Running parallel to the games we love and enjoy is a world full of rules, regulations, pitfalls and traps. So, thank you from your loyal author. How about you hang out with us as we discuss some of the more esoteric aspects of the games we love to play?

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This week, we’re going to talk about the power of licensing. Rather, we’re going to embark on an adventure of brand recognition and financial wonderment, into the world of licensing characters, creations, names, and likenesses. This, friends, is the world of products, to illustrate the ungodly importance of content licensing.

What is a license?

At its most basic, Diamonds To Buy Online a license is a grant of rights to use someone’s intellectual property in a specific way. Licenses usually have a duration. The word can refer to the license document or the verbiage of licensing. There’s more to it, really, with different types of exclusive licenses and what-not, but for our purposes, that should be enough. A scope of what can be done with the rights temporarily given. That granting of limited rights to a character, not encompassing full ownership forever, is the licensing of rights.

So that’s why one company makes MLB hats…

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Exactly. The money coming in from licensed products and gear is astronomical. In fact, think about how much licensed gear people buy with sports team logos on them, Buy Certified Diamonds – https://www.cleanorigin.com/blog/loose-diamonds/ – (http://diamonds.backtoglamour.com/2020/04/29/who-is-buy-loose-diamonds-wholesale-2/) and then think about the brand power. Those birds’ sounds and likenesses are already multimillion-dollar characters. (Release dates are another story. You know these names because they make pretty damn good products. There is a lot of money in licensing. No one else is allowed to print those trademarked logos on anything, lest they fear the mighty infringement hammer come down upon them.

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That’s one of the best parts of licensing out a hot property — you get to choose who makes what.” Successful companies want to work with other successful companies.

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Attaching a brand name like Blizzard, StarCraft, Warcraft, or Diablo to a product is like encasing it in gold and stapling on as many diamonds as you can find. That’s why licensing is so important. Moreso, that’s why licensing to respectable, quality vendors is important — a shoddy product with your company’s or your characters’ names on them brings value down. Suffice to say, there is a lot of value added.

What are the bounds and scope of the rights given?

That’s actually where a lot of legal issues revolving around licenses come in. Scope is key. What type of work is appropriate for the licensed property? Does that include World of Warcraft birthday party plates and hats? What are the bounds and scope of the rights given? If Blizzard gives Cryptozoic, the company responsible for the new wave of the Warcraft TCG, the rights to “character and name representations on paper products,” does that also include posters? It’s all made of paper, right?

Licensing limitations, name recognition, and scope of property rights are all aspects of licensing that go into the decisions that Blizzard, Blizzard’s lawyers, and its strategic product teams make. Isn’t it fascinating? It is to me!

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If you want to read about one of the most famous cases of brand recognition — this time, a woman’s name attached to a product — read about Lucy, Lady Duff-Gordon. I think the story of Lady Duff-Gordon was one of my favorites from law school, not only because she was a survivor of the Titanic but because her infamous case Wood v. Lucy, Lady Duff-Gordon gave immense weight to “celebrity” endorsements and name rights. Her Wikipedia page can be found here. Give it a read — you’ll learn something!

Blizzard’s licensing future?

The sky is really the limit, isn’t it? There’s a hard line to talk about sometimes, especially when you’re dealing with multimillion-dollar companies on the one side and an emotional connection to a fantasy world on the other. The best way, and I believe the most successful way, that Blizzard reminds us that even though it makes some good money off licensing its property is that it is picking quality people to license it to. We want to believe that it’s about us and not about the money and the deals and the profit sharing and the contracts.

One of my favorite Blizzard campaigns, and one that I haven’t seen in a while, was the Mountain Dew advertising campaign. WoW players could pick up different Horde- and Alliance-themed flavors of the soft drink and download fuel once a day for the non-combat pet, the Battle-Bot. Nowadays, you can’t get the fuel or the bot anymore. There is a wealth of opportunity for more promotional and licensing tie-ins with tabards, pets, mounts, and other purely cosmetic items that don’t have to be gaudy ad-grabs. Blizzard has shown that it can already come up with a fun way of tying it all together. So many little toys lie in disrepair and sadness, their little servos slowly spinning down into irrelevance.

Let’s drive home how important licensing is with a wonderful example from just yesterday. We’ve seen these pictures before, but the gravity of the thing is truly coming into the light. Let’s just rename the whole place to Infringement Land and be done with it. Blizzard’s name isn’t anywhere near this stuff, nor is its permission. Geekologie reported on a StarCraft and World of Warcraft amusement park opening up in China called Joyland World. The licensing rights and contracts required for a project of this scale would be enormous. The character likeness grants, terms of use, immense scope of music and art licenses … this is a big deal. The names Warcraft and StarCraft are worth so much in themselves — well, if any of it was legally obtained.

So, the sky is the limit. Will we be seeing more licensed products and promotions? The most successful licensed products can tell us a lot about a culture or a place — StarCraft is on everything in South Korea, and for good reason. You betcha. Sometimes I wish that we could see all of the StarCraft Korean merchandise over here in the States.

Licensing is important for business and important for consumers. I think Blizzard has done a pretty good job thus far. You want to invest your license in smart partners that put out a good product and do so respectfully, not only respecting your own properties but your loyal user base as well.

This column is for entertainment only; if you need legal advice, contact a lawyer. For comments or general questions about law or for The Lawbringer, contact Mat at [email protected].

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