Video Game Music!! 205the attorneys representing composers must try not to allow the company
to cross collateralize the game expenses for the various game formats (e.g.,
PlayStation, Xbox, and Nintendo) against composers’ royalties). The nego-
tiations may become confrontational, and the outcome can depend on the
relationship the company has with the composer. For instance, do they
want to work with the composer on future projects?
Testing
Games are beta tested before they are released to the public. Game devel-
opers want to be certain that potential game buyers accept the entertain-
ment value of a game, the musical score, the graphics, the voices, the
sound design, and how quickly a player can learn to play the game. If
these elements do not test well, some of the elements will be redesigned
and retested until the test results convince a publisher that their games are
ready to be released into a highly competitive marketplace. Game publish-
ers are committed to investing advertising and marketing dollars. There-
fore, they want to anticipate a financially sound outcome, and testing
helps them prognosticate their chances of success.
Conclusion
This discussion has focused on most of the terms included in generic video
game agreements for composers. All agreements with game publishers are
complex; consequently, composers should consult with attorneys who
specialize in entertainment law and who also have expertise in negotiating
video game agreements for composers.
Examples of Video Game Business Agreements
Musical Composition LicenseLicensing songs and instrumentals for use in video games can be
extremely complex. A song might have six writers; each writer has a pub-
lishing company. All companies must agree on the terms of the license. In
most instances, favored-nations deals are offered to each writer and pub-
lisher (each writer and publisher receives the same deal). This is not
always acceptable to all involved parties and might require further negoti-
ations. One writer might claim that he wrote 25 percent of the song,
another might claim that she wrote 50 percent of the music, and so on.
An additional problem might occur if samples are used within the
recordings. This involves clearing not only the writers’ and publishers’