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Video Games and Computer Games


Fasken’s video game team has decades of experience across Canada working with local and international publishers, developers and service providers, and enhances our legal services with practical industry knowledge. We’ve been part of the industry from the release of breakout AAA console titles on the PlayStation and Xbox, through to the rise of mobile as a key gaming platform, which has allowed us to help guide industry through the resulting changes in revenue models, publishing relationships, and industry structure.
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Overview

Whether you’re a local indie developer or a major international publisher, we deal with the broad range of legal issues that arise in the game industry for both publishers and developers: protecting intellectual property, drafting and negotiating development or publishing contracts, corporate structure and finance, advising on government tax incentive programs, and addressing tax and employment matters. 

Our experience in the video game sector has meant working with large international publishers, on intellectual property, employment, privacy, and publishing matters. We also have extensive experience with independent developers, who we assist in negotiating international development and publishing agreements across all console, mobile and PC-based platforms.

In addition to representing publishers and developers, we have also worked with industry groups like the Entertainment Software Association (ESA). We helped ESA successfully oppose attempts to collect copyright royalties from the video game industry each time a game was downloaded.

On the regulatory side, we offer expertise in privacy, personal information, consumer protection, anti-spam legislation, CASL computer program installation/anti-spyware, and online advertising. We also track of how foreign jurisdictions are responding to monetization in the growing number of video games that involve gambling.

On the intellectual property side, Fasken has deep experience with copyright (including open source software issues), obtaining patent and trademark protection, conducting freedom to operate searches, and negotiating intellectual property licences and merchandising agreements.

The lawyers in our group are actively involved in the Video Game Bar Association, and are recognized leaders in their areas of expertise. Together, we support industry events, lead panel discussions and offer mentorship to entrepreneurs who are starting out. 

To learn more, subscribe to our “Intellectual Property Bulletin”, “Communications Bulletin”, attend a presentation where we’ll speaking about industry issues, or contact any of our lawyers to learn more.

Achievements

Team

Primary Contacts
  • Karam Bayrakal, Partner, Vancouver, BC, +1 604 631 4850, kbayrakal@fasken.com
  • Gerald (Jay) Kerr-Wilson, Partner | Trademark Agent, Ottawa, ON, +1 613 696 6884, jkerrwilson@fasken.com
  • Michael Shortt, Partner | Trademark Agent, Montréal, QC, +1 514 397 5270, mshortt@fasken.com
  • Andrew C. Alleyne, Partner, Toronto, ON, +1 416 868 3338, aalleyne@fasken.com

Client Work

  • Parallel Studios raises US$35 million in financing from investors including Coinbase Ventures and the Solana Foundation, [Deal - Parallel Studios], Developer of blockchain-enabled video games secures significant bridge financing including high-profile web3 industry participants.
  • Streamforge completed a seed funding, [Deal - Streamforge Inc.], Seed investment for Steamforge.
  • A global publicly-traded video game software development company sought guidance from Fasken on a variety of immigration matters, [Case - Confidential Client], A global video game software development company seeks guidance from Fasken on a variety of immigration matters.
  • TriplePlay acquired by Roblox Corporation, [Deal - TriplePlay], Software company that builds community through virtual social events acquired by online game platform
  • Sony Interactive Entertainment to acquire Haven Studios, [Deal - Sony Interactive Entertainment LLC], Haven Studios will be the 18th studio to join the PlayStation Studios family.
  • GrowthCurve Capital acquires a majority interest in Montreal-based leading play-to-earn and game discovery platform, [Deal - GrowthCurve Capital], Fasken has acted as Canadian counsel to GrowthCurve Capital in its acquisition of a majority interest in Mistplay
  • Parallel NFT raises US$50 million Series A financing round, [Deal - Parallel NFT], NFT sci-fi card game developer raises at US$500 million valuation.
  • Dapper Labs Inc., an NFT-focused start up and company behind NBA Top Shot, acquires Brud Inc., [Deal - Dapper Labs Inc.], Dapper Labs Inc. acquires Brud Inc.
  • Dapper Labs raises over US$250 million in new funding round, [Deal - Dapper Labs Inc.]

Knowledge

Events

News

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