Board game contracts

A board game licensing contract grants a publisher the right to make and sell your game in exchange for payment, usually royalties. The core terms every contract addresses are: what rights you are granting (the game design), the territory and languages covered, the royalty rate and how it is calculated, any advance, how long the deal lasts, and what happens if the publisher never actually publishes the game.

The most important protective clause is reversion. A good contract returns all rights to you if the publisher fails to publish within a set window, commonly 18 to 24 months, or lets the game go out of print without reprinting. Without reversion language, a publisher who loses interest can hold your design indefinitely while paying you nothing. Ask for it, and treat a publisher who refuses any reversion terms as a warning sign.

Understand exactly what base the royalty is calculated on, because "5 percent" can mean very different amounts. Most contracts pay on wholesale or net receipts, meaning the money the publisher actually receives, not the retail price on the box. Watch for deductions that shrink the base, such as subtracting freight, marketing, or vague "costs" before calculating your share. Also check how copies sold through crowdfunding, direct sales, and foreign licensing partners are treated, since those often carry different rates.

Other terms worth attention: audit rights so you can verify sales reports, payment schedule (quarterly or twice-yearly statements are standard), credit (your name on the box is normal and you should insist on it), sequel and expansion rights, and whether the publisher can sublicense the game to foreign partners. None of this requires paranoia. Most publishers use fair standard contracts, but you are expected to read, understand, and negotiate. Asking questions is normal and no reputable publisher is offended by it.