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EA's Moledina: Publishers Should Concede IP Ownership

But as digital downloads rise, publishers are still vital to the future of indie games, says EA's indie talent scout.

During a frank speech to developers at the Gamesauce conference in Seattle, Jamil Moledina, outreach director for EA Partners, told indies, "Don't be afraid to keep what you deserve."

He discussed the relationship between publisher and independent developer – particularly making the process work both sides. "This is something I encounter on almost a daily basis," began Moledina, who signs independent studio game projects.

There’s always been a process for developers to approach the company and make a pilgrimage to EA's Redwood Shores headquarters, he noted, but he believes there is value in going out, mixing with developers, and always watching for what’s new. "I think it’s more and more important to go out there and find talent."

Moledina also described how the ten-year odyssey of pitching and finding agents for his science-fiction novel now colours his own view of developers coming to him with game ideas: "[it] made me understand being an independent."

Primarily focused on downloadable games, such as those on PlayStation Network or Xbox Live, with Deathspank and Shank being recent signings, Moledina noted the importance of polish, because people will want to put them on their brand-new high-definition televisions, or show them to their friends; an unpolished experience isn’t as sharable.

There’s a growing notion that digital distribution means a democratisation of content, and that in the age of digital distribution there isn’t the same barrier for a developer there was in the days of retail. "We're told developers no longer need publishers," Moledina said. "This is something that is all well and good until you get to the practice of it."

He said that when an independent developer goes it alone, the platform will request a window of exclusivity for the game. "Of course, request is a very nice way of putting it."

Moledina revealed there are a maximum of 104 slots for games published in a given year on the digital download platforms. On top of that, he says, there’s a limited marketing budget for the slate. "As much as there is this great democratisation ... there's still some monopolistic tendencies that come with this."

This leaves room for publishers to represent these developers and take advantage of their relationships with platform companies as well as their strengths with marketing and promotion. Moledina painted an idealised picture of both publishers and developers playing to their strengths to create win-win situations.

When it comes to developers retaining intellectual property rights, he told them: "Don't be afraid to keep what you deserve." In western civilisation, he said, there is a tradition of valuing creativity. Owning the IP can be important, and it possible for small developers - make sure you can argue for it."

"Publishers are data-driven creatures," he said, and often that data drives them to want sequels. They often believe they must own the IP rights outright, simply so they can make a sequel. "This is something a publisher should concede," Moledina stated. Instead, he suggested that publishers should simply ask for sequel rights as part of the negotiations.

"It’s an odd thing, because we continue to see and hear from developers ... that they're being forced to give up the IP," he continued. "Publishers are not that good at taking advantage of the IP unless the original creative team is involved."

For more on the importance of IP rights for small and independent developers, see Rupert Clark's column, Knowing Your Rights, here.