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MechWarrior Creator Weisman On IP Rights: 'Don't Sell 'Em'
by Chris Remo
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August 21, 2009
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FASA founder Jordan Weisman, co-creator of BattleTech/Mechwarrior, Shadowrun, and Crimson Skies -- and one of the game industry's perpetual entrepreneurs -- has learned a lot over his long career about managing intellectual property.
He now licenses the game rights to those franchises back from owner Microsoft at his latest venture, the cross-media company Smith & Tinker, which also fully owns the ambitious children's franchise Nanovor.
So what exactly has Weisman learned about property rights? "Don't sell 'em," he told Gamasutra flatly in a recent interview.
Starting with pen-and-paper games and moving into a number of different entertainment segments, the now-defunct FASA Corporation and FASA Interactive once managed an impressive array of fictional universes, most of which are now tied up in a convoluted ownership mess.
"You know, for twenty years, or a little less, we carefully managed those properties MechWarrior and Shadowrun," Weisman said. "We made sure all the video games, the novels, the games were all really woven together. It was all..."
He trailed off, then started to lay out the state of FASA's former assets: "We ended up selling both companies off to two different people. WizKids bought FASA, and then Topps bought WizKids, and then [Michael] Eisner bought Topps."
"Now, sort of, Eisner owns the movie rights, and all the story rights for MechWarrior, and Microsoft has the video games. And then I license the video game rights back from Microsoft."
Weisman added that this didn't just add complexity to the legal state of the properties, it had a direct negative effect on the brands. "Once that ownership got a little fractured, it became really difficult to manage cohesively," he said," and I think the property suffered."
Still, the recent announcement of a new MechWarrior title -- and unconfirmed rumors about some other classic FASA properties making a return -- indicates Weisman has no intention of letting the worlds he helped conceive fall into disrepair, even if he no longer owns them.
"One of the motivations on licensing it back was to get it back on track and create a more cohensive home for it," Weisman explained, "so I'm working with Eisner and his people, and with Microsoft, and we're trying to do this in a much more cohesive fashion again."
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Maybe you actually have to create 5 or 10 games before you hit the one that is going to be the mega franchise. If so, that's 5 or 10 separate IPs that you have to manage. That's a lot of administrative work. It stops you from getting on with the business of creating new IPs. You're cranking out small indie games that you own 100% of the IP for, but you don't have the time to market them because you're too busy working on the next one. Or you make one game that does reasonably well, but now you're stuck making sequels for it and managing it because you're white-knuckled about owning the IP. Shouldn't you maybe make a *new* IP and get on with expanding your talent?
So how about this alternative?: Make a contract that explicitly states how you will rewarded if your IP is spun off into sequels, remakes, movies, tv series, theme parks, paper based games etc. Make a contract with a producer that gives them a certain amount of time to deliver. If they can't the rights revert to you. If they can, you've got a job - but you also have some freedom.
Now you know that if you're IP is a hit, you'll get rewarded. BUT you're also free from the burden of having to manage it.
Remember: owning an IP isn't the ultimate goals. It's being *rewarded* for the IP that counts. And to that you need to focus on creating new IP - not managing it.
This is how filmmakers do it. They act as free agents, they get good agents working for them, they know how to do a good deal (e.g. Zack Snyder, director of 300, sold his IP to EA: http://www.gamasutra.com/php-bin/news_index.php?story=20428 - it lets him get on with creating new IPs).
Do you sell your IP to a company you control - but which, down the road you may lose control of. This is the typical route of game developers when they make their own studios.
Or do you sell your IP directly as a free agent. This is what filmmakers do.
If you do the latter and get a good deal, it doesn't matter who owns the franchise - if it gets sold to Warner Bros or EA or whatever: it's written in black and white that any time they sell a unit they owe YOU a small residual. The deal is with YOU, as a free agent.
You might lose controlling ownership of your studio, but how can you lose ownership of your own person?
To me, that's about the most solid kind of deal you can make.
Crimson Skies II for 360? Please?
You don't have to sell IP to a company you control if you own the company itself. If you own the company, and it's a private company, there is no way for you to lose control of it without your consent. Weisman made the choice to sell FASA -- it wasn't forced from his grip -- and he apparently regrets it.
just thought you should know...
MechWarrior 4 was a happy time in my life, I'm gonna start watching battlemech.com for that free download. I can't wait to see what you guys do next too.
I still love giant robots...
Wizards+rocket launchers == win;
So it comes down to this: sell your controlling stake and then hope you can get along with your investors and pay yourself dividends or sell off your share later on.
@Timothy Ryan: Yes, you can keep tight control over your IP. But you won't have the time to go off and create other IPs doing so. You're dooming yourself to a one-game/one-franchise future. Even if you make more games, as a designer you're stuck within what your tech IP can do. Basically you aren't a game designer now - your an executive.
This is what I say: If you want to be a *game designer* - if you want to hammer out designs (lots of them), and get them made - you have to be prepared to let go control of them and act as a free agent.
But that's not such a bad thing *if you just learn how to make a good deal*. Plus, if the game industry will allow you to work as an individual creator rather than a piece of property.
I know Jordan personally. His abilities as a game designer are not limited by his current IP woes. He's probably the most imaginative person I know.
It would also help if the publishers understood how important these properties are to designers. What is merely an "IP" to them is blood, sweat, tears and so forth to the designer. That's a cultural issue, I think, as much as a contract one.
Now you have Game X. But you have to make Game X2. But Game X2 isn't a new game. It's just the same IP, with some more content and features. It isn't a new game.
Plus, since you are a studio - instead of a free agent - you gotta pay the overhead. That means you can't take time off and think of something new; no you have to get onto the next project - which is usually a sequel. So whatever idea you had for a different IP - a non-Game X2 - you have to put on the backburner for some distant time. You're too busy managing the studio you made.
I think the guys who did Age of Empires recently ran into this issue. They cranked out so many sequels that now they can't do anything but RTS games. They want to do something new, something other than an RTS, but they're stuck - the publishers only think of them as RTS-makers now. So I heard.
I suppose this is a good situation for some people though - who only want to design one game, then crank out millions of sequels for it. But if you see all kinds of possibilities to design a wide range of games, it's constraining.