ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Saturday, August 19, 2017

Things to Think About Before You Put Your Project on Kickstarter

The Internet has encouraged so many cool and interesting ways of creating. Scrolling through Kickstarter, to pick just one website, can expose you to an incredible variety of artistic endeavors that you can support, many of which involve board games. In fact, several of my friends have Kickstartered several board games, and I own several other Kickstarter board games that didn't come from friends at all.

I have never asked my friends how they document their collaborations on the board games they list on Kickstarter, but you can imagine that many people throw ideas up there to see what happens without bothering to hire lawyers or formalize relationships. This, of course, can turn out poorly if you have an eventual falling-out with your friend, but it can also turn out poorly if something even more horribly tragic happens and one of the collaborators dies suddenly and unexpectedly, which may be what happened in the case of the Kickstarter game Divorce! The story is sad and heartbreaking and I read all about it over on The Outline. It's tangled and convoluted and has devolved into a series of oral accusations in large part because there is nothing in writing. And that could be evidence that the parties in question had no collaborative relationship regarding the board game, but it could also be evidence that the parties in question were friends in their twenties who never anticipated that one of them was going to go away for a fun weekend and never come home. 

(h/t to Aja Romano)

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