Tom Buscaglia - T. H. Buscaglia and Associates

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Contact Information

Tom Buscaglia

T. H. Buscaglia and Associates

23133 Vashon Highway SW

Vashon, WA 98070


Practice Areas
  • Entertainment
  • Intellectual Prop
  • About
  • Background
  • Reviews
  • Colleagues
  • Documents

Tom Buscaglia – The Game Attorney

Tom Buscaglia, The Game Attorney, is a principal in the law firm Thomas H. Buscaglia, P.A. and is the President of Dev-Biz, Inc., with offices in the Seattle, Washington, area and Miami, Florida. Tom is admitted to practice in Florida and the District of Columbia, as well as in Federal Trial and Appellate Courts, including the United States Supreme Court. In addition to obtaining his Law degree, with honors, from Georgetown University in 1985, Tom holds a B.A. in Philosophy from S.U.N.Y., Buffalo, with honors.

Since 1991, Tom has assisted game developers in all aspects of business and legal matters. He has written numerous articles, including the Game Law series of articles on, and frequently speaks on the game industry business and legal matters and the things that developers should and should not do in order to have a solid business foundation for their studios. He is a perennial presenter at the Game Developers Conference and the Indie Games Con and also speaks regularly to the Simulation and Modeling industry on the value of Game technologies for beneficial interactive multimedia applications outside of the entertainment sector.

Tom is a Director of the International Game Developers Association, Chairs the IGDA charitable Foundation and heads the IGDA Employment Contract Quality of Life Certification task force. Tom is authoring a book on Game Law and wrote the chapter entitled “Effective Developer Agreements” for the book, The Secrets of the Game Business.

As FaTe[F8S] Tom is founder and Supreme Warlord of FaTe’s Minions, an online gaming "clan" that has been competing in various online competitions since January, 1998. As a "hard-core" gamer, Tom plays online on a regular basis and has a gamer's appreciation and understanding of the game industry.

Presentations, Publications and Associations

Speaking Engagements

O2/08 Game Developers Conference (San Francisco, California)
Independent Games Summit “The Game Attorney: Indie Edition”

01/08 GameOnFinance (Toronto, Ontario, Canada)
Moderator, “Next NextGen – The Future of Game Platforms, Markets and Financing”

10/07 Indie Games Conference (Eugene, Oregon)
“Publisher Contracts Roundtable”

06/07 Digital Game Xpo (Raleigh, North Carolina)
“Developer Contracts … the Devil in the Details”

03/07 Game Developers Conference (San Francisco, California)
“The Game Attorney's Developer Deal Roundtable” and
“Employment Contract Certification: Validating Quality of Life”

03/06 Game Developers Conference (San Jose, California)
“Game Not Over: Expanding the Market through Accessible Games”

11/05 Third Annual International Conference in Computer Game Design and Technology (Liverpool, UK)

Keynote - “Ins & Outs of the Developer Publisher Relationship”

10/05 Indie Games Conference (Eugene, Oregon)
“Starting Your Own Game Development Studio”

07/05 Microsoft Meltdown (Seattle, Washington)
Moderator - “Doing ‘The Deal’”

06/05 Digital Game Xpo (Raleigh, North Carolina)
“Starting Your Own Game Development Studio”

03/05 Game Developers Conference (San Francisco, California)

Quality of Life Summit: An IGDA Think-Tank - “Overtime in the Game Industry,”
“Effective Developer Deals: the Devil in the Details” and “The Negotiation”

10/04 Indie Games Conference (Eugene, Oregon)
“Startup Game Studio Business & Legal Matters”

03/04 Game Developers Conference (San Jose, California)
“The Negotiation”
“Publishers ‘Rules of Acquisition’”

12/03 The Interservice/Industry Training, Simulation and Education Conference (I/ITSEC) (Orlando, Florida)
Game and Simulation Industry Convergence panel

08/03 Florida Faculty Institute (Miami, Florida and Orlando, Florida)
“Computer and Video Games: Monster or Mentor?”

07/03 Summer Simulation Multiconference (Montreal, Canada)
Keynote “The Game and Simulation Industries: Convergence or Collision?”

03/02 Game Developers Conference (San Jose, California)
"The Phenomenology of Game Design"

02/02 Full Sail (Orlando, Florida)
“What to look for, and look out for, in your first employment agreement”

02/02 Digital Media Alliance of Florida Panel (Orlando, Florida)
“The Future of the Game Industry in Florida”

Articles and Publications

06/08 - Monthly Column: Game Law
“Get Your Pigs in a Row!”

03/08 - Monthly Column: Game Law
“Man's Best Friend Sometimes Bites”

01/08 - Monthly Column: Game Law
“Development Contracts and 'New' Revenue Streams”

10/07 - Monthly Column: Game Law
“Discipline and the Up Sell”

08/07 - Monthly Column: Game Law
“SCRUM Deals - Good, Bad or Ugly!”

06/07 - Monthly Column: Game Law
“Competent Counsel”

01/07 – Special Feature
“Call of Duty: Finest Hour – The Contract”

10/06 Game Developer Magazine – Business Level
“That’s Not the Deal”

07/06 - Monthly Column: Game Law
“Contracts 101”

04/06 - Monthly Column: Game Law
“Everybody Conga?”

02/06 IGDA Contract Walk-Through Whitepaper, v3
Acceptance of Deliverables

03/06 - Monthly Column: Game Law
“The Good News about Digital Distribution!”

01/06 - Monthly Column: Game Law
“Prior Restraint and Games - a Rant!”

11/05 - Monthly Column: Game Law
“To Use or Not to Sue...That is the Question”

10/05 - Monthly Column: Game Law
“A Case for Flexible Milestone Deliverables”

09/05 - Monthly Column: Game Law
“Audit Rights - Use Em or Lose Em!”

04/05 Secrets of the Game Business, Second Edition, Chrarles River Media
Chapter - “Effective Development Contracts”

Game Attorney Q&A - “Protecting Your Ideas”

Game Attorney Q&A - “Trademarked Names for Indie Games”

04/04 IGDA Quality of Life in the Game Industry: Challenges and Best Practices Whitepaper
Fair Labor Standards Act in the Game Industry

09/03 IGDA Contract Walk-Through Whitepaper, v2
Termination Clauses Chapter

05/03 IGDA Game Submission Guide Whitepaper
Game Submission Legal Considerations

04/03 IGDA Contract Walk-Through Whitepaper, v1
Game Documentation and Trade Show Demos

02/03 Secrets of the Game Business, Charles River Media
Chapter - “Effective Development Contracts”

02/03 Article
Getting Published Part 3: Completing Your Contract Arsenal - NDA’S, Employment & Contributor Agreements

11/02 Article
Getting Published Part 2: Just what are these games made up of...Legally Speaking?

09/02 Article
Getting Published Part 1: Initial Legal Issues

Positions and Associations

• Principal, T.H. Buscaglia and Associates
• President, Dev-Biz, Inc
• Director, International Game Developers Association
• Chair, IGDA Foundation
• Member, Florida Bar, District of Columbia Bar, Federal Bar Association, American Bar Association
• Admitted, Florida, District of Columbia, U.S. 11th and 3rd Cir. Courts of Appeal, U.S.

Law School: Georgetown University
Admitted to Bar: 1986
Practice Areas: Business > Intellectual Prop
Business > Entertainment
Gender: Male
Status: Married
Children: 2 Children
Age: 60
City of Residence: Vashon WA
Home Town: Buffalo NY
Home State: WA
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