Three red flags to watch for when communicating with a publisher

Oleg Beresnev is the founder at Beresnev Games.

Publishers aren’t the bad guys of the games industry. Despite what some stereotypes might suggest, teaming up with the right publisher can seriously boost your chances of success, especially if you’re a small studio juggling product development and marketing.

But let’s face it, not every partnership goes smoothly. We’ve been through it all. Looking back, though, most of the trouble could’ve been avoided if we’d been more careful about picking a partner in the first place.

We learned the hard way, and now we’re here to share some advice that could save you time, stress, and money. Honestly, we wish we’d read something like this before diving in. Since we didn’t, we’re writing it ourselves so you don’t have to make the same mistakes. The truth is, the biggest problems often come from things that seem too simple to worry about.

So, let’s break down the basics of building a strong relationship with publishers and what to do if things go sideways. It all comes down to three key areas:

• Clear intentions and open communication.
• Keeping the team aligned and on the same page.
• Acting quickly when you spot red flags.

Red flag #1. Lack of transparency and clear intentions

The most important advice for developers is to pay close attention to how the publisher behaves in the early stages of communication. If they seem overly aggressive or secretive, that’s a clear red flag.

Here are some specific signs to watch out for:

Vague promises: If the publisher makes big promises but won’t back them up, it’s a warning sign. A handshake deal might sound friendly, but there’s no guarantee they won’t change their tune later - especially once work is already underway.

Excessive pressure: Be cautious if the publisher starts applying moral pressure, such as arranging “friendly” meetings, pushing for unwarranted changes to the terms of cooperation under the guise of goodwill, or suddenly demanding urgent decisions.

Unclear intentions: If you haven’t discussed critical aspects like whether you’re aiming for a short-term or long-term partnership, what competencies each side brings to the table, where you’ll need help or autonomy, and what your ultimate goals are (e.g. hitting a specific revenue target or leaving a mark on the industry), don’t sign the contract.

Without these conversations, your partnership could end up like a group of teammates pulling a cart in different directions, stuck and going nowhere.

Healthy relationships with a publisher rely on open, constructive dialogue. Don’t hesitate to ask tough questions or clarify their plans for promoting your project. If they start to use manipulative tactics or pressure you into accepting terms that differ from your initial agreement, it’s a red flag. You should make all important decisions together.

Finally, ensure the publisher isn’t keeping crucial information from you.

Red flag #2. Vague contracts and unclear exit conditions

Before signing a contract, make sure every term of cooperation is explicitly detailed and transparent. This includes agreements on timelines, payments, bonuses, and - most critically - the conditions for terminating the contract.  

The contract should clearly outline the procedure for ending the partnership and returning the game to your control.  

Pay close attention to the terms governing project transfer. Without clear provisions, you could find yourself in a situation where the publisher refuses to return your property.

Your intellectual property is the foundation of your success, so insist that your IP rights are explicitly protected in the agreement. If possible, avoid contracts that grant the publisher full control over your project with no guarantee of its return.  

The contract should include a clear obligation for the publisher to return the project to you in the event of termination. If the publisher is unwilling to commit to this or outright prohibits the return of data, it’s worth reconsidering whether the partnership is viable at all.

This brings us back to the first red flag: transparency and openness. Even a signed contract won’t protect you entirely if your partner doesn’t honour it. You may also face pressure to revise the terms to make leaving more difficult.  

Here’s a few examples of how this pressure might look:  

• You’re asked to sign an additional agreement, perhaps for an HTML5 version of your game. A contract that covers more areas seems like a good thing, so you gladly agree. But when the updated contract arrives, it includes clauses you never discussed, like a waiver of unilateral withdrawal.
  
  
• Conclusion: Always consult your legal team, compare every clause with the original, and only sign when you’re absolutely sure.

• You’re approached “casually” or under pressure to agree to new terms, often framed as a win-win scenario or wrapped in vague assurances. Stay level-headed and critically assess whether this supposed win-win arrangement actually benefits you, or if it skews heavily in their favour. If it does, ask yourself why that might be.
  
  
• Conclusion: You are never obligated to sign anything, even with your friends. This might sound obvious, but psychological pressure can be incredibly effective, even on those who think they’re immune to it.

In other words, if communication shifts to a more personal tone that downplays professional boundaries, or if you feel pressured to agree to something because you “have to”, this is not a healthy foundation for a partnership.  

Red flag #3. Actions and conversations behind your back

To protect your team and your project, establish a clear policy that prohibits employee poaching while collaborating with the publisher.

At the same time, don’t let communication slip - stay engaged with your team, monitor the atmosphere, and keep an eye on external interactions.

PR and branding might not seem critical in the moment, but neglecting them can create vulnerabilities that are only obvious when it’s too late.

What to do if it’s already too late

Even if you’re a founder with a strong, self-sufficient team, it’s crucial to stay connected to the processes and monitor the situation. If you notice the publisher starting to violate the terms of your contract, act immediately - don’t wait for things to escalate further. 

Your first step should be to contact legal professionals to initiate the process of either terminating the agreement or enforcing its terms. The earlier you take action, the less damaging the fallout will be for your company.  

Working with a publisher can be the key to success, but only if you’re careful and prepared.