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Dan Rogers's Blog   Expert Blogs


Dan Rogers holds a juris doctorate in law and is licensed to practice in the state of California, including the Eastern Federal District Court.

Before opening his law practice, Rogers served as a senior partner with Interactive Studio Management, ISM.  He was also the founder and president of BizDev, Inc., representing the business interests of independent video game developers around the world.

Rogers’ writing, research, and lectures (including the acquisition series The End Game and numerous articles published in Game Developer Magazine, Gamasutra, Electronic Gaming Business, and Game Daily) have helped many understand the dynamics of the video game industry. MIT’s Sloan School of Management and other organizations worldwide have relied on his work as the basis for their own interactive entertainment business analysis.

Earlier, as director of marketing and a general manager for Sierra On-Line (Vivendi Universal), he was responsible for creating marketing strategies for many of Sierra’s million-unit selling games. As the director of marketing for Virgin Interactive, Rogers was responsible for releasing their blockbuster hits The 11th Hour and Command and Conquer. Dan also served as the director of entertainment software for IBM.


Expert Blogs

Posted by Dan Rogers on Mon, 26 Jan 2015 12:52:00 EST in Business/Marketing
Examining the legal implications of the post-mortem right of publicity as applied to Maximum v. CMG Worldwide.

Posted by Dan Rogers on Thu, 17 Jul 2014 11:47:00 EDT in Business/Marketing, Indie
The lawsuit between ZeniMax and Oculus offers game developers and publishers new insight into the power of a non-disclosure agreement.

Posted by Dan Rogers on Tue, 13 Aug 2013 09:30:00 EDT in Business/Marketing
Getting Back the Intellectual Property Rights to Your Game

Posted by Dan Rogers on Fri, 09 Aug 2013 10:54:00 EDT in
What does work made for hire mean, and how does it affect your ownership of the assets you create for a game?

Posted by Dan Rogers on Tue, 06 Aug 2013 04:40:00 EDT in
Most people fail to realize that the games they purchase on-line are licensed, without the ability to resell them. In Capitol v. ReDigi, this was tested and it appears that publishers--at least for the time being--have prevailed.

Posted by Dan Rogers on Thu, 01 Aug 2013 04:00:00 EDT in
EA strikes out in Ninth Circuit Court Appeal in the Keller right of publicity case. Here's an overview of the case, which I wrote about earlier this year.

Dan Rogers's Comments

Comment In: [Blog - 01/26/2015 - 12:52]

Bart, thanks for the comments, ...

Bart, thanks for the comments, etc. It 's nice to be appreciated. Regarding the roots of publicity law, you are correct that these stem from Griswold citation 3 in the article above, which includes a link to a great article on the history of this body of law . Nevertheless, ...

Comment In: [Blog - 08/09/2013 - 10:54]

Thanks for the input, Michael. ...

Thanks for the input, Michael. And you 're right that assignment is an important aspect of the copyright ownership puzzle.

Comment In: [Blog - 08/13/2013 - 09:30]

Craig, r n r nTrademarks ...

Craig, r n r nTrademarks are a different issue. In the literary world, unless your book is tied to a series, then TM isn 't available, but you 're right, the same isn 't true in the video game industry. That said, TMs can and are often abandoned, so there ...

Comment In: [Blog - 08/06/2013 - 04:40]

Martin, your comment regarding moving ...

Martin, your comment regarding moving or storing music in other locations was argued by ReDigi, but the court was not convinced. Here 's that portion of the Court 's discussion: r n r n ReDigi also argues that the Court 's conclusion would lead to irrational outcomes, as it would ...

Comment In: [Blog - 08/07/2012 - 01:03]

Regarding Atari v. Phillips, Jeremy ...

Regarding Atari v. Phillips, Jeremy is right in concluding that that case offers another dimension to consider. In the next post, I 'll be discussing the merger and sc nes faire doctrines, which will certainly color this case as well. Stay tuned. D

Comment In: [News - 08/06/2012 - 09:38]

Leigh 's comments are well ...

Leigh 's comments are well considered. For a bit more depth into how Zynga might respond, see: