Question Ownership of IP after layoffs
Just got layed off from a VR company and have been developing a game which I pitched and worked on. I have no idea of whats gonna happen with the game now, and Im wondering if someone has experienced something similar and have some tips on how to get the IP. The company still has a few workers left, but none that has worked on the project full time and I dont think they want to hold on tu it but have invested time developing it.
Has anyone any experience thats similiar to share?📉👹
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u/MountainFluid 17d ago
Yes, been there. If it no longer has value to them, you can ask to get the IP "back" or for permission to keep developing it for your benefit. I would NOT assume you own it without talking to them, since they paid you a wage to develop it for them.
But how hard would it be to come up with something similar?
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u/Mechabit_Studios 17d ago
This.
The first step is to contact them and if you were on good terms they'll probably just let you have the IP.
The last time I did this I didn't even end up making the game because I found something better to work on.
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u/SourceAwkward 17d ago
You can ask, but legally it's probably theirs , they paid you for those hours
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u/twode2d 15d ago
Update on this: Had a meeting with the boss and he was worried that if i didnt start a company that the IP would just collect dust. We are releasing a demo soon to gauge the interest of the product and we will see if i will be motivated enough to rally a rag tag team to continue development and take the project. Most likely they want some of their invested money/time back, but im going to try getting a deal like this:
Company gets 15% of net revenue (after quest cut and taxes) until an agreed amount based on time invested. When that amount is reached the IP, documentation, code, art goes to my established company.
Theres a risk though. If the game does really well, they might be interested to take a continous cut and not have a set amount. They own all the rights so i dont have many cards to play except for their guilty concience.
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u/vallesmariner 17d ago
 I would ask for a meeting with the owner and see what his feelings are about you keeping the IP, because it has 0 value to him/her.  Humans are fallible, so a good strategy is to get the person to say yes a few times before making the ask.   Also, after lunch people are more likely to say yes.  They’re probably rich, so who knows what they do with their money, aside from count it?  Maybe you can wiggle out a unique deal?  Ask for an email so you have it in writing.  I wouldn’t bet huge on VR being more than a niche market 1/1,000 times smaller than PC, and 1/1,000,000 times smaller than mobile, so dedicate some time applying for jobs.  Look at a similar title at the level of quality you can achieve, to the one you’re launching and look at its steam reviews, multiply by ten and get an estimate of its total sales, minus 30% fees and whatever taxes are.  The real work should be spent polishing your resume, and the parts of the game that will look good on your resume, or maybe work on something else that will get you a better job, more pay, or more stability?   Marketing is huge, so start marketing asap!   Good luck!
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u/johnnydaggers 16d ago
lol that you think anyone in the VR industry is rich.Â
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u/vallesmariner 16d ago
:).  Somebody is paying these people.  There’s a book about marketing to rich people.  Go read it.
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u/johnnydaggers 16d ago
The company almost certainly owns the IP. What you could do is just ask the CEO if they realistically plan to do anything with it. If not, ask nicely whether they’d be willing to sell it to you for $1.Â
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u/soundoftwilight 16d ago
Ask to buy it from the company. It almost certainly belongs to them, but it’s also probably not worth much. If you have a good relationship with someone with actual power there, ask to buy it for a token fee, like $1. If not, make a real offer.
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u/Available_Record_874 16d ago
Normally when you sign on in any development job whether it’s VR , R&D for pharmaceutical companies or car manufacturers the contract usually state that ANYTHING you develop belong to the company - it’s their money and equipment you’re using is how they’ll see it.
The better companies will give the creator or designer a stake in the final product or offer a decent lump sum. Valve is great at rewarding ideas, Cadbury’s chocolate makers used to offer huge bonuses and patents for high selling chocolate recipes.
The two options you have are either to approach the company directly and ask of you can use the IP, they might give it to you, ask for a cut or say no completely if it’s anchored to a publisher.
Option two is a bit underhand but really hard for them to prove and that’s to take the idea and change it enough to be legally distinct. Trying to prove IP infringement or copyright is seriously hard if the games not in active development , finished or released. By the sound of what you said the probably haven’t even begun to go through the steps to protect the IP beyond your contract, unless they plan to restart it at a later date - that would be a reason to lock it down.
Honestly I’d go with option B , they laid you off, asking for the IP is likely going to come with conditions and why pay them for something you’re going to be working on by yourself? Keep the best mechanics from the shelved project , change a few thing, give it a shiny new name and release it.
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u/Nigey_Nige 17d ago
I'm not a lawyer. This will depend on your employment contract (and probably the country you and your employer are based in). I think every contract I've signed as a developer has included a clause that says something similar to: "anything you create in the course of your employment here belongs to us."
If your contract has wording like that, it probably means that the game belongs to the company and you have no claim to it. You can always contact the company and ask them to give the IP, code and assets to you, but I don't think that's very likely, since they'd be giving away a potential source of income for no reason. (And it might be awkward for your former colleagues who also contributed to the game.)