Sayuri Studios Distribution

A place to discuss things that aren't specific to any one creator or game.
Forum rules
Ren'Py specific questions should be posted in the Ren'Py Questions and Annoucements forum, not here.
Message
Author
littleramyun
Regular
Posts: 52
Joined: Mon Aug 17, 2009 1:57 am
Projects: Don't Go Saiyuri!
Location: Texas!
Contact:

Sayuri Studios Distribution

#1 Post by littleramyun »

Sayuri Studios Localization and Distribution

What do you do exactly?

We distribute visual novel based games at anime, video game, and comic book conventions throughout the United States and Canada. We create the game packaging and physical product for you and you retain a percentage of the sales. Merchandise and promotional materials may also be created.

Helpful Information
* All games, even those that are free, must be of professional quality.
* We will distribute free games as physical product at the expense of the publisher.
* Sayuri Studios retains a percentage of all sales to recoup cost of production and convention related costs.
* If you would like your game to be available in a dealer's room, we must have a signed contract stating we are permitted to sell the games due as stated by con rules. Otherwise, your game will be sold only at conventions where we are located in the Artist Alley. You can create your own contract.
*We are very flexible. Let us know how we can help you.

Example Agreements:

Product is sent from your studio to me. You are responsible for maintaining inventory. Sales are split 50/50.

Product is ordered or created by Sayuri Studios. We are responsible for maintaining inventory for your product. Sales are split 70/30.

Please keep in mind that to produce one unit [Disc with label, DVD Case, Cover insert] is about $3USD. So, 12% of a $25 game, 15% of a $20 game, 20% of a $15 game, 30% of a $10, and 60% of a $5 game is packaging cost.

Conventions currently planned:
-AnimeExpo
-Otakon
-San Japan
-A-Kon
-AnimeFEST
-All-Con

I have a graphic designer to create packaging. This is at no cost to you.
Example Boxart:
Image
Attachments
DISTRIBUTION AGREEMENT2.doc
(40.5 KiB) Downloaded 33 times
DISTRIBUTION AGREEMENT.pdf
(310.42 KiB) Downloaded 62 times
Last edited by littleramyun on Wed Nov 24, 2010 3:43 pm, edited 6 times in total.
Image
Indie Game Localization and Distribution

LVUER
King of Lolies
Posts: 4538
Joined: Mon Nov 26, 2007 9:57 pm
Completed: R.S.P
Location: Bandung, West Java, Indonesia
Contact:

Re: Distribution Agreement for Visual Novels

#2 Post by LVUER »

It's better if you make the document as plain text document (txt). MS Word is not free and not everyone could open doc files.
"Double the princesses, quadruple the fun!" - Haken Browning (SRW-OG Endless Frontier)

DeviantArt Account
MoeToMecha Blog (under construction)
Lolicondria Blog (under construction) <- NSFW

User avatar
papillon
Arbiter of the Internets
Posts: 4107
Joined: Tue Aug 26, 2003 4:37 am
Completed: lots; see website!
Projects: something mysterious involving yuri, usually
Organization: Hanako Games
Tumblr: hanakogames
Contact:

Re: Distribution Agreement for Visual Novels

#3 Post by papillon »

Publisher licenses exclusively to Distributor, and Distributor accepts from Publisher, the right to sell and distribute in the Territory (as defined herein) all software games developed by or on behalf of the Publisher.
whoa whoa huh? was this an accidental cut-and-paste from a boilerplate of evil? The full description section you have later on sounds slightly less insane, but what I've quoted here is a HUGE red flag. :) Even though it's probably not what you actually meant, it really shouldn't be phrased that way on the summary.

I understand the benefit of limited-term exclusivity for establishing yourself, but box-media sales have a tendency to go horrifically wrong even with established companies. The distributor carries a high cost burden, but the developer is completely unable to monitor what's going on... many people have published games at retail and never received one cent of their promised payment. And in an exclusive situation, if the distributor suddenly decides they're no longer interested and chooses not to sell the game, you're really stuck. People generally aren't keen to sign themselves into an exclusive without strong incentive (like advances! - And generally I wouldn't recommend anyone EVER sign a retail contract without an advance, or deliver the code without actually having the advance money in the bank. :) )

Since you probably don't have the funds for advances, perhaps a tighter restriction on your territory, or more exclusions to leave more options in the developer's hands?

I'm probably not your target developer market anyway, but I'm too bossy not to stick my nose in. :)
MS Word is not free and not everyone could open doc files.
OpenOffice - www.openoffice.org

littleramyun
Regular
Posts: 52
Joined: Mon Aug 17, 2009 1:57 am
Projects: Don't Go Saiyuri!
Location: Texas!
Contact:

Re: Distribution Agreement for Visual Novels

#4 Post by littleramyun »

@papillion
Actually, the top part was copied from a different document than the majority of the contract, so I'm not sure how cohesive it is. Would changing everything to "non-exclusive" be sufficient? I'm not concerned with exclusivity. Is there anything else you see that should be taken out or added? I would consider you as part of the target for this.

Change: "Publisher licenses non-exclusively to Distributor, and Distributor accepts from Publisher, the right to sell and distribute in the Territory (as defined herein) software games developed by or on behalf of the Publisher as defined by the Game Detail Appendix."
Image
Indie Game Localization and Distribution

User avatar
DaFool
Lemma-Class Veteran
Posts: 4171
Joined: Tue Aug 01, 2006 12:39 pm
Contact:

Re: Distribution Agreement for Visual Novels

#5 Post by DaFool »

I discovered your existence from sake-bento... I fit squarely in your target client demographic, though I won't have anything until mid next year at the earliest.

I don't have any problem with the 'exclusive' clause since you're halfway across the world and I could use an exclusive North American distributor who will tour the convention scene in the entire subcontinent for me. Actually, it would make more sense if you were the 'Publisher' (technically-speaking) of the physical media format as well since you have better access to Discmakers, Lulu, etc or probably have your own replication unit for small print runs (I'm not talking about CD-Rs/DVD-Rs)? I can self-publish locally and digitally but definitely not internationally with physical media. For example, Gust self-publishes its games in Japan but needs NIS America for the western audience.

So I'm suggesting that you can act as 'Publisher' for physical media in Region1. If you have a template for your logos, I could add that to my box art when the time comes to design it. If I add a different "Publisher" logo for each region (i.e. Europe) then should a physical bootleg pop up somewhere I will know which regional jurisdiction the pirate resides in (not that I will be able to do anything much about it).

If you have your own replication units and you do batch print runs (as opposed to print-on-demand), I think it may make sense to just buy a bulk rate from your client... for example, you can pay me $100 and you have a license to print and sell up to 20 copies. In the big world of retail, unsold stock gets sent back to the warehouse and the publisher has to absorb the costs. I suppose in your case, any unsold stock will take up valuable space in your house, and we want to minimize that.

The service I will seek will be a little more comprehensive, since I'm exploring artbooks and OSTs as well. If you keep up your pro-activeness as you have right now, I'll have no problem choosing you over the DLsite / CuriousFactory guys.

Jake
Support Hero
Posts: 3826
Joined: Sat Jun 17, 2006 7:28 pm
Contact:

Re: Distribution Agreement for Visual Novels

#6 Post by Jake »

DaFool wrote: I don't have any problem with the 'exclusive' clause since you're halfway across the world and I could use an exclusive North American distributor who will tour the convention scene in the entire subcontinent for me.
While I can understand the usefulness of having a distributor, wouldn't it be a good idea to only give away exclusivity to someone who will actually enter into a contractual agreement to promote your games to a certain degree? The distribution agreement above, as I read it, doesn't bind the distributor to anything at all, just provides them with the necessaries to promote your game if they so choose. So you could be stuck with them not wanting to promote your game (maybe it's a poor seller for them and they have limited resources of their own for promotion and sales) and you not being allowed to (and not being allowed to contract anyone else to do it). So you could sell downloads from your website, but you wouldn't be allowed to ship a physical copy of your game to the US (or Puerto Rico, or some guy on a US airbase in Japan, or...) from your hypothetical mail-order website.

On another, far-more-unlikely hypothetical note, how does the term "commonwealths of [...] Canada" fit with the Commonwealth of Nations, of which Canada is a member? It seems pretty unlikely to me that it would include all those other countries, but I'm not a lawyer of any stripe and I am paranoid about contracts and curious. ;-)
Server error: user 'Jake' not found

Topagae

"Neque porro quisquam est qui dolorem ipsum quia dolor sit a

#7 Post by Topagae »

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit..."
Last edited by Topagae on Thu Aug 25, 2011 3:13 pm, edited 1 time in total.

User avatar
papillon
Arbiter of the Internets
Posts: 4107
Joined: Tue Aug 26, 2003 4:37 am
Completed: lots; see website!
Projects: something mysterious involving yuri, usually
Organization: Hanako Games
Tumblr: hanakogames
Contact:

Re: Distribution Agreement for Visual Novels

#8 Post by papillon »

Lawyers are expensive and being professionals doesn't always keep them from screwing up - the best defense is always being able to understand the legalese yourself. :)
The distribution agreement above, as I read it, doesn't bind the distributor to anything at all, just provides them with the necessaries to promote your game if they so choose. So you could be stuck with them not wanting to promote your game (maybe it's a poor seller for them and they have limited resources of their own for promotion and sales) and you not being allowed to
This. Whch is why there's usually an extra incentive involved, like an advance.

Buying games in batches at a bulk rate would also count as an advance. It's an arrangement that developers would likely be happy with, but depending on how much littleramyun actually wants to invest in this project (which I have no way to know obviously!) it might make it tougher to get off the ground and limit initial stock.

The method with the highest trackability would be for the distributor to order and pay for a batch of disks from the developer, and the developer to make the order from the CD-presser and ship them to the distributor. That way you'd know exactly how many discs were in circulation and you'd be ensured your cut right away - it would probably be a very small cut, $1-2 per disc, but you'd have it. But in the long run, this could become a huge hassle to keep ordering small units so indirectly - quality control might also be more of an issue if the distributor isn't directly making the discs and ensuring standards, and the distributor wouldn't be able to take advantage of ongoing business to develop relations with a CD-presser (or make use of own equipment) so it would be less efficient.

I'm not arguing for or against, here, just musing. :) Do you have plans in place for making the CDs at the moment?

(As for further edits, I may suggest things after discussion's gone on a bit to work out what people actually want here.)

littleramyun
Regular
Posts: 52
Joined: Mon Aug 17, 2009 1:57 am
Projects: Don't Go Saiyuri!
Location: Texas!
Contact:

Re: Distribution Agreement for Visual Novels

#9 Post by littleramyun »

Jake wrote: On another, far-more-unlikely hypothetical note, how does the term "commonwealths of [...] Canada" fit with the Commonwealth of Nations, of which Canada is a member? It seems pretty unlikely to me that it would include all those other countries, but I'm not a lawyer of any stripe and I am paranoid about contracts and curious. ;-)
I really have no idea. That can be removed also. I took out a lot of the Territories part, but left in anything that had to do with USA or Canada. I would like to leave in military installations because we send copies of Koenchu! to soldiers overseas, and it would be nice if we could continue to do things like that. But since I'll leave out any exclusivity, it may not be as big of a deal.
DaFool wrote: Actually, it would make more sense if you were the 'Publisher' (technically-speaking) of the physical media format as well since you have better access to Discmakers, Lulu, etc...
Publisher is more just a reference to the company who made the game. I can change it to Licensor (Publisher) and Licensee (Distributor) but I thought it was sort of confusing that way. There is a part in there where it states who is responsible for making or ordering product, and I wanted to leave that up to the game developer to decide. I do think there will be some difference in what would be included for overseas developers. I can include anything you want to include in the agreement. I think we will get some good ideas from this discussion.
Image
Indie Game Localization and Distribution

Melkoshi
Regular
Posts: 156
Joined: Tue Jun 02, 2009 8:56 pm
Projects: Jewels of Sytinane
Location: U.s.a.
Contact:

Re: Distribution Agreement for Visual Novels

#10 Post by Melkoshi »

Even though I am not your target(yet anyways, I do plan for my game to be commercial in the full version.), I must say this offer I'd definitely look into cause I wouldn't have the time or resources to do what you're offering.

I haven't read either of your attachments yet though. Just thought I'd post and say "hey great idea, if your around later I might be interested".
--- My DeviantArt.
Game in Progress for demo-teaser:
story(script) = 45%
sprites = 100%
programming(interface) = 35%
CGs = 0%
Backgrounds = 5%
Music/sound = 0%

Mikan
Veteran
Posts: 364
Joined: Sun Dec 23, 2007 12:20 am
Contact:

Re: Distribution Agreement for Visual Novels

#11 Post by Mikan »

Maybe I have too much faith in the human races' laziness, but I doubt the convention people will care.

The only thing I can really think of is them getting mad that you're vending a bunch of different games at an art table, but if you get a vender's table (but wait, why do that? Those tables are far more expensive and cannot be possibly worth it.)

Fines and Bans from a convention? I doubt it.
You'd have to do something really dumb, like bring a gun into the rave or run around naked and harass girls. Seriously: dumb things.


The idea of a waiver sounds like an okay idea, but I don't see why a simple permission slip wouldn't work. Just something that says "Whats-his-name is allowed to sell my game at x convention on the date of blah blah blah. Love, the Creator."

littleramyun
Regular
Posts: 52
Joined: Mon Aug 17, 2009 1:57 am
Projects: Don't Go Saiyuri!
Location: Texas!
Contact:

Re: Distribution Agreement for Visual Novels

#12 Post by littleramyun »

papillon wrote: Buying games in batches at a bulk rate would also count as an advance. It's an arrangement that developers would likely be happy with, but depending on how much littleramyun actually wants to invest in this project (which I have no way to know obviously!) it might make it tougher to get off the ground and limit initial stock.
The convention investment is already a lot of money for me, so it's difficult for me to offer advances, which is the biggest reason I have gone with percentages of sales instead. I want to be able to offer developers a larger cut than is standard (30% with no monetary investment from the developer, I would pay for all the product). With the method you describe, I would indeed not be able to offer that amount.
I'm not arguing for or against, here, just musing. :) Do you have plans in place for making the CDs at the moment?
We have used a company for manufacture and also our own dedicated burners and printers. For design, we now have a graphic designer to create the packaging and disc art.

@Mikan
The problem with using an artist alley table is I have not created the content myself and it is also being mass-produced. It's not worth the risk to invest hundreds of dollars in to a convention only to be removed and not fair the the developers to masquerade their work as my own. Though I see your point, I would like to do things as required by conventions.

@Melkoshi
Thanks! I really want this to be a resource for developers without being a burden to them.
Image
Indie Game Localization and Distribution

Mikan
Veteran
Posts: 364
Joined: Sun Dec 23, 2007 12:20 am
Contact:

Re: Distribution Agreement for Visual Novels

#13 Post by Mikan »

I think you need to contact each convention separately to see what their deal would be with you for you to massively vend homemade games.

Because your merchandise is not a company product I don't think the con people would have a problem with you vending games at an art alley table to promote VNs, even if none of the VNs are yours. (I don't see how this is any different than letting a friend man a table for a few hours while the actual artist goes out and checks out the convention. The friend, in this case, is like a promoter of the goods.)

Then again, I only have experience vending at a few conventions, and I always sold my own stuff, so who knows. Such legal steps should be consulted with the legal department of each convention rather than at an amateurs' forum.

User avatar
papillon
Arbiter of the Internets
Posts: 4107
Joined: Tue Aug 26, 2003 4:37 am
Completed: lots; see website!
Projects: something mysterious involving yuri, usually
Organization: Hanako Games
Tumblr: hanakogames
Contact:

Re: Distribution Agreement for Visual Novels

#14 Post by papillon »

Depending on who signs up, they would be 'company' products, just very small companies. While you would need to check with the cons to be sure, I would expect that to go in the vendor's area, not the artist's alley. For that matter, if I were going to a convention myself and selling my own games I expect *I* would be put in the vendors section. I make the games, but I don't make 100% of every resource that goes into them, I buy them from other people.

The first few cons whose Artist Alley information packs I look at would clearly prohibit selling games in this manner.

Mikan
Veteran
Posts: 364
Joined: Sun Dec 23, 2007 12:20 am
Contact:

Re: Distribution Agreement for Visual Novels

#15 Post by Mikan »

By "comapny" I mean "major corporation," such as Bandai or Toei. Of course, it's difficult to draw the line between small company and massive company, but the purpose of most art alleys is to showcase the work created by the natives (in my case, Americans). And then from there, some conventions also go further and limit what types of goods you can sell, such as "only doujin-related paper goods" or "no food" etc, but I've only encountered that limitation at one convention so far, actually.

Anime Boston and Otakon both allowed all kinds of goods (clothes, software, doujins, music CDs, cat ears, fanart etc, as long as it wasn't porn or food -- this was because they had a company/convention grounds that had signed for exclusive food distribution rights).

Keep in mind that vender tables are significantly more expensive than the artist alley tables even if they're usually given fairly equal showcasing opportunities. You will also be surrounded by a lot of professional products and it may make your setup look pretty pathetic in comparison.
How much does Dealer's Hall space cost, and what does it cover?

Otakon has one of the largest dealer spaces in the business, with thousands of people passing through every hour; with 700+ booth spaces we almost always sell out long before the con, and frequently have a lengthy waiting list. While you should always check the posted rates, historically the typical 10x10 booth space has cost ~$750. That includes the booth and basic decorator setup, as well as two dealer badges that offer full membership rights. Dealers may also purchase additional member badges at the pre-reg rate ($55 in 2008) for their employees. While it may seem expensive at first glance, the majority of this fee goes to cover the cost of the hall, its setup, and the union labor rates we must pay. Other decorator services and utilities must be arranged through the BCC's official channels; more information will be available in the dealer info packet.

How much does a space in the Alley cost, and what does it cover?

Otakon's Alley is one of the largest of its kind in the entire U.S., and offers artists a unique chance to get their creations seen by Otakon's massive membership. Approximately 250 tables are available and we typically sell out within a few days; however, because most of the people renting tables are not full-time professionals, there is a fairly good chance that space will open up, and thus we maintain a healthy waiting list. The Alley is open only to pre-registered members, and thus table fees do NOT include any member badges. Historically, the price per-table (for a 6-foot table) was $70 if paid for in advance, and $80 if paid at the convention. That fee includes the table itself, two chairs, and a table skirt so you can stash your stuff. This does NOT include electricity, but you can order if from the BCC for a fee -- see the official packet when it is released for more information.
I can't see selling your average lemmasoft game bringing in a +$750 profit over one weekend at otakon, even if you offered a very very wide variety of games. They're barely on par with a badly drawn amateur doujin sold in the art alley, and even those guys sell for practically nothing ($3-$10 dollars for a 10-40 page comic).

However, it is a little more feasable that OP might balance out the cost of vending at a $70 art alley table.

NOT THAT THE OP ASKED ABOUT THIS ANYWAY. I'd assume he or she has his or her own plans to world domination.


My recommendation for OP still stands. Consult conventions, not here.

Post Reply

Who is online

Users browsing this forum: No registered users