Virtual Legality

Not much attention has been paid to the Epic Games Store's (EGS) "Support-A-Creator" program as of yet, but with news that creators (aka "influencers") will receive a commission of fully 20% (!) for sales of Borderlands 3, questions abound.

What disclosures are required for such an arrangement? Should they be more robust than reference to a simple affiliate link?

What role does the limited time for the promotion play, especially given that the time period is in advance of the actual release of the game?

What does the Federal Trade Commission (FTC) have to say on this, and how is it another instance which highlights the age of some of the Commission's current guidance?

If we ever earned a commission we'd declare it...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/T920yTxkOM4

#EpicGamesStore #Borderlands3 #VirtualLegality

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Discussed in this episode:

"Support-A-Creator Update..."

Tweet - August 27, 2019 - Epic Games Store

https://twitter.com/EpicGames/status/1166413462928596992

"20% commission (or $12 per sale) is a lot..."

Tweet - August 27, 2019 - Chris Davis (@cdavis_games)

https://twitter.com/cdavis_games/status/1166415213173694464

"SUPPORT-A-CREATOR PROGRAM"

Epic Games Webpage

https://www.epicgames.com/affiliate/en-US/overview

"The FTC’s Endorsement Guides: What People Are Asking"

Federal Trade Commission Webpage

https://www.ftc.gov/tips-advice/business-center/guidance/ftcs-endorsement-guides-what-people-are-asking

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FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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No matter what you may have heard: NONE of Tom Holland, Kevin Feige, Disney, Sony, or Marvel have confirmed ANYTHING about Spider-Man's future in the Marvel Cinematic Universe (MCU).

Why? Because there's nothing to confirm.

Don't let the headlines fool you.

We ALWAYS turn to the source...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/uadCcubsp8A

#SpiderMan #Disney #Sony

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Discussed in this episode:

"BREAKING: Tom Holland and Kevin Feige confirm that Spider-Man will NOT return to the MCU."

Tweet - August 24, 2019 - IGN

(https://twitter.com/IGN/status/1165389601621651456)

"Tom Holland and Kevin Feige on Spider-Man's Future After Marvel-Sony Talks Collapse"

IGN - August 24, 2019 - Jim Vejvoda

(https://ign.com/articles/2019/08/24/tom-holland-and-kevin-feige-confirm-spider-man-leaving-the-mcu?sf107759795=1)

"Tom Holland opens up about Spider-Man's future in wake of Disney-Sony rift"

EW - August 24, 2019 - Devan Coggan

(https://ew.com/movies/2019/08/24/tom-holland-spider-man-future-disney-sony/)

"Sony, Disney, Spidey, and Feige: A Study in Brinksmanship (VL91) (Hoeg Law)"

(https://youtu.be/NLEX8dm-p4Y)

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PODCAST VERSIONS AVAILABLE AT

Spotify: (https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:

(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:

(https://soundcloud.com/user-510342404)

Google Play Music:

(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)

***

"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

Join us in Virtual Legality for a very special discussion of intellectual property, copyrights, creative ideas, implied contracts, movies, scripts, theft, and much, much more, all amidst the gloss and glamour of Hollywood with the authors of "Creativity and Copyright: Legal Essentials for Screenwriters and Creative Artists", screenwriter/attorney John L. Geiger and professor Howard Suber.

This one's not to be missed.

COPY OF "CREATIVITY AND COPYRIGHT: LEGAL ESSENTIALS FOR SCREENWRITERS AND CREATIVE ARTISTS" PROVIDED BY UNIVERSITY OF CALIFORNIA PRESS FOR PURPOSES OF FACILITATING THIS INTERVIEW.

CHECK OUT THE VIDEO AT: https://youtu.be/KK9v2Su3zTs

#CreativityandCopyright #Interview #VirtualLegality

***

Discussed in this Episode

"Creativity and Copyright: Legal Essentials for Screenwriters and Creative Artists"

Authors: John L. Geiger and Howard Suber

Available from the University of California Press

(https://www.ucpress.edu/book/9780520303539/creativity-and-copyright)

Mr. Geiger and Mr Suber will also be appearing at:

The Last Bookstore

453 South Spring Street

Los Angeles, CA 90013

on August 29, 2019 from 7:30-9:00 PM PDT

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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(0:00) Intro

(1:14) IGN Tweet

(3:38) IGN Article

(5:18) The State of Play

(9:40) The Future

(16:09) Conclusion

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As Epic Games and their Epic Games Store (EGS) collects exclusives away from PC competitors Steam and Good Old Games (GOG), we've seen a cottage industry of video game developers commenting on why they've taken that Fortnite cash.

And now, with Unfold Games and DARQ, we get a piece on why they *didn't* take the loot box offered by Epic.

What did Unfold Games have to say about their reasoning?

Why might it have been shrewd to publish their comments regardless of reasoning?

What mistakes did they make?

And why should you never publish the emails?

This video description is protected by copyright...in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/KMb7qbOmSt0

#DARQ #EGS #VirtualLegality

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Discussed in this episode:

"[T]his is how Epic offer looks like..."

Tweet - August 17, 2019 - Dejan (@dex3108)

(https://twitter.com/dex3108/status/1162920977862418434)

Why I turned down exclusivity deal from the Epic Store (developer of “DARQ”)

Medium Post - August 17, 2019 - Unfold Games

(https://medium.com/@info_68117/why-i-turned-down-exclusivity-deal-from-the-epic-store-developer-of-darq-7ee834ed0ac7)

"Sixteen Things Writers Should Know About Quoting From Letters"

Blogger (Rights of Writers)- February 4, 2011 - Mark Fowler

(http://www.rightsofwriters.com/2011/02/sixteen-things-writers-should-know.html)

***

FOR MORE CHECK US OUT:

On Twitter @hoeglaw

At our website: https://hoeglaw.com/

On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

On "Help Us Out Hoeg!" a regular segment on the Easy Allies Podcast (formerly GameTrailers)

(https://www.youtube.com/channel/UCZrxXp1reP8E353rZsB3jaA)

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(0:00) Intro

(6:50) Sony buys Insomniac

(15:15) Acquisition cost

(16:57) Quotes

(22:56) Conclusion