Require evidence tied to the proposed use, rather than a generic statement that the supplier is licensed. This is a procurement gate; legal counsel should assess whether the evidence and contract are sufficient.
The Copyright Office’s permission guidance emphasises identifying the exact material, intended use and audience. Actual supplier terms demonstrate why specificity matters: First Look Games limits purposes and restricted markets, while MarketJS distinguishes standard single-domain licensing from custom arrangements. (copyright.gov)
Which publishing methods need separate treatment?
The following is a proposed permission checklist, not a statement that every method has the same legal requirements:
| Intended method | Evidence to request | Do not assume |
|---|---|---|
| External play link | An approved destination and permission for accompanying assets or promotional presentation where needed | Permission to link also permits framing or copying |
| Hosted iframe | Authorisation for embedding on the named properties and serving the intended audience | A publicly reachable endpoint is a licence |
| API-generated launch | Rights for the returned launch method, authentication conditions and permitted domains | An API subscription grants all underlying game rights |
| Self-hosted compiled game | Delivery and hosting rights, licence term, update arrangements and dependency inventory | Receiving files transfers ownership or source-code rights |
| Screenshots, logos and game descriptions | Asset-specific reuse and modification permissions | Playable-game access includes every marketing asset |
| Redistribution to other publishers | Express downstream distribution or sublicensing authority | Multi-domain use by one business permits reselling access |
MarketJS, for example, expressly distinguishes compiled deliverables from raw source code and retains the game IP under its standard model. First Look Games’ publisher EULA prohibits sublicensing. Those are concrete reasons to separate hosting, ownership and redistribution in the brief. (marketjs.com)
What belongs in the rights register?
Request a record for each relevant game, studio or expressly defined catalogue schedule:
- Contracting entity and the capacity in which it grants rights.
- Evidence of authority to permit the proposed downstream use.
- Named production domains, staging environments and covered group entities.
- Intended US audience, exclusions and any state-specific conditions.
- Permitted presentation: editorial review, affiliate page, advertising or entertainment portal.
- Covered game versions, assets and languages.
- Whether promotion, screenshots, metadata reuse and modification are included.
- Testing and monitoring permission, including automation and test locations.
- Expiry, suspension, removal notice and post-termination obligations.
- The controlling agreement, version date, clarification correspondence and review owner.
These are recommended procurement fields, not claims that every supplier offers them. Where a complete upstream contract cannot be disclosed, ask counsel to specify acceptable alternatives, such as a studio confirmation, redacted authority statement or contractual warranty.
Keep “not evidenced” separate from “not permitted”. The former blocks this desk’s approval pending clarification; it is not an allegation of infringement.