Question
Hi there! We are a game design startup based in Australia.
For a new product, we would like license a series of novels by an author based in Russia. We assume that obtaining the necessary rights for the creation of a game will be quite an investment. Is there a way to obtain a licence and defer payment of any royalties etc. depending on the financial success of the game? Or should we maybe look for a third-party investor to acquire the rights and with whom we would then have a similar deal? Can this be negotiated by an Australian lawyer or would we have to contact someone in Russia?
Answers: 1 public & 0 private
Hi guys,
Assuming that the Russian novel is still covered by Copyright (this depends on when it was written and published), then you will need to get a licence from the author or publisher (depending on the circumstances) of the novel to use it if you are planning on using any dialogue from the novel. If you plan on using names, characters, or plotlines you may also need to get consent, as otherwise you could be in breach of the Competition and Consumer Act.
This can generally be negotiated by an Australian lawyer with Russian counterparts. In terms of how the deal looks at the end of the day, it will all depend on what you are able to negotiate.
Cheers,
Paul
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