Gamasutra: The Art & Business of Making Gamesspacer
View All     RSS
May 31, 2016
arrowPress Releases
May 31, 2016
PR Newswire
View All
View All     Submit Event

If you enjoy reading this site, you might also want to check out these UBM Tech sites:


Dan Rogers's Blog   Expert Blogs


Dan Rogers is licensed to practice law in the State of California and the Eastern Federal District Court. As an attorney, he has advised or negotiated with international interactive game publishers, developers, and technology companies. He’s consulted social media and online magazine clients launching new and innovative businesses and defended their intellectual property rights with a zeal that comes only from someone who understands the value of creating something from the abstract. 

Prior to his law practice and for over twenty years, Dan was intimately involved with technology and video game development, working in senior executive positions at IBM, Sierra On-Line (Vivendi), Virgin Interactive, and Interactive Studio Management. He’s also been involved in more than a dozen million unit-selling video games.  

In addition to his law practice, Dan is an adjunct professor at San Joaquin College of Law in Clovis, California, where he teaches interactive media law and serves as a member of the law school’s technology committee.


Visit the firm website at


Expert Blogs

Posted by Dan Rogers on Mon, 09 Mar 2015 06:47:00 EDT in Business/Marketing, Serious, Indie
Kickstarter provides a unique opportunity to match those who dream big with people willing to pay in advance or give a small gift for the same. At the same time, it comes with a host of legal liabilities that few really understand.

Posted by Dan Rogers on Mon, 26 Jan 2015 12:52:00 EST in Business/Marketing
Examining the legal implications of the post-mortem right of publicity as applied to Maximum v. CMG Worldwide.

Posted by Dan Rogers on Thu, 17 Jul 2014 11:47:00 EDT in Business/Marketing, Indie
The lawsuit between ZeniMax and Oculus offers game developers and publishers new insight into the power of a non-disclosure agreement.

Posted by Dan Rogers on Tue, 13 Aug 2013 09:30:00 EDT in Business/Marketing
Getting Back the Intellectual Property Rights to Your Game

Posted by Dan Rogers on Fri, 09 Aug 2013 10:54:00 EDT in
What does work made for hire mean, and how does it affect your ownership of the assets you create for a game?

Posted by Dan Rogers on Tue, 06 Aug 2013 04:40:00 EDT in
Most people fail to realize that the games they purchase on-line are licensed, without the ability to resell them. In Capitol v. ReDigi, this was tested and it appears that publishers--at least for the time being--have prevailed.

Dan Rogers's Comments

Comment In: [Blog - 03/09/2015 - 06:47]

Ron, r n r nIf ...

Ron, r n r nIf a dispute arose between a campaigner and backer or multiple backers in the case of a class action , the terms of the Kickstarter TOS will be used to navigate the promises that that campaigner provided. Without getting into the details, the Kickstarter TOS is ...

Comment In: [Blog - 01/26/2015 - 12:52]

Bart, thanks for the comments, ...

Bart, thanks for the comments, etc. It 's nice to be appreciated. Regarding the roots of publicity law, you are correct that these stem from Griswold citation 3 in the article above, which includes a link to a great article on the history of this body of law . Nevertheless, ...

Comment In: [Blog - 08/09/2013 - 10:54]

Thanks for the input, Michael. ...

Thanks for the input, Michael. And you 're right that assignment is an important aspect of the copyright ownership puzzle.

Comment In: [Blog - 08/13/2013 - 09:30]

Craig, r n r nTrademarks ...

Craig, r n r nTrademarks are a different issue. In the literary world, unless your book is tied to a series, then TM isn 't available, but you 're right, the same isn 't true in the video game industry. That said, TMs can and are often abandoned, so there ...

Comment In: [Blog - 08/06/2013 - 04:40]

Martin, your comment regarding moving ...

Martin, your comment regarding moving or storing music in other locations was argued by ReDigi, but the court was not convinced. Here 's that portion of the Court 's discussion: r n r n ReDigi also argues that the Court 's conclusion would lead to irrational outcomes, as it would ...

Comment In: [Blog - 08/07/2012 - 01:03]

Regarding Atari v. Phillips, Jeremy ...

Regarding Atari v. Phillips, Jeremy is right in concluding that that case offers another dimension to consider. In the next post, I 'll be discussing the merger and sc nes faire doctrines, which will certainly color this case as well. Stay tuned. D