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Episode Summary

Picture this: You and your best friends spend years building your dream game together. Development is an absolute blast, but once money starts rolling in, everything changes. Who owns what? Who gets paid? What happens if someone wants to leave? Without clear answers, you’re setting yourself up for a legal nightmare that could destroy both your game and your friendships.

In this essential episode, we’re joined by Jacob Vela, a rare breed who’s both a practising lawyer specialising in game development AND an indie developer who just launched his first game, Star Rift Saga. Jacob has an incredible ability to translate complex legal concepts into practical advice that actually makes sense.

We dive deep into the legal basics every developer should know but most ignore until it’s too late: understanding what you actually own when you create your game, how to protect your game’s name and brand, what makes a strong trademark versus a weak one, and how to work with publishers without accidentally giving away your IP. This conversation will turn your legal anxiety into confidence and protection.

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Meet Our Guest: Jacob Vela

Jacob Vela is a practising lawyer with Argo Law who specialises in intellectual property and contracts for independent game developers and artists. What makes Jacob unique is that he was a game developer first, using that experience as a launching point into law during his studies.

After focusing his practice on indie developers for the past 2 to 3 years, Jacob recently achieved a major milestone by releasing his first big game, Star Rift Saga, a Metroidvania available on Steam. This dual perspective as both lawyer and developer gives him an incredible ability to translate complex legal concepts into practical, actionable advice that indie developers can actually understand and implement.

Jacob offers free consultations and writes educational blog posts to help the indie development community navigate the often confusing world of intellectual property and contracts.

Website: Argo Law

Game: Star Rift Saga on Steam

Bluesky: Jacob Vela

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Key Takeaways

When this group of friends makes a game together without any kind of formal agreement, who owns the intellectual property by default? The answer is all of them. All of them own it. So it can get very messy very quickly.”

— Jacob Vela, Argo Law

• Your Game’s Value is 100% Intellectual Property: Unlike traditional businesses that rely on physical assets, game studios derive their entire value from IP. Understanding and protecting your creations of the mind is not optional; it’s the foundation of your business.
• Default Ownership Rules Will Destroy Friendships: When multiple people work on a game without formal agreements, they ALL own it equally by default, regardless of contribution. This creates a legal nightmare where anyone can sell the game and must account to others for profits.
• Ideas vs Expression: The Critical Distinction: You cannot protect game mechanics or concepts (ideas), but you can protect the specific way you implement them (expression). The idea of platforming isn’t protectable, but Super Mario Brothers’ specific expression is.
• Trademark Strength Follows the Abercrombie Spectrum: Generic names get zero protection, descriptive names are weak, suggestive names are registerable, arbitrary names are strong, and fanciful (made up) names offer the best protection. Aim for arbitrary or fanciful.
• Copyright is Automatic, But Registration is Essential: You get some protection just by creating something, but to enforce your rights through litigation or takedowns, you need formal registration. Copyright registration is cheap and easy to do yourself.
• Contracts Should Start Day One: As soon as you start working with anyone else on a commercial project, you need contracts. They’re not about trust; they’re about clarity and preventing misunderstandings that destroy partnerships.
• Asset Store Licensing Requires Due Diligence: Using stolen assets makes you liable even if you didn’t know they were stolen. Always use reputable asset stores and verify that licences cover your intended commercial use.
• Fair Use is Not a Magic Shield: Making fan games free doesn’t make them fair use. If you’re arguing fair use, you’re already in a bad position legally. The “30% rule” and “10 things rule” are complete myths with no legal basis.

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Show Notes & Mentioned Resources

Legal Resources

• Argo Law: Jacob’s law firm specialising in indie game development
• US Patent and Trademark Office (USPTO): Official database for searching existing trademarks and patents
• Copyright Registration: Cheap and easy process for protecting your game’s creative elements

Games Mentioned

• Star Rift Saga: Jacob’s Metroidvania with RPG elements and Tetris like skill customisation
• Maze Mice: Puzzle game by Dan Deloreio (Luck Be a Landlord creator)
• Supervive: Battle royale by former League of Legends developers

Legal Concepts Explained

• Intellectual Property Types:
  • Copyright: Protects art, code, sound, music, story, characters
  • Trademark: Protects brand names, logos, source identification
  • Patents: Protects inventions (rare for indie games, very expensive)
  • Trade Secrets: Information kept confidential (like KFC’s recipe)
• Abercrombie Spectrum of Trademark Distinctiveness:
  • Generic: No protection (calling your game “Video Game”)
  • Descriptive: Weak protection, needs secondary meaning
  • Suggestive: Registerable protection (Electronic Arts, Street Fighter)
  • Arbitrary: Strong protection (Valve, Bungie)
  • Fanciful: Strongest protection (Pokemon, Sega)
• Contract Essentials:
  • IP ownership clauses
  • Scope of work definitions
  • Payment terms and timing
  • Warranties and indemnifications
  • Termination conditions

Famous Patent Examples

• Mass Effect Dialogue Wheel: Patented interface system
• Nemesis System: Warner Brothers’ patented AI system from Middle earth games
• Apex Legends Ping System: Patented for accessibility, made available to others

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