Right of bankruped companies ?

Post by **KanedaFr** » Wed Sep 07, 2011 10:45 am

Perhaps a silly question, but what happen to games made by compagnies filed for bankruptcy like Kaneko for ex

I mean, what will happen if anyone port these games to newest systems ?

I ask because there are some great games (for me) that I really would like to see now with current system power.
For closed compagnies, I assume it would stay dream to think I could a play a sequel ?

Shiru · Post by **Shiru** » Wed Sep 07, 2011 12:16 pm

Rights never vaporized on bankrupcy, reorganization, folding, etc. They are moving to someone (sold on an auction or something) or still property of someone who owned the company. It is often very tricky to trace who owns rights to something. Also, there are often third parties who could claim the rights, like developers (if publisher is closed) or publishers (if developer closed), or other licensees.

If you look at ZX Spectrum or C64 or some other old 8-bit home computer games scene, you'll see that currently many developers who was not active for like 20 years now suddenly reappear and going to republish their games on iPhone or something, sending cease-and-desist letters to software archive sites as well.

Post by **KanedaFr** » Wed Sep 07, 2011 3:07 pm

Interesting....
In France, working for a company means anything you do while working is the property of the company.
(it was a nightmare for me since it also means my genny or mobile games could be owned by my current employer)

Even if my company closed, I can't claim the rights for a product I made while working.

Anyway, it means I could still dream and perhaps, one day, I'll see my old favorite games came back on my playstation7!

thanks

Shiru · Post by **Shiru** » Wed Sep 07, 2011 3:28 pm

I think, in France it is the same as everythere - it is defined by the contract, although by default all rights to work you've done goes to your employer. Anyway, by 'developer' I meant not a person but company. Developer company can develop a game independently and then sell rights to a publisher, and do that only once (an exclusive deal, all the rights goes to publisher indefinitely or for some time), or many times. In old times independent developement was rather common thing. Other possible case is when a developer make a game using publishers money, this is the most common nowadays, and in this case publisher has all the rights.

Chilly Willy · Post by **Chilly Willy** » Wed Sep 07, 2011 8:19 pm

Such things are generally referred to as "orphaned" works. Some places are trying to change copyright law to deal with orphaned works, but folks like Disney fight these changes as it might affect them some day. These people only support making the restrictions tighter and for longer periods, which in turn results in more orphaned works.

ammianus · Post by **ammianus** » Sat Feb 18, 2012 1:15 am

Sadly, for US copyright law, I think this is the relevant section for most games developed by companies.

(c) Anonymous Works, Pseudonymous Works, and Works Made for
Hire.—In the case of an anonymous work, a pseudonymous work, or a work
made for hire, the copyright endures for a term of 95 years from the year of its
first publication, or a term of 120 years from the year of its creation, whichever
expires first. If, before the end of such term, the identity of one or more of the
authors of an anonymous or pseudonymous work is revealed in the records of
a registration made for that work under subsections (a) or (d) of section 408, or
in the records provided by this subsection, the copyright in the work endures
for the term specified by subsection (a) or (b), based on the life of the author or
authors whose identity has been revealed. Any person having an interest in the
copyright in an anonymous or pseudonymous work may at any time record, in
records to be maintained by the Copyright Office for that purpose, a statement
identifying one or more authors of the work; the statement shall also identify the
person filing it, the nature of that person’s interest, the source of the information
recorded, and the particular work affected, and shall comply in form and content
with requirements that the Register of Copyrights shall prescribe by regulation.

http://www.copyright.gov/title17/

Since most games are less than 30 years old, we've got at least 65 years to wait.

In France, working for a company means anything you do while working is the property of the company.
(it was a nightmare for me since it also means my genny or mobile games could be owned by my current employer)

In my company's intellectual property agreement which we all most agree to, they own everything we do, including work we do at outside of work, on our own time, without any company equipment.

Nemesis · Post by **Nemesis** » Tue Feb 21, 2012 11:50 pm

Yikes! It isn't anywhere near that bad where I work. Anything I create/design on my employer's time belongs to them, but I can (and do) work on my own side-projects outside of work hours, and that work is mine, they can't claim it as theirs. I think that's the "normal" way things are for programming jobs in Australia.

It seems kind of self-defeating to me for a software company to effectively say to its employees "you can't do any programming outside of work". How are you supposed to stay current/interested in programming, learn newer technologies, and broaden your experience, if you only ever see what you're exposed to at work? It's like telling a mechanic he can't service his own car. No, actually, it's more like telling a mechanic "yes, you can service your own car, but if you do, any part you touch becomes our property". I'd tell them to get stuffed.

Chilly Willy · Post by **Chilly Willy** » Wed Feb 22, 2012 5:23 am

Those terms are very common... for entry level positions where the person is so happy to have their first real job that they gladly sign over their kids without looking. After a few years when they go to renegotiate their contract, they're a little more savvy and don't agree to such outrageous terms. It's just typical corporate jackals taking advantage of the young and naive.