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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 | Corporate/Commercial, Vancouver, BC, +1 604 631 4850, [email protected]
  • Gerald (Jay) Kerr-Wilson, Partner | Trademark Agent | Intellectual Property, Ottawa, ON, +1 613 696 6884, [email protected]
  • Michael Shortt, Partner | Trademark Agent | Video Games and Computer Games, Intellectual Property, Montréal, QC, +1 514 397 5270, [email protected]
  • Andrew C. Alleyne, Partner | Corporate/Commercial, Toronto, ON, +1 416 868 3338, [email protected]
Karam Bayrakal, Partner | Corporate/Commercial Karam Bayrakal Partner | Corporate/Commercial Vancouver, BC +1 604 631 4850
Jay Kerr-Wilson Ottawa Lawyer Gerald (Jay) Kerr-Wilson Partner | Trademark Agent | Intellectual Property Ottawa, ON +1 613 696 6884
Michael Shortt Montréal Lawyer/Avocat Michael Shortt Partner | Trademark Agent | Video Games and Computer Games, Intellectual Property Montréal, QC +1 514 397 5270
Andrew Alleyne Toronto Lawyer Andrew C. Alleyne Partner | Corporate/Commercial Toronto, ON +1 416 868 3338

Experience

  • 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.], On September 22, 2021, Vancouver-based Dapper Labs, Inc. announced their US$250 million new funding round led by Coatue and existing investors a16z, GV, Version One Ventures and two new investors BOND and GIC. Dapper Labs is the company behind NBA Top Shot and Flow Blockchain. They use blockchain...

Knowledge

  • Fortnite Addiction Class Action Approved by Quebec Superior Court, 1/23/2023
  • “Making Available” – The Supreme Court Rules That There Is Only One Royalty Fee to Be Paid, 7/28/2022
  • What’s in a Name? New Entries in CIPO’s Goods and Services Manual and Why they Matter for Trademark Applicants, 6/28/2022
  • Is Code Law?, 5/4/2022
  • Crypto Gaming: Raising the Stakes for Video Game Publishers and Developers, 4/27/2022
  • Everyone’s a Critic: Copyright Considerations for YouTube and Twitch Reaction Videos (Part II), 6/14/2021
  • Everyone’s a Critic: Copyright Considerations for YouTube and Twitch Reaction Videos (Part I), 6/2/2021
  • Online Gambling is Almost Here in Ontario and the Province is Asking for Feedback, 3/30/2021
  • Opening Pandora’s Loot Box? Canadian Class Action Lawsuit Over Loot Boxes May Provide Guidance On The Legality of Loot Boxes in Canada, 11/3/2020
  • Mind the Wrapping: Ensuring the Validity of Online Agreements, 2/12/2020

Events

News

  • Games Industry quotes Michael Shortt in an article on piracy in the gaming industry, 12/8/2023
  • CTV News quotes Nicolas-Karl Perrault in an article on video game addiction, 3/30/2023
  • The Canadian Press quotes Michael Shortt in an article on video game studio taking legal action against Montreal game tester, 11/11/2019
  • Dataguidance.com quotes Alex Cameron in an article about the importance of custody and control issues, 3/1/2018
  • Fasken Doubles Top Tier Rankings in Legal 500 Canada 2018, 12/7/2017
  • Four Fasken Martineau Lawyers Recognized in the 2017 Edition of World Trademark Review 1000 - The World’s Leading Trademark Professionals, 1/25/2017
  • The Legal 500 Canada 2017: 63 Fasken Martineau lawyers ranked, 11/15/2016
  • Fasken Martineau awarded for its approach towards supporting new entrepreneurs, 5/1/2015

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