A game distributor firm wants to sell my AGS game

[Gord10]

   Hello,

   I'm a bit confused while writing this, because I don't know how to feel. I got an offer from a game distributor in my country about selling Lost In The Nightmare, the AGS game which I'm working for a long time. It's also the distributor firm which brought some original games (including Half-Life 1) to Turkey. They had played the demo and liked the game much.

   I wasn't intending to sell the game at first, it was just a game made to self pleasure; so I refused the firm representative's offer at the first time they talked to me on MSN Messenger. Also I was using some pre-rendered 3D backgrounds taken from the HL engine. Yes, I was using my own maps made with Valve Hammer Editor, but the 3D character models and textures weren't licenced as it was a freeware game. And the game won't be too long; maximum 20-30 minutes to finish. They are enough reasons to refuse the offer.

     But then I told my friends and sister about this, they told me it was something so important and I should have accepted the offer. And finally; the firm representative told me the unlicenced 3D models and textures wouldn't be a problem; because they were also the Turkish distributor of Half-Life 1. Also they told me it doesn't matter how the game is short.
   
     Now I'm confused. Please don't think that I develop games for money. I will release Lost In The Nightmare even it gets  freeware. But on the other hand, it is my biggest dream to release a commercial game distributed all over my country (and maybe some part of the world) on CD.
     
      What should I do? Also there's a possibility that all these were just a joke.

P.S: Of cource I won't forget getting the AGS licence if they sell my game
P.S. 2: Why did they get interested with my game? Because there aren't so many PC games in Turkey. 

[Mozesh]

Wow that's really cool .
Man if I were in your possition I wouldn't know what to do either.
But I must say, selling LITN isn't such a bad idea .

-Redrum89

[alkis21]

I say take the offer. It might be the beginning of a long carrier. If I were you, I would sign a prelimirary contract and ask for some more months of extension, so that you have the time to work on your game and make it longer. Congratulations!

[Gord10]

    Thanks But still I'm not sure I should do this. Yes, guess LITN is going to be a good freeware game. But developing a game to sell is something so different and I amn't sure I am as experienced/talented for this. Also the school and the education is the most important thing for me.
     But on the other hand, professional game developing is my dream. When I see the boxes of original games in the bookstores, I imagine that one of them is my game. As Alkis said, it could be the beginning of a long carrier.  One of the biggest dreams of me is to be the  team captain of an international game studio and live in an apartment in New York City (yes, I agree this would be too hard; but should start from somewhere) .
      I guess it is better to wait until I have got enough experience with game developing. Because working on a commercial game frightens me for now.

[DragonRose]

They contacted you over MSN? Sketchy. Very sketchy. Couldn't they have at least e-mailed you so there's some sort of record? Don't agree to a thing until you have something in hard copy.

[alkis21]

DragonRose, I'm not saying he should agree via MSN, he obviously has to meet them in real life first.
CoolBlue, your dream is lousy.. you live in a beautiful country, who move to New York? Seriously now, at least arrange a meeting with the people, see what they want from you and what they have to offer. Don't make any rush decisions, wait till you have a solid offer in your hands. If you reject it, you will at least know that you have considered all the pros & cons.

[Cyberion]

if you do not want to be sued for copyright issues than do nto accept the offer.

The thing is that you used HL content. Textures. models, etc... those things are copyrighted to the owner, which is Valve and its publisher. Selling that kind of game means copyright violation -> that firm (but mainly YOU, cause you are the developer) will be sued for at least 25.000 $. Also they can put you into the jail. I think those guys understand that the main responsobility will be on you, so think for yourself

If i were you, i wouldn't accept the offer. Believe my knowledge.

[Kinoko]

That's actually exactly right. If you've made a game that's completely and utterly your own work and material through and through, you'd be okay but if you've used models and textures other people made, you just can't accept this offer without taking a big risk.

Maybe if you still want to do a deal with them, they'd be interested in having you make another game for them and you could use only your own textures/models/etc in this one.

[DoorKnobHandle]

the firm representative told me the unlicenced 3D models and textures wouldn't be a problem; because they were also the Turkish distributor of Half-Life 1.

if they say that and they give you something officially signed, than you cannot get sued, or?
anywaysm I don't know much about those things, but that is definately cool!

[RickJ]

The thing is that you used HL content. Textures. models, etc... those things are copyrighted to the owner, which is Valve and its publisher. Selling that kind of game means copyright violation -> that firm (but mainly YOU, cause you are the developer) will be sued for at least 25.000 $.   Also they can put you into the jail. I think those guys understand that the main responsobility will be on you, so think for yourself ...

1.  The Turkish distributor may or may not have a license to distribute the materials in question.  It's not clear that they don't and they calim that they do; so I think this would open the door for futrher negotiations.  Just ask them to produce documentation.

2.  In the US the person or entity that has money would get sued for copyright infringement.   You would possibly be named in the suit but would not be the primary target because you are not the monied interest.   The distributor would also be the primary target because it is they who are distributing the materials not you.  You have made a derrivative work under "fair use"  provisions of copyright law.  You have represented to them this fact and they have told you they have a license to distribute your derrivative work.  If you can get all of this documented then I think a deal is possible.  Just be sure to use your own attorney, from your own country.

3.  In the US you can't be sent to prison as the result of a civil lawsuit, so there is no point in suing someone who has no money.   The jail thing depends upon the country.

4.  CoolBlue's profile says he is 16 years old.  In the US persons under the age of 18 cannot enter into enforceable contracts. 

I would contiue to negotiate with them, get everything in writting, see what kind of money they are talking about, and get some legal advice before signing aynthing.  If there isn't enough money in the deal to cover attorney fees then this distributor isn't serious about the deal, IMHO.

[Gord10]

Guess I should refuse the offer. I will send an e-mail to them I'll release the game as freeware by myself; but I could work with them in the future for another game project.
Also I'm just 16 years old, and I would be one of the youngest commercial game developer ever. I need more experience for this.

Edit: I sent the e-mail. I wrote I could work on another game which has its original graphics, and has a long play time enough to be sold. Because LITN won't be longer than 30 minutes to finish.
Also I believe I amn't as talented and experienced to do it, for now .

[Czar]

You COULD release it just for the record.
The youngest commerical game developer... Imagine yourself in that position. Something you really didn't expect, right? 

C.

[Redwall]

There have been younger already.

[madcrow]

I'd say don't do it. Don't sell out. I hate it when somebody works on a project that's going to be free then someone waves a few dollars in front of them and the freeware status goes out the window.