Thomas H. Buscaglia, Esquire
Tom Buscaglia: The Game Attorney
Tom Buscaglia, The Game Attorney, is a principal in the law firm The Game Attorney PC with offices in the Seattle, Washington, area. Tom is admitted to practice in Washington State, Florida and the District of Columbia, as well as in Federal Trial and Appellate Courts, including the United States Supreme Court. In addition to obtaining his Law degree, with honors, from Georgetown University in 1985, Tom holds a B.A. in Philosophy from S.U.N.Y., Buffalo, with honors.
Tom has counseled independent game developers since 1991 on game industry business and legal matters. Representing industry luminaries and newcomers alike, Tom works virtually from a secure facility in the Seattle, Washington area. He speaks regularly at game industry events, including GDC, PAX and Valve’s Dev Days. Tom created and managed the IGDA Business and Legal Webinar series, wrote the chapter “Effective Developer Agreements” for the book, The Secrets of the Game Business and published numerous game industry related articles, including in the Game Law series and an Expert Blog on Gamasutra.com. Tom, a former Member and Chair of the IGDA Board of Directors, co-founded the IGDA Charitable Foundation and chairs the IGDA Business and Legal SIG. As FaTe[F8S], Tom is founder and Supreme Warlord of FaTe’s Minions, an online gaming "clan" that has been playing together online since January, 1998.
Presentations, Publications and Associations
Speaking Engagements
10/16 Valve’s Steam Dev Days (Seattle Washington)
“Healthy Publisher Relationships”03/16 Game Developers Conference (San Francisco, California)
“IGDA Business and Legal SIG Roundtable”08/15 IGDA Leadership Summit (Seattle, Washington)
“The Game Attorney’s Indie Start Up Boot Camp”04/15 IGDA Webinar (Business & Legal)
“The Art of Negotiation”03/15 Game Developers Conference (San Francisco, California)
“Business and Legal Roundtable”10/14 IGDA Webinar (Business & Legal)
“Q&A with Michael Pachter”09/14 IGDA Webinar (Business & Legal)
“Publishers: Who Needs Em”06/14 IGDA Webinar (Business & Legal)
“Game Developer Intellectual Property Primer”03/14 Game Developers Conference (San Francisco, California)
“Business and Legal Issues for Game Developers”07/13 IGDA Summit at Casual Connect (San Francisco, California)
“The Game Attorney’s Indie Start Up Boot Camp”
"Giving Back”07/13 Amazon and IGDA Seattle Event
“The Game Attorney Intellectual Property Primer for Indies”06/13 Game Creators Summit (Seattle Washington)
Organizer, Host and Master of Ceremonies03/13 Game Developers Conference (San Francisco, California)
“Clone Wars: The All-out Attack on Creativity in Games”03/13 Game Developers Conference Education Summit (San Francisco, California)
“The Game Attorney’s IP Primer for Educators”10/12 Southern Interactive Entertainment & Game Expo (Atlanta, Georgia)
“Start-up Studio Business and Legal Pitfalls7/12 IGDA Summit/Casual Connect (Seattle, Washington)
“The Art of Negotiation”
(http://www.youtube.com/watch?v=f4BwWCfiauI)03/12 GDC (San Francisco, California)
“The IGDA Charitable Foundation Roundtable”02/12 IGDA Seattle/Bungie Studio (Bellevue, Washington)
“Succeeding as an Independent Game Developer” (Moderator) (http://www.youtube.com/watch?v=_qu8EDBASrE)10/11 Southern Interactive Entertainment & Game Expo (Atlanta, Georgia)
"Top 10 Legal ‘Pitfalls’ Facing Gaming Companies"
"Effective Use of IP"
07/11 IGDA Summit (Seattle Washington)
“Business and Legal from the Fringes”03/11 PAX East (Boston, Mass.)
“Legal Issues in Gaming Update”03/11 Game Developers Conference (San Francisco, California)
IGDA Foundation Roundtable
09/10 Penny Arcade Expo (Seattle, Washington)
“Legal Issues in Gaming Update”
“Game Developers Aren't Just Programmers"
03/10 Game Developers COnference (San Francisco, California)
Developer's Rant, "Bobby Kotick is Emperor Palpatine"
02/10 Entertainment and Sports Law Symposium (University of Miami)
“Intellectual Property Law and Video Games”
09/09 Penny Arcade Expo (Seattle, Washington)
“Legal Issues in Contemporary Gaming”
07/09 Casual Games Connect (Seattle, Washington)
“Indie Gold: Downloadable Content Models for Core Casual Games”
03/09 Game Developers Conference (San Francisco, California)
Independent Games Summit “Indie Games: From Buzz To Business”
11/08 Montreal International Games Summit (Montreal, Quebec)
"How to Date a Publisher" (Panel)
"Law and Contract" (Roundtable)
11/08 IGDA Leadership Forum (San Francisco, California)
"Charitable Efforts: Giving Back is Good" (Panel Moderator)
08/08 Penny Arcade Expo (Seattle, Washington)
“Legal Issues in Contemporary Gaming”
02/08 Game Developers Conference (San Francisco, California)
Independent Games Summit “The Game Attorney: Indie Edition”
01/08 GameOnFinance (Toronto, Ontario, Canada)
Moderator, “Next NextGen – The Future of Game Platforms, Markets and Financing”
10/07 Indie Games Conference (Eugene, Oregon)
“Publisher Contracts Roundtable”
06/07 Digital Game Xpo (Raleigh, North Carolina)
“Developer Contracts … the Devil in the Details”
03/07 Game Developers Conference (San Francisco, California)
“The Game Attorney's Developer Deal Roundtable” and
“Employment Contract Certification: Validating Quality of Life”
03/06
Game Developers Conference ( San Jose, California)
Game Not Over:
Expanding the Market through Accessible Games
11/05
Third Annual International Conference in Computer Game Design and
Technology (Liverpool, UK)
Keynote - “Ins & Outs of the
Developer Publisher Relationship”
10/05
Indie Games Conference (Eugene, Oregon)
“Starting Your Own
Game Development Studio”
07/05
Microsoft Meltdown (Seattle, Washington)
Moderator - “Doing
“The Deal”
06/05
Digital Game Xpo (Raleigh, North Carolina)
“Starting Your
Own Game Development Studio”
03/05
Game Developers Conference ( San Francisco, California)
Quality of
Life Summit: An IGDA Think-Tank - “Overtime in the Game
Industry”
Effective Developer Deals: the Devil in the
Details
“The Negotiation”
10/04
Indie Games Conference (Eugene, Oregon)
“Startup Game Studio
Business & Legal Matters”
03/04
Game Developers Conference (San Jose, California)
“The
Negotiation”
“Publishers ‘Rules of Acquisition’”
12/03
The Interservice/Industry Training, Simulation and Education
Conference (I/ITSEC) (Orlando, Florida)
Game and Simulation
Industry Convergence panel
08/03
Florida Faculty Institute (Miami, Florida and Orlando,
Florida)
“Computer and Video Games: Monster or Mentor?”
07/03
Summer Simulation Multiconference (Montreal, Canada)
Keynote “The
Game and Simulation Industries: Convergence or Collision?”
03/02
Game Developers Conference (San Jose, California)
"The
Phenomenology of Game Design"
02/02
Full Sail (Orlando, Florida)
“What to look for, and look out
for, in your first employment agreement”
02/02
Digital Media Alliance of Florida Panel (Orlando, Florida)
“The
Future of the Game Industry in Florida”
10/97
Miami - Airport West Chamber of Commerce
“Legal Issues
Concerning Marketing over the Internet”
12/96
National Business Institute, Continuing Legal Education
“Marketing
Technology and Business Development”
Articles and Publications
10/08 Gamasutra.com - Monthly Column: Game Law
“So, What's the Dealio?”
06/08 Gamasutra.com - Monthly Column: Game Law
“Get Your Pigs in a Row!”
03/08 Gamasutra.com - Monthly Column: Game Law
“Man’s Best Friend Sometimes Bites”
01/08 Gamasutra.com - Monthly Column: Game Law
“50/50 Deals on Ancillary Revenues and Sublicenses”
10/07 Gamasutra.com - Monthly Column: Game Law
“Discipline and the Up Sell”
08/07 Gamasutra.com - Monthly Column: Game Law
“SCRUM Deals - Good, Bad or Ugly?”
06/07 Gamasutra.com - Monthly Column: Game Law
“Competent Counsel”
01/07 Gamasutra.com – Special Feature
“Call of Duty: Finest Hour – The Contract”
10/06 Game Developer Magazine – Business Level
“That’s Not the Deal”7/06
Gamasutra.com - Monthly Column: Game Law
“Contracts 101”
4/06
Gamasutra.com - Monthly Column: Game Law
“Everybody
Conga…Well Maybe Not Everybody ”
3/06
Gamasutra.com - Monthly Column: Game Law
“The Good News
About Digital Distribution ”
2/06
IGDA Contract Walk-Through White Paper, v3
“Acceptance of
Deliverables ”
1/06
Gamasutra.com - Monthly Column: Game Law
“Prior Restraint of
Speech in Games: A Rant ”
12/05
Gamasutra.com - Monthly Column: Game Law
“To Sue or Not to
Sue...That is the Question ”
10/05
Gamasutra.com - Monthly Column: Game Law
“Audit Rights - Use
Em or Lose Em!”
04/05
Secrets of the Game Business, Second Edition, Chrarles River
Media
Chapter - “Effective Development Contracts”
01/05
GameDev.net
Game Attorney Q&A - “Protecting Your Ideas”
10/04
GameDev.net
Game Attorney Q&A - “Trademarked Names for
Indie Games”
04/04
IGDA Quality of Life in the Game Industry: Challenges and Best
Practices Whitepaper
Fair Labor Standards Act in the Game Industry
09/03
IGDA Contract Walk-Through Whitepaper, v2
Termination Clauses
Chapter
05/03
IGDA Game Submission Guide Whitepaper
Pre-Submission Legal
Considerations
04/03
IGDA Contract Walk-Through Whitepaper, v1
Game Documentation and
Trade Show Demos
02/03
Secrets of the Game Business, Charles River Media
Chapter -
“Effective Development Contracts”
02/03
GIGNews.com Article
Getting Published Part 4: Completing Your
Contract Arsenal - NDA’S, Employment & Contributor
Agreements
11/02
GIGNews.com Article
Getting Published Part 3: Just what are these
games made up of...Legally Speaking?
09/02
GIGNews.com Article
Getting Published Part 2: Initial Legal Issues
09/97
Florida Direct Marketing Association Newsletter
“Internet
Commerce...Fact or Fiction?”
04/97
Florida Direct Marketing Association Newsletter
“Whose
Website is it Anyway? - Content and Copyright”
02/97
Florida Direct Marketing Association Newsletter
“What’s
in a Name: Internet Domain Names vs. Trademarks”
12/96
Florida Direct Marketing Association Newsletter
“Direct
Marketing on the Internet”
Positions and Associations
• Principal,
The Game Attorney PC
• President, Dev-Biz, Inc.
• Director and Treasurer, International Game Developers Association (2005-2011)
• Chair, IGDA Charitable Foundation
• Coordinator, Seattle Pro IGDA Chapter
• Executive Director, Games-Florida
• Member, Washington State Bar, District of Columbia Bar and Florida Bar, Federal Bar Assiciation, American Bar
Association
• Admitted, Washington State, District of Columbia, Florida and various
U.S. District Courts, the 11th and 3rd Cir. Courts of Appeal, and the U.S. Supreme Court
• Supreme Warlord, FaTe’s Minions