Despite Double Fine mostly self-publishing after its resounding Kickstarter success, it wasn’t long ago that the company released games mostly through publishers. THQ being one of them, when the company went bankrupt and was sold, the console distribution rights for Stacking and Costume Quest went with it. But following a sale of the remainder of THQ’s assets, Double Fine is “optimistic” it can get the rights back.

“THQ retained limited distribution rights that we bid on during the previous process to reclaim them prior to their expiration,” according to Double Fine VP Justin Bailey.
“We are optimistic about regaining these distribution rights, as this process has already demonstrated that when there are parties interested in specific assets, those assets are worth more when sold separately.”
The Journey of Double Fine
Double Fine Productions, founded by Tim Schafer in 2000, has always been known for its unique and creative games. The studio’s early years saw the release of critically acclaimed titles like Psychonauts and Brütal Legend. However, financial challenges often meant that Double Fine had to rely on publishers to bring their games to market. This changed dramatically with the advent of crowdfunding platforms like Kickstarter.
In 2012, Double Fine launched a Kickstarter campaign for what would become Broken Age. The campaign was a massive success, raising over $3.3 million and proving that there was a strong market for their unique brand of games. This success allowed Double Fine to move towards a self-publishing model, giving them more creative control and financial independence.
The THQ Bankruptcy and Its Aftermath
THQ, a major video game publisher, filed for bankruptcy in 2012. This led to the sale of its assets, including the distribution rights for several games. Among these were Double Fine’s Stacking and Costume Quest. The rights were sold off to various entities, complicating Double Fine’s ability to control the distribution of their own games.
The sale of THQ’s assets was a complex process, involving multiple rounds of bidding and negotiations. Double Fine participated in these proceedings, aiming to reclaim the distribution rights for their games. According to Double Fine VP Justin Bailey, the company is optimistic about regaining these rights. He noted that the process has shown that specific assets are more valuable when sold separately, indicating that Double Fine’s targeted approach could be successful.
The importance of regaining these rights cannot be overstated. Having control over the distribution of Stacking and Costume Quest would allow Double Fine to re-release these games on modern platforms, potentially reaching a new audience. It would also enable them to bundle these titles with other games or offer them as part of special promotions, further increasing their visibility and sales.
The gaming industry is rife with examples of developers losing control over their creations due to complex publishing agreements. For instance, Remedy Entertainment had to negotiate with Microsoft to regain the publishing rights for Alan Wake, a process that took several years. Similarly, Bungie had to part ways with Activision to gain full control over the Destiny franchise. These examples highlight the challenges developers face in maintaining control over their intellectual property.
Double Fine’s situation is a reminder of the importance of having a clear and favorable publishing agreement. As the industry evolves, more developers are likely to follow Double Fine’s lead in seeking greater control over their work. The rise of digital distribution platforms like Steam and the Epic Games Store, along with the success of crowdfunding, has made it easier for developers to self-publish. However, the legacy of past agreements can still pose significant challenges.
In conclusion, Double Fine’s efforts to regain the distribution rights for Stacking and Costume Quest are a crucial step in their journey towards full creative and financial independence. The outcome of this process will not only impact Double Fine but also serve as a case study for other developers navigating the complexities of publishing agreements.
Source Polygon
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