, and the judgment was issued on November 10, 2008 for 7.1 million in damages and 21 million in punitive damages.

After EA appealed the judgment, a settlement was reached in excess of $26 million and announced at a press conference June 5, 2009.
These types of cases are hard-fought and long-running, and seldom make the headlines once a resolution is met.

The repercussions, though, are like a ripple in the water that lingers for a good while after the settlement is made.
1. EA announced that they would no longer be making the vintage player’s profiles available as a game feature in upcoming versions of Madden Football.
2. Former college football player Sam Keller sues over use of his likeness by EA Sports. (Great indepth discussion available here)
3. Former college basketball player Ed O’Bannon sues over use of his likeness by EA Sports.
4. The NCAA has spent $84 million on litigation the last 10 years. Of course, only a portion of that has been to fight class-action lawsuits.
5. The Wall Street Journal also makes the connectionbetween the NFL’s settlement in the retired players’ lawsuit, and the almost-immediate filing of the NCAA players’ (Keller, O’Bannon, etc.) lawsuits.
6. Finally, a view that the lawsuit might impact other documents amateur players must sign for the NCAA, beyond the video-game licensing even to jerseys, T-shirts, and other intellectual property.

So as you see, it’s not just video games, anymore.

Jay Moffitt is a TN attorney. The statements herein do not constitute legal advice, and no attorney-client relationship is created. Jay Moffitt does not claim a certification in the subject matter, and Tennessee does not offer a certification in the subject matter. Post copyright September 23, 2009.