Ask for evidence covering your use, not merely evidence that the supplier has relationships with studios. Keep public website terms, publisher licences and studio-specific restrictions distinct.
For example, Pragmatic Play’s public Terms of Use grant access for personal, non-commercial entertainment and describe the licence as non-sublicensable. Those public terms should not be treated as a commercial publisher distribution agreement; a separate applicable permission would need to be established. (pragmaticplay.com)
Demo game licensing agreement checklist
The following is a proposed commercial evidence schedule, not a statement that every item is a statutory requirement.
| Requirement | What to request | What is insufficient on its own |
|---|---|---|
| Authority to supply | Identify the rights holder and the supplier’s authority to permit the proposed publisher use | Studio logos or a partnership announcement |
| Publication method | Explicit scope for embedding, linking, hosting, modification or redistribution, as applicable | A functioning iframe |
| Domains and entities | Covered legal entities, websites, staging environments and additions process | An informal promise of unlimited access |
| Territories | Applicable studio/title restrictions and the treatment of targeted versus incidental visitors | A successful test from one US address |
| Commercial presentation | Permission for review pages, advertising-supported pages and affiliate placements | Permission for personal demonstration |
| Assets and data | Permitted use of thumbnails, logos, screenshots, videos, metadata and translations | Access to download a file |
| Duration and withdrawal | Start date, renewal, suspension, termination and removal obligations | A payment receipt |
| Changes and accountability | Who communicates changes, handles claims and resolves discrepancies | A general support email without ownership |
Where upstream contracts are confidential, request a suitable alternative: a redacted authority statement, rights-holder confirmation or counsel-to-counsel review. Do not require unnecessary disclosure of unrelated commercial terms.
How should you record the evidence?
Use one row per relevant permission and keep the following labels separate:
- Documented: supported by an identified agreement, clause or written permission.
- Supplier-claimed: asserted but not yet substantiated.
- Observed: seen during a specified test; this establishes an observation, not rights.
- Inferred: an analyst interpretation requiring confirmation.
- Unknown or excluded: unresolved, unavailable or expressly outside scope.
Record the source, version, review date, requirement covered, outstanding question and responsible person. Archive the terms accepted at purchase rather than relying only on a live webpage.
Stage output: an evidence-linked rights register and an explicit launch scope.
Stop condition: a material permission is missing, contradictory or excluded. Seek clarification or specialist advice before publishing the affected content. An unknown is not proof of infringement—but it is not an approved procurement requirement either. The Copyright Office’s guidance supports investigating ownership and obtaining permission where warranted rather than assuming public accessibility settles the question. (copyright.gov)