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A video-game publishing deal is not one royalty percentage. It is a package of separate bargains covering who finances development, who owns or controls the intellectual property, which party performs publishing work, and how sales proceeds are calculated and distributed. A publisher can pay for development without owning the game, while a developer can retain the franchise yet receive little cash until the publisher recovers defined costs. The contract’s definitions, approvals, reporting duties, and rights after termination matter as much as the headline split.

What a publishing deal actually allocates

Every deal should be read as four connected allocations rather than as a single percentage:

  • Funding: advances, milestone payments, or co-financing for development, quality assurance, localization, ports, marketing, launch, and post-launch work.
  • Rights: ownership or an exclusive license covering the game, franchise, platforms, territories, term, sequels, downloadable content, and other derivative works.
  • Responsibilities: development approvals, pricing, distribution, storefront relationships, marketing, localization, QA, release timing, community support, and post-launch operations.
  • Waterfall: the order in which sales deductions, recoupment, and royalty payments occur.

Two contracts can both advertise a 50/50 royalty split yet produce very different outcomes if one permits broad, uncapped recoupment and the other limits the publisher’s recoverable costs. The percentage only becomes meaningful after you know what revenue is being split and when the split starts.

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How publishers fund development

Publishers may finance an entire project, only the remaining development budget, or specific launch services. Payments are commonly tied to milestones: a playable build, content-complete version, certification candidate, or final release. Remedy’s description of partner-funded projects refers to milestone-based development fees. Take-Two’s securities filing says third-party agreements generally require development payments that are typically recoupable against royalties.

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Before signing, identify whether each payment is an advance against royalties, a production fee, a recoupable expense, or a combination. Confirm the approved budget and the conditions for every instalment. A milestone clause should specify acceptance criteria, the time allowed for review, a cure period for disputed deliverables, and what happens if the publisher rejects a build or stops funding.

What the budget must cover

Ask whether the committed budget includes developer salaries and contractors as well as QA, localization, ratings, ports, platform fees, marketing, user acquisition, customer support, and post-launch patches. If these items are outside the approved budget, the publisher may later classify them as recoupable costs or require the developer to finance them.

Epic Games Publishing announced in 2020 that it would cover up to 100% of development costs, including developer salaries, QA, localization, marketing, and other publishing costs. That is an example of one announced model, not an industry-wide promise. The contract still determines which costs qualify, how they are documented, and when the developer receives royalties.

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Funding risk and cancellation

A publisher may reserve the right to suspend or terminate payments after a failed milestone, missed delivery date, change in commercial strategy, or material breach. The agreement should state whether the developer keeps amounts already paid, whether unfinished work must be delivered, and whether rights return if funding stops. A budget that appears large is not equivalent to a guaranteed commitment unless the payment schedule and remedies are enforceable.

Who owns the game and franchise?

Ownership and publishing are separate questions. Three structures appear frequently.

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Developer-owned IP with a publishing license

The developer keeps copyright and franchise ownership, then grants the publisher an exclusive license to publish and commercially exploit the game within a defined scope. The scope should identify platforms, territories, languages, storefronts, editions, and the license term. A time-limited license can preserve long-term control, but only if the contract includes practical rights reversion and a workable process for transferring builds, accounts, and customer data.

Publisher-owned IP

The developer assigns the game and related franchise rights to the publisher or creates the project under a work-for-hire-style arrangement. This may be exchanged for financing, production support, or guaranteed development fees. Assignment language can cover more than the first release, so check whether it also captures sequels, remakes, expansions, characters, names, settings, source code, and future adaptations.

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Third-party franchise licensing

A developer may build a game using an existing franchise owned by another company. The original rights holder can retain control while the publisher and developer receive narrower rights to make and distribute the title. Approval chains become more complex because creative changes, marketing materials, localization, and sequel plans may require consent from both the publisher and the licensor.

The Canadian Intellectual Property Office explains that publishers commonly receive either an exclusive license or ownership in exchange for royalties. Remedy provides a developer-retained example: for projects based on its own franchises, Remedy creates and retains the IP while a publishing partner publishes, distributes, and markets the game.

Rights that are easy to overlook

  • Options or first negotiation rights for sequels, remakes, expansions, and downloadable content.
  • Merchandising, film, television, books, soundtrack, live-event, and other ancillary rights.
  • Territory, language, platform, storefront, subscription, cloud, and physical-product scope.
  • Sublicensing and assignment to an affiliate, buyer, distributor, or platform holder.
  • Term, renewal, termination triggers, sell-off periods, and automatic or negotiated reversion.
  • Access to source code, final builds, certificates, development tools, storefront accounts, analytics, and community channels after termination.

Clean chain of title

A developer cannot license rights it does not possess. A game combines code, music, animation, art, video, fonts, middleware, and other third-party assets that may have different owners. Written contributor agreements should cover copyright ownership or a sufficiently broad license, moral-rights waivers where enforceable, payment terms, confidentiality, and the publisher’s intended platforms and territories. Vendor and freelance restrictions can otherwise block a port, sequel, or acquisition.

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How the royalty waterfall works

The usual sequence is:

  1. Sales generate gross receipts.
  2. Platform commissions, taxes, refunds, chargebacks, and other contract-defined sales deductions are removed.
  3. The remaining contract-defined net revenue is allocated to recoupable advances and expenses.
  4. After the agreed recoupment threshold is reached, the parties divide the remaining revenue according to the royalty formula.

“Net revenue” has no universal meaning. Depending on the contract, deductions can include platform fees, taxes, refunds, chargebacks, payment processing, currency conversion, manufacturing, localization, ports, marketing, user acquisition, advances, interest, internal overhead, and third-party services. The agreement should list each permitted deduction, explain how it is calculated, and say whether costs from one product can be charged against another.

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Recoupment examples from published sources

The Canadian Intellectual Property Office gives an illustrative structure in which the publisher takes 80% or 90% of revenue until its initial investment is recovered, after which the parties use an agreed split. Those figures describe an example, not a market-wide standard.

Epic Games Publishing said developers would earn at least 50% of all profits once costs were recouped. The phrase “once costs are recouped” is the operative qualification: a developer may receive no royalty while the recoupment account remains outstanding, even if the game is selling.

Remedy’s official business-model description states: “Publisher has the right for game sale revenue, whereas Remedy has a royalty opportunity.” The wording highlights why the contract’s accounting definition matters: a royalty opportunity is not the same as an immediate share of every sale.

Questions to ask about the waterfall

  • Does the developer receive any royalty before full recoupment, or only afterward?
  • Does the publisher recoup from total net revenue, from its own share, or through a capped expense pool?
  • Are marketing and user-acquisition expenses capped, pre-approved, or open-ended?
  • Can internal staff time, overhead, interest, travel, or affiliated-company services be charged?
  • Are DLC, bundles, subscriptions, ports, physical editions, and merchandise accounted for separately?
  • Are refunds, chargebacks, taxes, and currency conversion calculated consistently by territory and platform?
  • Does recoupment cross-collateralize sequels, downloadable content, or other games?

Four common deal models

Model Funding IP position Typical publisher role Developer economics
Self-publishing Developer or its financing sources fund development and launch. Developer retains its own franchise. Developer handles marketing, platform relationships, localization, QA, distribution, and release operations. Sales flow directly to the developer after sales-related taxes and discounts; platform fees, QA, and localization are expenses. The developer keeps upside but carries the downside.
Co-publishing Developer and publisher share financing. Usually negotiated by project; ownership and license scope must be stated. Duties and approvals are divided between the parties. Remedy says royalty potential in co-published projects typically reflects the split in project financing. The contract must define each party’s services and costs.
Publisher-funded own-franchise deal Publisher funds some or all development and launch work. Developer retains its own IP in the Remedy-described model. Publisher publishes, distributes, and markets; developer develops the game. Developer receives milestone development fees and a royalty opportunity after agreed costs are recouped.
Partner-franchise development Publisher or licensor finances development through fees and project payments. Partner generally retains the existing franchise. Partner controls publishing, distribution, and marketing, often with licensor approvals. Developer receives development fees and may receive a success-based royalty after recoupment, but gives up franchise ownership and much of the long-term upside.

Why there is no universal fair split

Authoritative sources do not establish one current industry-wide benchmark for advances or royalty percentages. A defensible evaluation compares the complete package:

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  • Funding risk: who pays the remaining development budget and launch costs?
  • Project stage: is this an early concept, a nearly finished title, or a proven franchise?
  • Services: who performs QA, localization, ports, platform negotiations, marketing, user acquisition, community support, and post-launch operations?
  • IP control: does the developer retain ownership, grant a time-limited license, or assign the franchise?
  • Recoupment: what expenses are eligible, and is the pool capped?
  • Scope: which platforms, territories, languages, editions, DLC, sequels, and ancillary rights are included?
  • Downside protection: what happens if the publisher misses launch commitments, stops funding, or never releases the game?

A lower royalty percentage can be economically better than a higher one if it starts before recoupment or uses a narrow, capped cost definition. Conversely, a high percentage may have little value if the publisher owns the IP, controls all sequels, and can charge broad expenses indefinitely.

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Clauses to inspect before signing

Budget and milestones

Record the approved budget, payment dates, deliverables, acceptance tests, review deadlines, cure periods, and consequences of a rejected milestone. State whether the publisher can reduce the budget unilaterally and how approved changes are funded.

Recoupable costs

Prefer a closed list or clearly bounded categories. Address marketing caps, internal overhead, interest, third-party fees, ports, downloadable content, bundles, refunds, and cross-collateralization. Require written approval for material expenses outside the original plan.

Revenue definition

Define gross receipts, platform fees, taxes, refunds, chargebacks, payment processing, currencies, territories, platforms, physical sales, and subscription revenue. Require reporting by platform and territory so the developer can reconcile statements.

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Royalty trigger and payment timing

Specify whether the developer shares before recoupment, only after full recoupment, or from the publisher’s share while the publisher recovers costs. Include statement frequency, payment deadlines, reserve limits, and treatment of disputed amounts.

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Accounting and audit

The developer should receive supporting records and retain audit rights for a defined period. The contract should state who pays audit costs, what happens when an underpayment exceeds a threshold, and whether interest or penalties apply to late or incorrect payments.

Control and approvals

Clarify who sets pricing, discounts, release dates, platform mix, storefront pages, localization, ports, marketing campaigns, and post-launch support. Approval rights need response deadlines; otherwise a silent approver can delay certification or launch.

Termination and reversion

Cover failure to fund, failure to release, insolvency, breach, milestone failure, and prolonged inactivity. Specify sell-off rights, return of source materials, transfer of storefront accounts, removal of sublicenses, and the exact point at which IP and distribution rights revert.

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Choosing between self-publishing and a publisher

Self-publishing maximizes control and potential revenue but requires the developer to finance and operate marketing, platform relationships, localization, QA, distribution, and support. A publisher can provide capital, specialist staff, storefront access, promotional reach, and launch execution, but the developer may accept recoupment risk, approval constraints, narrower margins, or reduced ownership.

Co-publishing can balance those trade-offs when each party’s funding and duties are measurable. It is most useful when the developer can contribute meaningful capital or a nearly finished game and wants to retain more upside while outsourcing selected launch work. A fully publisher-funded deal may be appropriate when cash flow, platform access, or global marketing is the binding constraint, provided the developer protects IP, limits recoupable costs, and obtains remedies if the project is shelved.

A practical review checklist

  1. Map every payment and milestone to a deliverable and a date.
  2. Separate development fees from recoupable advances and expense reimbursements.
  3. Draw the royalty waterfall from gross receipts to the final split using the contract’s definitions.
  4. List every right granted, including platforms, territories, term, sequels, DLC, adaptations, merchandise, and sublicensing.
  5. Assign each publishing task to one party and add approval deadlines.
  6. Require platform- and territory-level statements, audit rights, and underpayment remedies.
  7. Test termination, rights reversion, source-code delivery, and storefront-account transfer scenarios.
  8. Have a lawyer experienced in game contracts review any assignment of IP, broad sublicensing clause, uncapped recoupment provision, or indefinite sequel and derivative-work option.

Further reading

For a deeper treatment of contracts, intellectual property, and royalties in game development, the World Intellectual Property Organization’s Mastering the Game: Business and Legal Issues for Video Game Developers is a useful reference. Its practical value is in showing how creative assets, contributor rights, licensing, and commercial terms interact rather than treating royalties as an isolated percentage.

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