Indie Game Studio Insurance UK | Publisher Contract Requirements
Indie game studio insurance usually becomes urgent when a publisher, platform or investor sends over a contract that requires it. Most publishing agreements ask the studio to hold professional indemnity that includes intellectual property infringement, often with a limit of £1 million to £5 million, and some also require errors and omissions cover naming the publisher. Alongside that, studios need cyber cover for player data and source code, employers' liability once they take on staff, public liability for events and expos, and cover for development hardware. Insurers want to know what you are making, who owns the IP, how you clear music, fonts and third-party assets, and how you handle player data. Getting this right before you sign avoids delays to milestone payments.
Key facts at a glance
- Publishers usually require IP cover. Most publishing agreements ask for professional indemnity or media liability that covers intellectual property infringement claims.
- Limits are set in the contract. Expect requests for £1 million to £5 million, sometimes with the publisher named as an additional insured.
- Asset clearance is the big question. Insurers ask how you license music, fonts, code libraries, AI-generated assets and any likenesses used in the game.
- Cyber protects code and players. Ransomware, leaked builds and breaches of player data are now common claims for studios.
- Cover often has to continue. Some contracts require cover for several years after launch, so plan for run-off if the studio closes or is sold.
What insurance do publishers require from game studios?
Most publishers require professional indemnity or media liability that covers intellectual property infringement, often with a £1 million to £5 million limit. Many also ask for cyber cover, employers' liability and public liability, and want to see certificates before the first milestone payment.
| Cover | Why publishers ask for it |
|---|---|
| Professional indemnity with IP | Claims that the game infringes someone else's copyright, trade mark or design, or that work was delivered negligently |
| Media liability | Defamation, privacy and content claims arising from the game and its marketing |
| Cyber | Breaches of player data, ransomware and leaks of unreleased builds |
| Employers' liability | A legal requirement once you employ staff |
| Public liability | Injury or damage at expos, playtests and your premises |
| Equipment | Development PCs, devkits, VR headsets and capture equipment |
For a wider view of studio risks, see our guide to game development business insurance.
How intellectual property claims arise
IP claims usually come from unlicensed assets, music or fonts, code copied from other projects, character designs that resemble existing properties, or disputes with former team members about who owns the work.
Small studios are particularly exposed because games are often built by freelancers and collaborators without written assignments of IP. If a former contributor claims ownership after launch, the publisher will look to the studio to resolve it.
The same applies to AI tools. Insurers increasingly ask whether you use generative AI for art, audio or code, and what rights you hold in the output. Keep a record of the tools you use and their licence terms.
Make sure every employee, freelancer and collaborator has signed an IP assignment. Insurers will ask, and gaps can lead to exclusions or refusals.
What do insurers look for in a game studio?
Insurers look at the games you make, your revenue model, IP ownership and asset clearance, use of AI tools, player data handling, the territories you sell into and the contracts you sign with publishers and platforms.
- Projects. Genre, platforms, original IP or work for hire
- Revenue. Premium sales, free-to-play, subscriptions and in-game purchases
- Clearance. Licences for music, fonts, middleware and third-party assets
- Ownership. Written IP assignments from staff and freelancers
- Data. Player accounts, payments, children's data and security controls
- Territories. Sales into the US and other litigious markets
Studios that run online services face many of the same issues as software businesses. Our guide to SaaS business insurance covers service level and data claims in more depth.
How do you get the right cover before signing?
- Send us the insurance clause. We check the limits, named insured and run-off requirements.
- Describe the project. Game, platforms, launch date and revenue model.
- Confirm IP ownership. Assignments from everyone who has worked on the game.
- List licensed assets. Music, fonts, engines, middleware and AI tools.
- Review data handling. Player accounts, payments and security.
- Issue certificates. Provide evidence of cover to the publisher before the milestone date.
Refused cover or facing exclusions?
Studios are sometimes offered PI without IP cover, or declined because of US sales or unclear ownership. Presenting your clearance process and IP assignments to specialist media and technology underwriters usually removes the exclusion.
We use the Insurability Framework™ to show underwriters how your studio manages its risks. If your team also competes or streams, see our guide to esports team insurance, and for our wider games industry cover visit esports and gaming professionals insurance.
Frequently asked questions
Usually, yes. Most publishing agreements require professional indemnity or media liability with IP cover, and the publisher will ask for a certificate.
Typically £1 million to £5 million. Larger publishers and console platforms may ask for more, and some want to be named on the policy.
Not always. Some PI policies exclude intellectual property claims, so check the wording or ask us to arrange cover that includes it.
It depends on the insurer. Many will cover them if you can show the tools you used and the licence terms for the output.
If you hold player data, take payments or store unreleased builds, cyber cover protects against breaches, ransomware and leaks.
Yes. US exposure affects the price and terms, and we approach underwriters who are comfortable with worldwide sales.
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Miller & Partner Limited (FRN 1029698) is an Appointed Representative of Gauntlet Risk Management Ltd (FRN 308081), which is authorised and regulated by the Financial Conduct Authority. Miller & Partner Limited is registered in England and Wales (company number 16206282) and trades from Vivian House, Roman Bridge Close, Mumbles, Swansea SA3 5BG. This article is general information, not a personal recommendation or an offer of cover. Cover is subject to insurer acceptance and the full terms, conditions and exclusions of the policy issued.
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