In this episode, Partner Kate Cruickshank, and Special Counsel Lauren Archer, discuss how to structure a gaming development studio for long-term success, protect its intellectual property (IP), and leverage opportunities to adapt games into films.
[01:11] Kate and Lauren discuss why business structure matters from the outset for creative ventures. Lauren explains that while there’s no single correct business structure, choosing the right one early prevents future complications. She outlines some guiding principles: simplicity, flexibility and scalability, asset protection, and tax efficiency, which should be considered to support long-term growth.
[03:58] Lauren compares limited liability companies and limited partnerships as two main options for new ventures in creative industries, noting that while companies are straightforward and well understood, limited partnerships can offer tax advantages.
[05:20] Lauren and Kate discuss how to safeguard a creative studio’s most valuable assets, its Intellectual Property (IP), by separating IP ownership from day-to-day operations by way of subsidiary companies.
[06:41] They talk through building your team and incentivising contributors, highlighting the importance of defining clear relationships with co-founders, employees, and contractors to avoid future disputes. Lauren explains how employee share schemes or phantom share options can align incentives and retain key talent for cash-poor start ups.
[08:48] Kate walks listeners through the process of turning a successful game into a film, emphasising the need for a clear and complete “chain of title” to prove ownership of all IP components before licensing adaptation rights. She then unpacks film licensing and option agreements, explaining in detail how to protect a studio’s interests by negotiating reversion clauses and fair compensation structures.
[19:01] Kate outlines how game developers can maintain influence over film adaptations through consultation or approval rights while protecting their brand. She also explains funding mechanisms in New Zealand, including screen production rebates, Film Commission grants and official co-productions and the importance of keeping game IP rights separate from film rights to preserve creative freedom for future gaming projects.
Information in this episode is accurate as at the date of recording, 30 September 2025.
Please contact Kate Cruickshank, Lauren Archer or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.
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