Contracts with voice actors, streamers and test players – legal guidelines in games law

The development and marketing of modern video games is hardly conceivable without cooperation with external partners. Whether voice actors, streamers or test players – they all contribute to the success of a game. Carefully drafted contracts are required to ensure that these collaborations run smoothly and are legally compliant. Such contracts not only regulate obligations and remuneration, but above all the transfer of rights of use, the protection of confidential information and the safeguarding of personal rights. Specific requirements apply in games law, an intersection of copyright, media and contract law. The following article takes a practical and legally sound look at what needs to be considered in contracts with voice talents, influencers and test players and uses typical clauses to show how rights and obligations can be clearly agreed.

Contractual cooperation in the games sector: roles and special features

Before we get into the details, it is worth taking a look at the players involved and their roles:

• Voice actors lend their voices to the game characters. They are usually freelance artists whose contributions are protected by copyright and personal rights. Their voice becomes part of the game and possibly the marketing (e.g. in trailers).

• Streamers and influencers present games to an audience, for example on platforms such as Twitch or YouTube. They are active in marketing – whether through live streams, Let’s Plays or reviews – and influence the public perception of a game.

• Test players (playtesters or beta testers) help developers to put a game through its paces before release. They often get pre-release access to unreleased content, especially in multiplayer and esports titles, to provide feedback and uncover bugs.

Each of these groups brings its own legal challenges. Voice actors contribute their voice as a protected asset, streamers their reach and personality, and test players gain access to confidential developments. Contracts must therefore be tailor-made in each case and still keep an eye on the interaction with the other areas.

In the following, we will discuss in detail the drafting of contracts for each of these groups as well as overarching topics such as rights of use, personal rights, release forms, buy-out clauses, confidentiality and international aspects.

Contracts with voice actors in game development

Voice actors – often called dubbing actors or narrators in German – are responsible for voicing characters and game sequences. Their work lends a game atmosphere and credibility. In legal terms, voice actors create a performance through their voice recordings, which as such enjoys copyright protection. In addition, the voice is legally protected as an expression of personality. Accordingly, contracts with voice actors must be carefully formulated in order to secure all usage rights to the recordings and at the same time protect the voice actor’s personal rights.

The main points that a voiceover contract in the games sector should cover are:

1. Service description: What exactly does the voice actor owe? (e.g. dubbing of certain roles, number of takes, voice recordings in a certain language). The time frame for the recording sessions and any involvement in retakes should also be outlined.

2. Granting of rights: The transfer of the rights to use the voice recordings to the developer/publisher. As the voice recordings become an integral part of the game, the developer must be granted the right to use them worldwide, for an unlimited period of time and in all media. This includes use in the game itself, in trailers, in advertising and possibly in merchandising. This clause is often structured as a buy-out – the narrator receives a lump-sum payment and all relevant exploitation rights are transferred to the company. It is important that the transfer of rights is formulated clearly and comprehensively in order to avoid disputes later on. (See below for an example of a formulation.)

3. Remuneration and subsequent services: How is the voice actor paid? Hourly or daily fees for the recording time plus, if applicable, surcharges for particularly complex roles or later additions are common. In the case of a buy-out, the voice actor is compensated for not receiving any further royalties or participation. The contract should stipulate whether the remuneration covers all uses or whether separate fees are due for certain additional uses (such as the use of the voice in a commercial or trailer). In the games industry, it is common for the use of recordings in the game itself to be covered by the basic fee, while separate remuneration can be agreed for advertising measures.

4. Attribution and credits: It can be agreed whether and how the voice actor is named in the game credits or in promotions. Although there is no absolute legal right in Germany for a voice actor to be mentioned in the game credits, this is often done out of fairness and industry practice. A corresponding contractual agreement provides clarity.

5. Non-disclosure agreement (NDA): Games are often developed in the utmost secrecy. A spokesperson who publicly reveals their involvement in a major title at an early stage can thwart the publisher’s marketing plan. For this reason, voice over contracts contain strict confidentiality clauses. The voice actor undertakes to treat all information that becomes known to them in the course of recording – from the content of the dialog and the project name to release dates – as confidential. This obligation usually applies until the information is officially published or even indefinitely. As a deterrent, a contractual penalty is often agreed in the event that the voice artist does divulge a secret.

6. Personal rights and content control: The voice is part of the personality. Contracts must therefore ensure that the use of voice recordings does not go beyond the agreed scope. A voice actor typically wants to prevent their recordings from being used in a different context that was not agreed or was unknown to them – e.g. in a completely different game or for the creation of synthetic voices using AI. It can be contractually guaranteed that the recordings will only be used for the specific game (and defined extensions/marketing measures) and not for other purposes. Changes to the voice (such as strong electronic alienation) should also only be made with consent in order to respect the personal rights of the speaker.

7. Exclude or regulate the use of AI: The use of artificial intelligence for voice synthesis is a highly topical issue. Speakers across the industry are resisting the idea that their recorded voices could easily be imitated or reused by AI in the future. Contracts should therefore clearly regulate whether the recordings may be used for machine learning or for synthetic voice generation. In most cases, the speaker will want to rule this out. One possible contractual provision could be that the client may not use the voice recordings for training purposes for voice synthesis models, unless the voice talent expressly agrees to this later.

8. Secondary obligations and organizational matters: These include practical matters such as travel to a recording studio, provision of equipment, dealing with illness (what happens if the voice artist is absent on the day of the recording?) and, if necessary, the billing of expenses. Voice artists are often self-employed; German clients then have to think about the artists’ social security fund – a tax that is due because it is an artistic service. It should be stipulated in the contract who pays this tax (usually: the client pays it in addition to the fee).

Example clause rights of use (voice actor):
“The voice artist hereby grants the client the exclusive right, unlimited in time, space and content, to reproduce, distribute, make publicly accessible, broadcast and otherwise exploit the voice recordings made under this contract for all known and unknown types of use. This granting of rights also expressly includes the right to use the recordings in the context of the video game [Name] and in trailer, promotional and marketing material. Any use of the recordings for purposes beyond this, in particular for the creation of synthetic voices using AI, is excluded unless the voice artist agrees in writing.”

This example clause shows how comprehensively the transfer of rights should be formulated. As a result, the game studio can use the voice files as it wishes in the game and for advertising, while the voice artist can be confident that no unwanted misappropriation – such as AI experiments – will take place. Of course, such an extensive transfer of rights must be accompanied by appropriate remuneration. This is where the buy-out agreement comes into play: the one-off fee covers all of the spokesperson’s claims, meaning that they cannot demand any further participation.

There are also regional differences in the dubbing industry, which should be taken into account for international productions. In Germany, most game voice actors work on a freelance basis without collective bargaining agreements, but follow the fee recommendations of professional associations (such as the Association of German Voice Actors). In the USA, on the other hand, many voice actors are unionized in the actors’ union SAG-AFTRA. If such a voice actor is hired for a game, the company must adhere to the union’s standards – for example, minimum wages, limits for particularly vocally demanding recordings and, if applicable, bonus payments if the game is a great success. Such requirements come as an additional layer to the individual contract and require careful coordination. Current industry developments (such as new agreements to protect against AI abuse in voiceover contracts) should also be taken into account.

Contracts with streamers and influencers in games marketing

In the digital age, streamers and YouTubers have an immense impact on the visibility and success of video games. A positive Let’s Play or a livestream by a popular influencer can boost a game’s marketing. Accordingly, many publishers and developers enter into partnerships with streamers – be it through sponsored streams, early access events or long-term brand ambassador contracts. From a legal perspective, this is influencer marketing, which has a number of special legal features.

What to look out for in contracts with streamers?

1. Scope of service and content specifications: First of all, it must be clearly defined what service the streamer is to provide. This includes details such as:

   • Platform and channel: For example, “live streaming on Twitch” or “video on YouTube channel X”. Some influencers are active on several platforms – the contract should specify where the content must appear.

   • Content of the stream/video: Which game (possibly which version or game mode) will be shown? Should the streamer emphasize certain features or play a certain level? A delicate touch is required here: on the one hand, the publisher wants to see certain messages placed, but on the other hand, the authenticity of the streamer must not suffer if the guidelines are too strict.

   • Duration and number: For example, “three livestreams of at least 2 hours each” or “one 15-minute YouTube video”. Specific dates or time periods may also need to be mentioned, for example around the release day.

   • Interactive elements: If competitions, discount codes or affiliate links are part of the promotion, this also belongs in the contract.

   • Language and regional specifications: Important for international campaigns – which language area is being addressed? A German publisher could, for example, require an English-language stream in order to reach a global audience.

   These points are often specified in a briefing document, which is referred to in the contract. The contract should state that the influencer is obliged to deliver the agreed content to the best of their ability and to adhere to the agreements in the briefing.

2. Labeling as advertising: In Germany (and many other countries), the legal situation is clear: Influencers must label advertising as such in order to avoid surreptitious advertising. A streaming contract must therefore ensure that the influencer complies with their labeling obligation. It is best to expressly agree that the stream or video is clearly labeled as advertising or cooperation (e.g. using hashtags such as #advertising or #advertisement or corresponding displays on Twitch/YouTube). This gives both the influencer and the company legal certainty – violations could result in warnings and fines, which in the worst case could affect both parties.

3. Rights of use to created content: This depends on the deal. The content created (the video or stream recording) often remains the property of the streamer or can be accessed on their channels. However, the game manufacturer would at least like to have the right to use the content for its own purposes – be it to embed the video on its own website, to refer to it on social media channels or to show excerpts in a showreel. The contract should therefore provide for a license that allows the company to reuse the content created by the influencer. This license cannot go as far as for a speaker (the streamer’s content also contains their personality, image, voice, etc.), but at least non-exclusive rights of use for certain purposes should be granted. For example, it could be agreed that the publisher may embed the video on the official game website and distribute it for PR purposes. Important: The use of the streamer’s name, image and branding by the publisher should also be covered by the granting of rights – for example, if the company advertises with the influencer’s face or avatar (“Watch how [streamer name] plays our game!”). Without such permission, the right to the streamer’s own image/name would otherwise be infringed.

4. Exclusivity and competition clauses: Companies often want to ensure that an influencer does not simultaneously promote a competitor’s product during a campaign. For example, it would be counterproductive for a streamer who is currently promoting game A to also promote game B (a directly competing product) in the same week. This is why contracts often contain exclusivity clauses, at least for a certain period of time or a defined genre. A moderate regulation could be that the streamer does not enter into any cooperation with products from the same category (e.g. no other multiplayer shooter) for a period of two weeks before to two weeks after the planned promotion. Such clauses must be narrow enough so as not to be unfair – after all, an influencer lives from changing orders. Excessively long or broad prohibitions could be ineffective or at least unreasonable. In practice, exclusivities are often rewarded with additional remuneration, as they temporarily deprive the influencer of other income opportunities.

5. Remuneration and benefits: The remuneration of influencers can vary greatly. Flat-rate campaign fees are common – e.g. a fixed amount for the streamer creating the agreed content. Some contracts include bonus payments, for example if certain targets are reached (e.g. X views within 14 days, or Y downloads generated via a referral link). Alternatively or additionally, benefits in kind can play a role: Early access to the game, exclusive in-game items, payment for travel to events, etc. It is important to record the remuneration structure transparently. In the case of cash payments, it must be clearly stated whether the amount is paid plus VAT (usual for German influencers with a business) and in which currency (often in USD for international influencers). It should also be specified when payment is to be made (in advance, after performance, in installments?). In the case of performance-related bonuses, it must be defined how success is measured and who provides evidence of this. Another aspect: artists’ social security contributions – influencer marketing is also partially subject to artists’ social security. If a German publisher regularly commissions influencers, it can be considered a user and must pay the levy. This should be checked internally and taken into account in the calculation, even if it is not usually explicitly mentioned in the contract itself.

6. Confidentiality and embargo: Collaborations with streamers often involve early access to games or information that has not yet been officially released. For example, if a streamer is allowed to play the game a few days before release in order to present a review in time for the launch. Strict embargo requirements are common here. The contract should therefore include a confidentiality obligation that applies until a clearly defined end date (the end of the embargo). The influencer may not share any information, screenshots or impressions publicly before this date. In many cases, the influencer is even prohibited from even mentioning that they are participating in such a campaign. Violation of this clause can result in considerable reputational and financial damage for the company, which is why contractual penalties or at least compensation for damages make sense here too.

7. Content coordination and compliance: Although influencers create autonomous content, companies often want the right to veto certain content. For example, they want to ensure that the streamer does not make any offensive, racist or otherwise problematic statements during the advertised stream – this could backfire on the company. While it is almost impossible to fully control live behavior contractually, there should at least be compliance clauses in the contract: The streamer assures not to distribute any illegal content, not to infringe third-party copyrights (music in the stream, etc.) and to comply with the company’s specifications. Some contracts also contain a clause stating that the company is entitled to view the resulting video before publication or that the streamer must subsequently cut or make problematic passages inaccessible on request. A balance must be struck here, as too much interference can damage the influencer’s credibility.

8. Liability and indemnification: In the context of the risks just mentioned (copyright infringements, unlabeled advertising, etc.), it is common to regulate liability issues in the contract. For example, it can be agreed that the influencer is liable for legal infringements for which they are responsible (e.g. use of copyrighted music without a license in the stream) and indemnifies the company against third-party claims. Conversely, the influencer will take care not to be held liable for any technical problems on the part of the game (e.g. server outages during the planned stream period) or non-performance through no fault of their own.

9. Term, termination, after-effect: Influencer contracts are often limited to a specific campaign (until content has been published and agreed posts have been made). Nevertheless, it should be regulated whether and how the contract can be terminated prematurely. An important aspect: termination in the event of a bad reputation – if the influencer is involved in a scandal or loses their channel (e.g. due to a Twitch ban) before the campaign takes place, the client needs a right of termination. The same applies vice versa if the client cancels the project, for example. Confidentiality obligations continue to apply after the end of the contract; a non-competition clause may also continue to apply for a while (if agreed).

10. Example clause labeling obligation:
    “The influencer shall label the content created under this contract as advertising. In particular, the influencer undertakes to clearly indicate the collaboration with the client during a live stream of the game [Titel] (e.g. by displaying ‘advertising’ at the beginning and using the hashtag #Advertisement in the stream description). The client points out that this labeling is required by law and creates legal certainty for both parties.”

This example shows how a contractual obligation for advertising labeling can be formulated. It underlines the importance of transparency and at the same time protects the influencer by explicitly requiring them to comply with the legal requirement.

Overall, good streamer contracts are characterized by the fact that they set out clear expectations while at the same time respecting the streamer’s creative freedom. Both sides should benefit from the added value of the cooperation – this is legally secured by a balanced contract.

Contractual regulations for test players and pre-release tests

Before a video game is launched on the market, it goes through internal and external test phases. Test players – whether as dedicated QA testers, selected community members in a closed beta or professional esports players invited to a balance test – are given access to confidential pre-release versions. Working with testers requires special contractual precautions, as trade secrets of an as yet unreleased product are at stake and valuable feedback is to be gained at the same time.

What must be taken into account in agreements with test players (playtesters)?

1. Confidentiality and NDA: The central element of every tester contract is the confidentiality clause. It ensures that the tester does not disclose any information about the game to the outside world. Unlike influencers, who are allowed to play in advance for marketing purposes, testers generally do not have permission to ever talk about the test content without consent. The NDA should be comprehensively formulated: The term “confidential information” covers practically everything the tester learns in connection with the game (graphics, story, game mechanics, bugs, etc.). It is often stipulated that participation as such is also confidential – the tester may not even publicly mention that they are taking part in the test. The duration of the confidentiality obligation extends at least until the official release or until an end date declared by the developer. Some NDAs also apply indefinitely beyond this, especially with regard to business secrets (e.g. the source code or algorithms should not suddenly be freely shareable after release).

   A contractual penalty can also be included here to make the tester liable in an emergency. Especially in the esports environment, where pro players may have tested, a leak could lead to explosive distortions of competition (think of premature disclosure of changes to game mechanics, which gives teams different preparation times). The deterrent effect of a fine in the contract is therefore not unusual. However, the developer must be aware that many volunteer testers are private individuals – it would be difficult to enforce a high contractual penalty abroad, for example. Nevertheless, most testers take their NDA very seriously, as otherwise they also risk losing access to future tests.

2. Tasks and duties of the tester: The contract (or accompanying test instructions) should define what is expected of the tester. For example:

   • Test duration and period: When does the test take place (e.g. on certain days at certain times, or freely divisible within a specified time window).

   • Type of test: Should the tester simply play and have fun (to observe the user experience), or specifically test certain functions? Do they have to work through checklists or try out certain character classes? (Especially with esports professionals who are invited, you often want feedback on specific balance issues).

   • Feedback and bug reporting: How do testers report their findings? A bug tracking system, forums or questionnaires are typical. The contract may oblige the tester to submit a certain number of reports or at least to report particularly critical problems immediately. This can also include an obligation to maintain confidentiality: The tester may not use any exploits found themselves (except as part of the test) and may not pass them on to third parties, but only report them to the developers.

   • No passing on of test material: If the tester receives special test software, access to a protected test server or similar, it must be made clear that this access may not be passed on to third parties. Recordings (screenshots, videos) may also only be made with the developer’s permission and may not be published under any circumstances. Particular care must be taken with digital tests via platforms such as Steam (e.g. via private beta access): Although the platform conditions (such as Steam’s NDA rules for closed betas) already oblige the user to maintain confidentiality, it should also be contractually stipulated that the disclosure of access keys, accounts or test copies is strictly prohibited.

3. Rights to feedback and resulting content: One aspect that is often overlooked is the question of who owns the rights to the results of the test. If a tester writes a detailed report or even develops an idea for improvement, this could theoretically give rise to copyrights or inventor’s rights. In order to ensure clarity here, many agreements contain a clause according to which the tester transfers all rights to the contributions generated during the test to the developer. This ensures that the publisher can freely dispose of these suggestions or reports and, for example, incorporate them into further development without having to fear claims from the tester at a later date. The tester also waives any claims to remuneration for ideas – usually the only consideration is the participation itself or a small fee. It should also be stipulated that the tester has no right to have their ideas actually implemented or to be named. (Some studios voluntarily reward particularly helpful feedback with credits or rewards, but a contract should exclude the possibility of the tester being named).

4. Remuneration or expense allowance: Many testers are unpaid or receive symbolic rewards (e.g. free access to the finished game, in-game currency, a T-shirt, etc.). If remuneration is paid – for example to professional QA testers or in cases where special expertise is required (e.g. esports professionals as consultants) – this should of course be included in the contract. In the case of cash payments to private individuals, it is important to consider whether they may be subject to social security contributions. In Germany, an independent, one-off tester contract can usually be assumed to be self-employed; however, caution is advised if someone tests regularly and is bound by instructions (keyword: bogus self-employment). In addition, any taxes will be owed by the tester himself, unless otherwise agreed. In an international context (e.g. a US tester for a German studio), it should be clear that all taxes incurred remain in the tester’s home country – this is usually regulated simply by agreeing that the tester only receives a gross and net amount of X and is responsible for paying their own taxes.

5. Duration and return of materials: The agreement with a tester is usually only valid for the duration of the test program. Nevertheless, it should stipulate that the tester deletes or returns all test material at the end of the test. Any access cards, special hardware (e.g. if a VR prototype was provided) or software must be returned to the developer. The company wants to ensure that no copies of the game remain “in circulation” after completion.

6. Special features of esports tests: As multiplayer and esports titles are explicitly mentioned in the request, we address this separately. When professional esports players are invited to test a game in advance (e.g. an upcoming competitive game in which they may later participate), two things are particularly sensitive:

   • Competitive integrity: You want to prevent one team or player from gaining a knowledge advantage over others that would later be unfair in the competition. It can therefore make sense to involve all relevant players at the same time or not at all. It is difficult to contractually regulate that the tester does not use his knowledge later – when the game is published, he may of course use what he has learned. But you could, for example, agree that testers from the pro area do not take part in the very first tournaments for a certain period after release in order to maintain equal opportunities. In practice, however, this is rarely done; rather, organizers themselves make sure to create fair conditions.

   • Team contracts and third-party rights: Esports players are often already under contract with teams or organizations. A developer who concludes a test contract directly with a player must be careful not to affect the player’s team contract. The team manager may need to be involved or it may be better to conclude a contract with the organization that allows the player to participate in the test. Equally relevant: The team could be entitled to the fee received from the player for such activities. A proper agreement is therefore necessary here.

7. Example clause Confidentiality (tester):
   “The tester is aware that all information disclosed during the pre-release test is strictly confidential. The tester undertakes not to disclose this information to third parties or utilize it himself, neither during the test phase nor afterwards. In particular, the tester is prohibited from making or publishing image or sound recordings of the game without the prior written consent of the company. The tester promises to pay a contractual penalty of EUR 10,000 for each case of non-compliance. Further claims of the company remain unaffected.”

Underage testers: If persons under the age of 18 are involved in a game test, special precautions must be taken. Minors only have limited legal capacity, i.e. they can only conclude such contracts effectively with the consent of their legal guardians. In practice, parental consent should therefore be obtained (signature of a parent under the agreement). In the case of more extensive engagements – such as when a minor e-athlete is remunerated as a tester – approval from the family court may even be required in order to obtain legal certainty. Without such approval, the contract would be on shaky ground, as the minor could challenge it later. In the interests of all parties involved, it is therefore advisable to only use minors as testers with parental approval and clear framework conditions.

This clause illustrates how the confidentiality obligation for testers can be regulated. It prohibits the tester from practically any use or disclosure of test information and threatens a severe penalty in the event of a breach. This creates a strong deterrent and compliance pressure, which may be justified in view of the potential damage caused by leaks. Of course, the amount of the contractual penalty must be in proportion to the expected damage and the tester – in some cases, lower penalties or lump-sum compensation may also be provided for.

In summary, well-crafted tester agreements ensure that developers receive honest feedback from players without the risk of pre-leaks or litigation over the use of that feedback.

Confidentiality and sanctions for breaches of contract

Whether working with voice actors, streamers or test players, confidentiality obligations (often in the form of an NDA, non-disclosure agreement) are essential to protect trade secrets and unpublished information. Much has already been mentioned in the individual contract types; the most important general points are summarized here:

• Separate agreement or part of the contract: A confidentiality obligation can be concluded in advance as a separate NDA agreement or appear as a clause in the main contract. In both cases, it is important to clearly define which information is considered confidential. In the games sector, almost everything to do with the as yet unpublished project is generally classified as confidential. Nevertheless, typical exceptions should be mentioned, such as information that becomes public knowledge without a breach of contract or that the recipient was already legally aware of.

• Duration of non-disclosure: Usually, non-disclosure applies at least until the official release of the game or the relevant information. It is not uncommon for an NDA to be formulated for an indefinite period beyond this – especially when it comes to source code, algorithms or internal information that should not be made public even after release. However, it can be useful to specify a clear end date (e.g. “lasts 3 years from signing”) in order to give the contractual partner legal certainty as to when they can talk freely about certain experiences. However, caution is advised with games: Some details remain trade secrets even in the long term (such as game engine internals).

• Contractual penalty vs. damages: In order to effectively enforce an NDA, it is advisable to threaten to impose a contractual penalty in the event of non-compliance. The reason: It is often difficult to prove concrete damage caused by an information leak – a contractual penalty, on the other hand, applies regardless of whether damage is proven. In Germany, an appropriate contractual penalty can be freely agreed; it should be high enough to deter, but not disproportionate (otherwise a court can reduce it). In our examples above, we see amounts of around €10,000 – the appropriateness depends on the individual case (higher penalties could also be justified for a project worth millions, possibly less for a fan tester). Important: The contractual penalty usually does not exclude further claims for damages, i.e. if the leak causes greater damage, this can also be claimed.

• Enforceability and practice: An NDA is only worth as much as you can enforce it. It also has a reputational and deterrent purpose vis-à-vis large contractual partners (such as well-known influencers) – nobody wants to be seen as unreliable. In the case of unknown or distant persons, there is a residual risk that it will be difficult to punish them in an emergency. Nevertheless, experience shows that the existence of a strict NDA alone prevents the vast majority of potential breaches. If a leak does occur, you have a much better chance of quickly obtaining interim legal protection (e.g. an injunction) with the contract in hand.

• Permitted confidants and communication: In practice, certain third parties may be involved despite the NDA – such as employees, team members or, in the case of influencers, their managers. A well-formulated contract allows disclosure to such persons, provided they are also subject to confidentiality (ideally they have signed an NDA themselves). It should also stipulate how to deal with inquiries from the press or fans – it is best for the contractual partner to refer directly to the company instead of making statements themselves.

• Sanctions in a broader sense: In addition to the actual contractual penalty, the contract may provide for further consequences. For example, it can be agreed that the main contract can be terminated without notice in the event of a leak and that any remuneration already paid can be reclaimed. In the case of influencers, the exclusion from future partnerships could also be declared. It is important that such legal consequences are included in the contract so that they can be enforced in the event of a dispute.

Essentially, a confidentiality clause serves to ensure trust between the parties and protect the developer’s intellectual property. At the same time, it also protects the contractual partner by making it clear what they may and may not communicate – they are not embarrassed by inadvertently revealing too much. Professional NDA regulations are therefore a feature of serious collaboration in the games business.

Rights of use for voice, image, gameplay and text – legal requirements

A central topic of all the contracts discussed so far is the granting of rights of use. In the games environment, various protected goods are involved: the voice and image (portrait) of people, the copyrighted game itself and written or verbal statements about it (e.g. test reports, comments). From a legal point of view, it is important to check exactly which rights are affected in each contract and how they can be properly licensed so that there are no nasty surprises later on.

• Voice (voice recordings): In Germany, a person’s voice enjoys protection under the general right of personality. Unauthorized commercial use of the voice – for example by imitation or by using recordings without consent – can trigger claims for injunctive relief and damages. In addition, as performing artists within the meaning of copyright law, voice artists have ancillary copyrights to their recordings. This means that they can decide who may record and distribute their performance. For a game developer working with a voice actor, this means that without a contractual transfer of rights, they are not actually allowed to use the recorded dialog in the game. The rights transfer clause (as described above for voice actor contracts) is therefore essential. It secures the necessary rights for the developer. Important to know: Moral rights (such as the right to recognition of authorship or protection against distortion) are non-transferable in the case of copyrighted works – in the case of voice recordings, moral rights are more likely to apply. In practice, this means that the contract should not only formulate a technical license, but also include the consent of the speaker that their voice may be used and published to the intended extent. This consent is in fact the counterpart to the “right to one’s own image” (right to one’s own voice). Without consent, a speaker could later argue, for example, that they have transferred rights of use but have not consented to a certain distorting use, which violates their general right of personality. Good contracts prevent such conflicts by clearly outlining the purpose of the use – so the speaker knows what they are agreeing to.

• Picture/image (face, avatar, appearance): As soon as a real person appears with their face or distinctive features as part of the game or marketing, the right to one’s own image under Section 22 KunstUrhG applies. The classic example is actors or models, but streamers who appear with their real face on advertising material are also covered. The basic rule is: publication or use of images only with consent. Exceptions (e.g. portraits of contemporary history, accessories, etc.) hardly play a role in games marketing, as the personal image is used specifically for advertising. For this reason, contracts with influencers or spokespersons (if their photo is to be used for PR) must include a clause on consent to the use of the likeness. In terms of content, this often corresponds to a model release: the person allows the company to reproduce and distribute photos/videos of their person, typically limited to the context of product advertising. In the age of avatars, the virtual representation of a person can also be protected, provided it is clearly assigned to the person (e.g. the avatar of a famous streamer with which he is identified). To be on the safe side, you should also obtain consent for this so as not to infringe any rights.

• Gameplay and game content (publisher’s copyrights): A frequently asked question is: Who is actually allowed to show a video game in public? The video and audio material of a game (graphics, music, story) is protected by the copyright of the game or the individual parts. A Let’s Play or livestream reproduces these elements and makes them accessible to the public. In purely legal terms, every streamer would therefore need the permission of the rights holder (publisher) to stream the game publicly or upload videos of it to YouTube. In practice, most publishers tolerate or encourage such use because it promotes marketing. Some have published explicit Let’s Play guidelines that allow streaming under certain conditions (no monetization, or only on certain platforms). Nevertheless, strictly speaking, it remains a use requiring permission. If a publisher concludes a contract directly with a streamer, this permission is also granted implicitly or explicitly: The influencer may record and distribute the gameplay as part of the cooperation. To create clarity, the contract can contain a passage that grants the influencer a license to the game content, limited to the purposes of the agreed videos/streams. This makes it legally clear that there is no infringement of the publisher’s copyright. Conversely, it must be determined whether the influencer may do anything with the created content (the video), e.g. leave it on their channel even after the cooperation and monetize it. In most cases, this is desired and permitted as long as it corresponds to the agreed use, but theoretically a publisher could also want a time limit (“video may remain online for 1 year”). However, such restrictions are rare, as they would harm the influencer and limit the reach.

• Let’s Plays and streaming from the developer’s perspective: Since Let’s Players often act on their own initiative, it should be mentioned here in passing: If a game developer wants people to be allowed to stream their game without a contractual basis, they should publish a usage policy. This can, for example, allow gameplay videos to be created and monetized via certain channels as long as certain conditions are met (no leaks of protected content, no cheating, no use of music for which you have no rights, etc.). In the case of direct contractual cooperation, as we are looking at here, the license granted to the influencer is of course part of the contract – and both sides are therefore protected.

• Test reports, ratings, comments: The use by the publisher is particularly relevant here. If a tester or influencer writes a report or provides feedback as part of their work, they initially hold the copyright to it themselves (provided it is sufficiently creative, e.g. a written experience report rather than a short bug list). If the developer wants to use this report internally, this is not a problem – purely internal use does not infringe the copyrights of third parties. However, if you want to publish excerpts from it (e.g. as a testimonial “Beta tester X says: ‘Great game, great multiplayer!'”), then you need the author’s consent. The tester contract should therefore state that the developer is entitled to use the comments made by the tester publicly (provided the tester agrees), for example for marketing purposes. This is a special case and is not automatically covered in normal NDAs. In this case, the tester’s potential copyrights to the text collide with their personal rights (they may not want to be quoted publicly). It is therefore best to clarify from the outset whether such uses are permitted and, if so, to define them precisely.

• Unknown future uses and new media: A legal sticking point with usage rights is the uncertainty about future types of use. Digitization is constantly opening up new exploitation possibilities. German contracts therefore often use the phrase “all known and unknown types of use“. According to Section 31a UrhG (in the case of authors), the granting of rights for unknown types of use requires a separate agreement, which also includes revocation rights. The same applies to performing artists (such as speakers) (§79 UrhG). This means that if the speaker is also to provide for forms of use that we do not even know about today, this must be clearly stated in the contract. Otherwise, if a new type of use emerges later (e.g. a voice acting museum with AI, to take an absurd example), he could prohibit the use or renegotiate it. Here, too, the tip is to state the purposes as specifically and broadly as possible, but at the same time be aware that fairness rules apply to completely new types of exploitation. If necessary, a subsequent remuneration clause can be included if a completely new, lucrative use arises – this way, the creative person feels that they are being treated fairly and is more likely to agree.

In summary, clear usage rights regulations are the be-all and end-all for contracts in the games sector. The company needs comprehensive rights in order to exploit the game and accompanying content without any legal stumbling blocks. The contractual partners (voice actors, streamers, testers) need to know what they are agreeing to. Ideally, it should be crystal clear to both parties after signing who is allowed to use which content, how and where.

Release forms, consents and rights releases in practice

In many cases, the transfer of rights already takes place within the main contract – for example in the speaker or influencer contract itself. However, there are situations in which separate release forms or declarations of consent are used. This is particularly the case in practice when the use of personal rights has to be agreed at short notice or selectively without drawing up a comprehensive contract. Examples:

• A publisher organizes a preview event at which photos and videos are taken of guests (including streamers and testers). Instead of concluding a detailed contract with each of them, the participants are asked to sign a consent form on site to allow the resulting material to be used for reporting and promoting the game.

• A voice actor who “only” lends their voice is also asked to appear in person in the trailer video or to be photographed for social media. In addition to the voice actor contract, a separate declaration covering this shoot would be obtained so that it is clear that the person’s likeness may also be used.

• An esports team is photographed for advertising purposes and is to be presented on the game website. Each team member signs a model release form that transfers the rights to use the photos to the publisher.

Release forms are usually shorter and more focused than comprehensive contracts. They typically contain:

• The parties or the person who consents.

• The exact description of the material concerned (photos, video recordings, sound recordings).

• What the material may be used for (e.g. “for publication on the websites and social media channels of [company] in connection with the promotion of the game [title]”).

• A confirmation that no further claims (e.g. fees) are associated with the use – participation is often voluntary or is already remunerated in some other way.

• If applicable, duration and territory of the consent (usually worldwide and unlimited in time, as long as the purpose is the game).

• If necessary, a confirmation that there is no possibility of revocation once the material has been published (legally, you can revoke your consent to your own image, but contractually, at least compensation for the revocation can be agreed, which is a deterrent).

Example wording (model release):
“The undersigned expressly agrees that photographs and video recordings of his/her person taken on 01.05.2025 as part of the event workshop for [game name] may be published and distributed by the [company] for press reports, marketing material (online and offline) and in social media without restriction in terms of time and space. The undersigned waives the right to be named. Any remuneration for this is compensated with participation in the event.”

Such consents ensure clear conditions for the use of personal images and voices. It is important to note that even with a contract, a person in Germany can prohibit the further use of their image or voice under certain circumstances, namely if the use becomes unreasonable due to changed circumstances (see withdrawal of consent for good cause). However, this is a high legal threshold and only rarely applies (e.g. if the image is placed in a completely different context that is damaging to reputation). In games practice, this hardly ever happens as long as the agreements are adhered to.

It should also be noted that consent to image and sound recordings always includes the processing of personal data. Accordingly, contractual clauses on the use of images should be designed in accordance with the requirements of the General Data Protection Regulation (GDPR). In practice, it is usually stated in the release declaration that the data (photos, names, etc.) will be stored and published for the stated purposes. In this way, all requirements are also met in terms of data protection law.

Remuneration models, transfer of rights and buy-out clauses

The topic of remuneration has already been addressed in the individual categories. Here we summarize the most important models once again and highlight the legal consequences for the parties involved:

• Flat fee with buy-out: This is the rule with voice actors and is also common with influencers. The creative receives a fixed sum that covers all services rendered and the transfer of the agreed rights. Such a contract should make it clear that there are no further claims (such as license fees, royalties or bonuses). In German copyright law, there is the principle of reasonable remuneration (Section 32 UrhG) and a possible claim for additional remuneration in the event of exceptional success (Section 32a UrhG, “bestseller paragraph”). In the case of genuine buy-outs, attempts are often made to contractually stipulate that the flat-rate remuneration is agreed as reasonable and that no additional payments can be demanded even in the event of high success. Whether such a clause is absolutely effective depends on the individual case; fairness must be ensured. However, in the games sector in particular, it is common for a narrator, for example, not to receive a share of sales figures – unlike an actor in a movie, for example, who may receive a share under certain circumstances. Even with testers who are paid, it would almost always be a lump sum.

• Service on a time and material basis (hourly/daily rate): Speakers in particular are often paid according to actual expenditure, i.e. per hour of recording or per day of work. This rate can be stated in the contract or reference can be made to a fee model. The decisive factor is whether it already includes the rights or whether there are separate items (e.g. studio time X €/hour plus buyout lump sum Y € for the rights). In Germany, there is no legal obligation to make residual payments for voice actors in games, so it is a matter of negotiation.

• Performance-based remuneration: Possible for influencers (bonus per 1,000 views, affiliate commission per game sold via a code, etc.). Here, the contract must define measurable criteria and often also an upper limit (cap) or a precise tracking procedure. Variable remuneration of this kind harbors the potential for disputes, so it should only be used if the evaluation can be properly guaranteed. With voice actors or testers, performance-based payments are unusual – their contribution is upstream and is remunerated regardless of success.

• Benefits in kind and immaterial remuneration: Especially in the tester area (beta tests), money will rarely flow. Instead, there are other forms of “remuneration”: early access itself is a kind of benefit, testers often receive the finished game for free, are mentioned in credits or receive goodies. Also conceivable with influencers: Provision of hardware (e.g. a new PC or VR headset for the stream), invitation to trade fairs with travel expenses covered, etc. All of this should be documented in the contract or appendix so that it is clear what the influencer/test player receives in return for their participation.

• Partial clauses on disbursements and expenses: The question arises for everyone who provides a service as to who bears incidental costs. In the voiceover contract: does the voiceover artist pay for their own travel to the studio or does the studio cover the travel/hotel costs? For influencers: who pays the internet costs for the additional traffic? Usually trivial, but travel costs are often covered at events – this should be regulated (e.g. “Travel costs up to X euros will be reimbursed against receipt”).

• Currency and tax: In international constellations, the currency in which payment is made and who bears the exchange rate risks must be defined. Usually, the client pays in the contractor’s home currency or in a common currency (Euro, USD) and any taxes incurred in the recipient country are none of the client’s business. On the other hand, the client must check whether he has to make any deductions in his own country (e.g. social security contributions for artists, or withholding tax for payments abroad – the latter rarely occurs with such services, but rather with license payments). A clear clause “all amounts are inclusive of all applicable taxes and duties” can prevent someone from subsequently demanding more money because they have not considered VAT, for example.

• Reclaims and failure: What if the voice actor delivers but the game never appears? Or vice versa: What if the voice actor drops out after half the work? Contracts should regulate how to proceed in such cases. Often a “if the project is not realized” clause is included, which still leaves the voice actor with part of the fee (after all, they have already invested work), but perhaps not all of it. In the case of influencers: If the campaign is canceled, the spokesperson may receive a cancellation fee, or it may be agreed that a partial fee is due if the company cancels at short notice. Such conditions protect the talent against complete failure and at the same time motivate the company to only enter into serious deals.

• Shareholdings and licenses: In exceptional cases, there could be models where, for example, a very prominent influencer does not simply take a fee, but receives a share of the sales, or a speaker as a well-known actor perhaps receives royalties analogous to a film. Such constellations are rare and very individual. As an aside, the contract would then look more like a license agreement, where the talent is the licensor and the studio is the licensee, with complex billing models etc.. However, this usually goes beyond the scope of the games sector, especially in Germany.

Example clause buy-out (remuneration):
“The above lump-sum remuneration fully covers all of the voice artist’s services and the granting of the contractually agreed rights of use. The voice artist shall not be entitled to any further remuneration or participation claims – even in the event of above-average success of the game. §Section 32a UrhG shall remain unaffected, whereby the parties hereby agree that the agreed remuneration corresponds to the presumed reasonable income.”

This sample wording attempts to ensure that the company is not confronted with claims after the fact should the game become a big hit. It refers to §32a UrhG (bestseller paragraph), but at the same time makes it clear that both sides consider the remuneration to be fair. You can’t completely “cancel out” legal claims, but you create a contractual basis of trust and a hurdle for subsequent claims.

International cooperation and choice of law

The games industry is international – and this also applies to working with voice talents, streamers and test players. Voice actors for English versions, for example, often come from the USA or UK, well-known streamers are based around the globe and beta testers can be found in every time zone. What does this mean for contracts?

Language and jurisdiction: First of all, it must be decided in which language and under whose law the contract will be concluded. A German developer making a deal with a US streamer will hardly be able to use German contract language; an English contract text is the best option here. Many larger studios have bilingual contract templates or use English contracts from the outset – even with German talent – in order to remain flexible. Nevertheless, German law is often agreed as a choice of law if the publisher relies on it. However, the foreign partner must agree to this. Some influencers or their agents demand a neutral jurisdiction (e.g. English law) or their home law instead. This is a matter for negotiation. It is important to make a choice of law in the first place, otherwise complicated conflict-of-law rules may apply in the event of a dispute.

Place of jurisdiction vs. arbitration court: If the contractual partner is abroad, the question of enforceability arises. A German court order is of little use if the influencer is based in California and does not pay voluntarily. Some companies therefore consider including an arbitration clause, as arbitration awards are easier to enforce internationally (New York Convention). However, arbitration proceedings are expensive, which would be disproportionate for smaller amounts in dispute (e.g. a €5,000 fee dispute). Alternatively, it can be agreed that a specific state court has jurisdiction in the event of a dispute (e.g. in Cologne if German law applies). This may be a deterrent for the international partner, so a pragmatic approach must be found. In many cases, there will never be a dispute – but as a contract lawyer, you naturally think of such worst-case scenarios.

Special features of different countries:

• USA: Working with US talent often brings up the issue of the right of publicity – this is the American equivalent of the personal right to one’s own image/name. Contracts should include these terms (e.g. “Artist grants the right to use his name, likeness and voice…”) to make it clear that the person agrees. In addition, indemnification and limitations of liability are much more common in the US. A US influencer may be surprised if a contract contains a contractual penalty – in some states, extreme penalties could be problematic, whereas in Germany a contractual penalty is normal. Here it helps to adapt clauses (perhaps liquidated damages rather than a fixed penalty) and adapt the language to the common law style.

• Consumer law for hobby testers: Theoretically, individual talents could be considered consumers (e.g. a one-time beta tester acting privately). If such a contract is concluded across national borders, consumer protection standards of the country of residence could intervene. In the EU, consumers may not be deprived of any protective provisions through a choice of law. In practice, however, most contracts are concluded with people who do this commercially/freelance – such as professional streamers or speakers with a business. Nevertheless, if a hobby tester is recruited from France and the contract is concluded online, French consumer protection rules, for example, could stipulate certain formal requirements or rights of withdrawal. In important cases, local lawyers are therefore consulted or the option is chosen of only obliging such persons via general beta T&Cs (whereby individual NDA regulations are then difficult to enforce).

• Worldwide rights of use: As emphasized above, the licensed rights should always apply worldwide. This must be stated in the contract (“worldwide” or “worldwide”). Territorially restricted rights would be a nightmare for a globally published game – imagine not being allowed to use a voice actor’s recording in Asia because the contract only covers the EU. The temporal dimension must also be considered globally: In the internet age, release boundaries are blurring and content can still be relevant years later.

• Currency and transfer: Already mentioned – internationally, you need to clarify how the money flows. PayPal, bank transfer, and which fees are borne by whom. For example, a sentence in the contract can stipulate: “Any bank charges for international transfers shall be borne by the recipient.” Different currencies can be fixed in the contract in a reference currency to be converted in order to minimize the risk of exchange rate fluctuations.

• Taxes and social security contributions: Some countries have so-called withholding taxes on services from abroad – the client must withhold a portion and pay it to their tax office. This is usually not the case for creative services such as here (rather for license fees), but it should be checked. The following also applies: everyone is responsible for their own taxes – ideally, this should also be written into the contract. In Germany, the artists’ social security contribution has already been mentioned; in some other countries there are similar levies. International contracts should be formulated in such a way that each party is responsible for paying its own taxes and duties.

• Labor law risks: Particularly in the case of repeated or intensive collaboration with individuals abroad, care must be taken not to unintentionally establish an employer-employee relationship. In some countries, there are strict criteria as to when a contractor is considered an employee. This can become relevant, for example, if a streamer works full-time for a publisher as a permanent “face”. In this case, it may be necessary to consider a permanent position or at least draft the contracts in such a way that an independent employment relationship clearly exists (no comprehensive right to issue instructions, free time management, etc.) in order to avoid claims under labor law.

• Trade unions and associations: Internationally, industry-specific union rules may come into play. In the USA, for example, SAG-AFTRA for voice actors: If a voice actor is unionized and the project falls under the rules there, the contract must meet certain minimum conditions (e.g. pay rates, rest breaks, maximum duration per session). Some European countries have similar actors’ unions with best practices, although there is no nationwide collective agreement in the gaming sector. An experienced contract expert will be familiar with these possible requirements and clarify whether they apply. The involvement of international esports teams can also entail special features – such as regulations in the team contracts that need to be taken into account.

Conclusion

Whether voice artists, online influencers or eager game testers – they all make valuable contributions to the life cycle of a video game. To prevent creativity and cooperation from becoming a legal minefield, well thought-out contracts are required. Drafting contracts with voice actors, streamers and test players in games law requires a broad range of expertise: copyright and media law, personal rights, data protection and often international references have to be reconciled. A professionally drafted contract creates clear conditions: The games company receives the necessary rights and assurances, while the contractual partner sees its scope of services, its remuneration and the protection of its person and contributions guaranteed.

In practice, it has been shown that precise and comprehensive agreements can almost always prevent later conflicts. Every point – from the transfer of rights to a voice to a streamer’s obligation to label advertising to confidentiality during beta testing – should be explicitly regulated. It is important to remain balanced: Contracts are only successful if both sides find them fair and are happy to sign them. Flexibility is particularly important in the dynamic environment of the games and streaming industry – for example, clauses that anticipate new developments (such as AI usage or new platforms).

In conclusion, it can be said that contracts in games law are custom-made, not mass-produced. Those who work with standard templates risk gaps. The focal points and examples explained here show what is important. With these tools, you can structure your collaboration with voice talent, influencers and test players in such a way that everything runs smoothly from a legal perspective – and you can concentrate fully on the common goal: developing and successfully publishing a great game.