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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteGame studios should put explicit AI permissions, input restrictions, rights and disclosure duties, liability terms, performer consent, platform responsibilities, and recordkeeping requirements in their contracts. The agreement should cover the actual people and vendors working on the game—not just the studio—and should distinguish permission to use a tool from ownership of the resulting work. No clause can guarantee that every AI-generated element is exclusive or copyrightable.
Start by defining what counts as generative AI—and who must follow the rules
Define covered systems by what they do, not only by brand name. A covered system might generate or materially transform text, code, images, animation, 3D assets, audio, voice, or video. If the parties want to treat ordinary assistive features differently from content generation, say so.
Specify whether the rules apply to the studio, employees, contractors, publisher, porting and QA vendors, localization providers, and other agents working on the game. State whether they cover the game itself as well as ports, patches, support materials, and marketing. Address both a contractor using AI while creating a deliverable and a publisher or vendor using AI on the project.
Assign an approval process. For each approved system, document the permitted task and input types, the model or service version where available, whether its output may ship, any disclosure requirements, and required human review or modification. Name who can approve exceptions and require written approval.
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A prohibition is not self-enforcing: the contract still needs scope, coverage of relevant contributors, disclosure and recordkeeping duties, and a remedy for breach. A permission-based policy needs an approval process that can be revisited when a tool or its terms change.
Separate deliverable rights from AI-tool permissions
List the rights the studio needs in each deliverable and underlying asset, including assignment or license, exclusivity, territory, term, media, sublicensing, adaptation, localization, updates, ports, and promotional use. Separately state whether either party may submit project material to a model and what rights the tool provider receives in prompts, inputs, outputs, telemetry, or feedback. Require contributors to identify pre-existing and third-party material and provide relevant license information.
For U.S. work, “work made for hire” is not a universal substitute for a rights clause. U.S. Copyright Office guidance describes employee-created work within the scope of employment as one category. A specially ordered or commissioned work requires an express signed writing and must fit a qualifying statutory category. The Office also lists video games within its digital-content registration categories.
The Copyright Office’s January 29, 2025 announcement said AI output may be protected when a human author determines sufficient expressive elements; merely supplying prompts is not enough. It also said AI assistance or AI material incorporated into a larger human-created work does not itself prevent protection of that larger work. The contract should require accurate disclosure of AI involvement and human contributions, rather than promise that every generated element is copyrightable, exclusive, or registrable. That announcement described the Office’s report on training as forthcoming; it does not establish later legal outcomes on that subject.
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Make vendor terms and information part of approval
Before approving a tool or vendor, review the actual terms for commercial use, output rights, retention, training, confidentiality, prohibited content, account tier, termination, service changes, and claims protections. Require the party using the service to identify the tool and version where practicable, disclose material term changes or loss of a stated protection, and provide available information about data provenance, licenses, restrictions, retention, and training use.
If a provider or vendor offers an IP indemnity, record exactly who and what uses it covers, its exclusions, notice deadlines, defense control, remedies, and interaction with liability caps. If no such protection is offered, treat that as an allocated business risk; do not assume the studio is covered merely because it uses the service.
For EU-facing projects, distinguish the general-purpose AI model provider from the studio as a downstream user or system provider. The European Commission’s FAQ describes provider obligations that include a copyright policy and a sufficiently detailed public summary of training content, as well as downstream documentation obligations. The Commission’s guidance page stated that those provider obligations applied from August 2, 2025, with full enforcement to begin August 2, 2026. The Commission also says its guidance is not legally binding. These statements do not, by themselves, determine what a particular studio or vendor owes under a private contract.
Protect confidential material, personal data, and training rights
Name inputs that may not be submitted without specific approval. Common candidates include unreleased game assets, source code, story materials, trade secrets, personal data, and third-party content. Require the vendor or contractor to explain whether inputs or outputs are stored, reviewed by people, shared with subprocessors, retained after termination, or used to improve a service or train a model. Set access controls, deletion timing, incident notice, and—where feasible—evidence of deletion or opt-out.
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Prohibit either party from using the other party’s game materials to train or improve a model without explicit written permission. A general right to use project materials to perform services should not silently become a training license.
Roblox’s creator documentation illustrates why platform-specific settings and dates belong in a review process. It says sharing preferences are configurable, but published games, avatar items, and paid assets published on or after July 10, 2024 have data sharing on by default; older items had it off by default. Free Creator Store assets are shared by default, with no option to disable sharing. Roblox says that after a creator stops sharing, data is removed from the training dataset within 30 days and models trained with it are updated within 365 days. It also says its datasets may include platform creator data, third-party commercial data, permissively licensed or public-domain data, contractor annotations, and synthetic data; its documentation describes training amounts of more than 3 million distinct assets at the upper range depending on system type and version. These are Roblox-specific statements, not general guarantees about AI training, and platform documentation can change.
Allocate warranties, claims, and remedies in writing
Use factual promises that a party can support. Depending on the deal, they may address authority to grant the contracted rights, identification of known third-party material, compliance with approved-tool restrictions, no unauthorized submission of studio material, and platform requirements assigned to that party. State whether warranties cover output made with third-party tools and identify any exceptions.
Set out claim procedures before a dispute occurs. Specify who gives notice, controls the defense, may settle, must cooperate, and pays for mitigation, removal or replacement, and patch work. Require consent for settlements that affect the game if appropriate. Negotiate liability caps and any carve-outs for confidentiality breaches, data misuse, IP claims, unauthorized replicas, or intentional breach; these are contractual risk allocations, not conclusions about legal liability.
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WIPO’s 2024 guide provides an IP checklist for organizations adopting generative AI, and its video-game development handbook identifies conventional contract subjects including IP warranties, licensing, confidentiality, liability, termination, and governing law.
Get specific consent for voices, likenesses, and digital replicas
Use a separate, specific grant when a performer’s voice, likeness, motion, or performance data may be used to create new material. Identify the source recording or capture, intended purpose and uses, game and related media, term, territory, sublicensing, compensation, whether new dialogue may be generated, and any limits on sensitive or materially different contexts. Address what happens when the grant expires or is revoked, where agreed. Permission to use a recorded performance does not necessarily answer whether the studio may train on it or generate new material from it.
SAG-AFTRA’s February 2026 bulletin describes consent requirements under the Interactive Media Agreement for digital replicas and independently created digital replicas. It says consent must be in a clear and conspicuous writing, separately signed, checked, or initialed by the performer, or set out in a separate signed writing, and tied to a reasonably specific description of intended use. Those requirements are agreement-specific: check whether the performer and production are covered and use the agreement text in force for that engagement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Assign platform disclosures and player-facing AI responsibilities
Decide who checks each storefront’s disclosure form and who supplies accurate facts about AI-generated content. For a player-facing generative feature, allocate safety testing, moderation, escalation, logging, and responsibility for outputs. Require the developer to notify the publisher before adding or materially changing such a feature after acceptance.
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Roblox says a game that lets players interact with a generative model in a way that triggers a response must disclose that use in its Content Maturity questionnaire. It defines continuous chatbot-like use or cross-session memory as “extended AI interactions” and says those games need a Restricted content maturity label, making them unavailable to users under 18. Roblox also says users of third-party AI tools remain responsible for delivered content under its standards. These are Roblox platform rules, not rules for every storefront.
Make AI records and release checks part of delivery
Require a lightweight AI-use register that can be updated at milestones and supplied on request. A useful entry records:
- Tool, model or service version, and project task.
- Input category and approval, including any restrictions that applied.
- Where the output was used and whether it will ship.
- Human selection, edits, or other contributions.
- Relevant license, performer consent, or other permission.
- Required platform disclosure, reviewer, and review date.
Require prompt notice if a tool, its terms, or a project use changes in a way that could affect rights or release eligibility. Preserve supporting approvals and name an escalation owner for claims, takedowns, or vendor changes.
Before release, assign an owner to confirm that:
- Approvals and permissions are recorded.
- Confidential or third-party material was not submitted contrary to contract or tool terms.
- Shipped output has been reviewed against project standards.
- Required performer consent and platform disclosures are complete.
- The live storefront requirements have been checked.
Contracts can assign these tasks, but the studio’s pipeline must be able to capture the facts the contract requires.
Choose a policy that fits the project’s risk tolerance
The main policy choice is whether to prohibit generative AI for project deliverables or permit defined uses subject to approval and controls. Compare the trade-offs against the project’s actual circumstances:
| Consideration | Prohibit AI for deliverables | Permit approved uses |
|---|---|---|
| Rights and registration | Can reduce uncertainty about AI involvement in deliverables, but does not guarantee copyright protection. | Requires disclosure of AI involvement and human contributions; protection depends on applicable law and the work created. |
| Monitoring | Still requires coverage of contractors and publisher-side work, disclosure, records, and a remedy. | Requires approved-tool records and ongoing review of tools, versions, terms, and uses. |
| Provider protections | May reduce reliance on provider terms for deliverables, but other project uses still need review. | Depends on available documentation, warranties, and remedies; do not assume an indemnity. |
| Confidentiality and training | Must still address what project material may be entered into tools for any permitted activity. | Needs explicit input restrictions, retention and training terms, and controls over material changes. |
| Performers and platforms | Does not replace specific performer consent or platform disclosure checks for other AI uses. | Requires consent and disclosure processes that fit the performer agreements and each platform. |
| Project fit | May suit a publisher or audience with low tolerance for AI use, if the prohibition can be monitored. | May suit projects that want defined uses and can support approvals, records, and release checks. |
Neither direction is legally safer in every case. The choice should reflect the studio’s jurisdictions, distribution platforms, vendors, contributors, performers, and the publisher’s and audience’s tolerance for AI use.
Have counsel tailor the agreement to the actual deal
The appropriate language depends on governing law, agreement type, platform, union status, vendor terms, and the specific AI use. Treat this as a contract-design checklist, not a universal clause form or a project-specific legal conclusion. Have counsel verify the operative laws, agreements, and platform requirements for the engagement.
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