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Legal

This material is for information purposes only and does constitute legal advice. Not that anyone cares.


Check for trademark conflicts

Check if the name of your project or product conflicts with an existing trademark. You do not need to secure a trademark before launching, just check for conflicts. Here’s an article on that.

Form a limited liability company

In most if not all countries you need a legal business entity to do business. In this case, forming a limited liability company or partnership (over a sole proprietorship for example) is important, because sole traders account for their business with their entire personal value, while LLCs are only liable with their own assets. This protects your person both financially and personally.

You might have to take responsibility for things that are not your fault and were out of your control. Like the manufacturer or the shipping company botching the entire print run. You are still the one who is liable. The indie board game community do have a few stories about manufacturing going wrong due to no fault of the creator.

Manage your business separately

It helps to create a new email address solely for your business and use that to manage your business, open a bank account, etc..

CRITICAL Own everything

Make sure you either legally own every aspect of your product or have contracts in place that grant you rights to everything you use and sell. These include the fonts you use too.

CRITICAL Have written contracts for everything

If you are creating a company with more than one people, write a contract detailing each person’s responsibilities and compensation. It’s very easy to think this is unnecessary. In fact write a clear contract even if you form a business with your best friend. Not because they might harbour bad intentions, but because two people might have vastly different ideas about the same concepts and responsibility.

GDPR

  • Allow people to opt out of your mailing list. Professional mailing services do this for you automatically.
  • Don't subscribe backers to a general company mailing list whose email addresses you only received because they backed one specific product
  • Have a privacy policy
Read How can I comply with data privacy rules

Liability insurance

You might want to take out liability insurance for your company. It's probably only needed for larger scale, riskier endeavours.

Handling derived works

This helpful guide will teach you about dealing with eager fans in a humane and fair way: Third-Party Accessories

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