Ukie on Brexit

The UK-EU Deal:

What does it mean for games?

Ukie’s policy and events officer Grace Shin explains the impact of the Brexit deal upon the games industry. From data to physical goods, freedom of movement to IP.

Grace Shin, Ukie The Brexit transition period has now come to an end, and a trade agreement has been reached on the UK and EU’s future relationship.

What does this mean for games, and how will the industry be affected? Here, Ukie provides an overview on the major areas impacting the games industry – from data flows, to changes to trade.

DATA FLOWS

Continuing the flow of data between the UK and the EU is a major issue for our members.

With the UK becoming what is known as a third country to the EU, there were concerns that the free flow of EU data into the UK would come to an end on January 1st 2021.

As a data adequacy agreement was not included in part of the trade deal, a temporary bridging arrangement has been agreed in order to allow data to continue being transferred from the EU to the UK for four months, which may be extended up to six months. During this time, the EU has committed to completing its ongoing adequacy assessment.

The UK Government remains confident an adequacy agreement will be reached within this time. However, it is still advised as a measure of contingency that games companies put in place alternative measures such as standard contractual clauses before the end of the temporary bridging arrangement.

This is because although achieving a data adequacy agreement is very much in the interest of both parties, and despite how data regulations between the two are currently broadly the same (GDPR is retained in domestic law after the end of the transition period and so the key principles, rights and obligations remain the same), the UK can expect more scrutiny by the EU in how it processes its data as it becomes a third country.

PHYSICAL TRADE – CE MARKING

If you currently manufacture goods for or distribute goods to the UK market with the CE marking, there are a few actions you must take.

Products which previously required CE markings will need to carry the new UKCA marking for importation into Great Britain. However, please note that Northern Ireland will still require the CE marking.

Products are allowed to carry both the UKCA and CE until there is divergence between the two; divergence is not expected to occur for the foreseeable future.

Businesses should endeavour to phase in the UKCA marking as soon as possible. However, to allow

businesses time to adjust, CE marked goods can continue to be placed onto the GB market until 1 January 2022. Existing stock already fully manufactured, CE marked and ready to be placed on the market before 1 January 2021 do not necessarily have to meet this deadline.

Until 1 January 2023, you have the option to simply affix the UKCA marking on a label affixed to the product, or on an accompanying document (as opposed to physically on the product).

Manufacturers based within Great Britain will need to identify a representative based within the EU whose name and address can go on the product as a contact point for the Market Surveillance Authorities. This can be a contact with importer responsibilities or authorised representative. The latter is a legal party that acts on behalf of the manufacturer and ensures products comply with UKCA/CE markings.

The opposite is also the case for manufacturers based within the EU who export into the UK.

Most importantly, Great Britain will no longer recognise authorised representatives and responsible persons based in the EU. If you use an authorised representative, you will require one based in the UK for products being placed on the GB market. Again, the vice versa also applies. You will have to appoint this as soon as possible.

The address for the authorised representative must then be included on product labelling where the UKCA mark has been affixed.

MOBILITY

The end to freedom of movement is a key pillar of Brexit. British citizens will no longer be entitled to work in EU member states without a visa, and vice versa.

Despite this, UK nationals do not generally need a visa when travelling to and from within the Schengen area for short stays of up to 90 days in a rolling 180 day period. This includes short business trips or stays related to attending conferences, and trade fairs.

In addition to this, each Member State has its own list of activities it allows to take place visa-free. You can check them on the gov.uk website.

Meanwhile, for recruiting EU workers, UK employers should take note of the new immigration system in place which now applies to both EU and non-EU nationals.

Employers will need to obtain a sponsor license to issue work visas to foreign workers. It is recommended that employers apply for sponsor licenses now in order to prepare.

Employers should also ensure that any EEA employee currently in their UK organisation should apply to the EU Settlement Scheme. The deadline for this is 30 June.

DIGITAL TRADE

The digital trade of software and games is another key aspect for games companies to consider.

If you are a UK business supplying digital services to consumers in the EU, you must either register for the Non-Union VAT MOSS scheme in an EU member state, or register for VAT in each EU member state where you supply digital services to consumers.

Equally, supplies of digital services to UK consumers are liable to UK VAT. This is particularly relevant for marketplace platforms.

FUNDING

The UK is no longer bound by EU state aid regime. This means that there is potential for the UK Government to enact more beneficial subsidy schemes, however the terms of the Brexit agreement means that there are still limitations over what the Government (or the EU) is able to introduce. UK companies will also miss out on EU funding schemes such as Creative Europe and Ukie will continue to work with Government in the development of schemes which can support the games industry including the Global Screen Fund announced in the November Spending Review.

IP

IP rights are broadly unchanging. The trade agreement enforces a baseline of IP rights which neither party can weaken – however, it also provides flexibility for both sides to go further in the protection and enforcement of IP rights in the future.

OTHER NOTABLE ASPECTS

The trade agreement includes commitments from both the EU and the UK Government to provide clear and accessible online information about the agreement. We look forward to clear guidance being made available for our games companies.

In the meantime, should you have further questions on Brexit, feel free to contact the Ukie policy team at policy@ukie.org.uk. We are also able to connect you to one of our legal members. For more details and links to additional guidance head to https://tinyurl.com/ukiebrexit

Wallace and Gromit’s Big Fix Up

Chris Wallace takes a look at the pair’s most ambitious adventure yet – a transmedia AR title that brings together numerous storytelling elements. And which, pre-COVID, was all set for a big finale on the streets of Bristol

Wallace and Gromit: The Big Fix Up promises to be a significantly more ambitious experience than you’d perhaps expect from many titles with a big-name IP attached.

The app, which released on January 18th on Android and iOS devices, is a joint effort between Wallace and Gromit creators Aardman Animations and Fictioneers – itself a collaboration between Welsh studios Potato, Sugar Creative and Tiny Rebel Games.

As an augmented and mixed reality title, The Big Fix Up makes use of transmedia storytelling – players will experience the app’s narrative across AR gameplay, CG animations, in character phone calls, comic strips, Extended Reality (XR) portals and more.

If that wasn’t ambitious enough, the story slowly unravels to players (acting as Wallace’s employees) over a period of roughly 28 days, culminating in a dramatic final act in February.

There’s quite a few famous names behind the project too: the app’s cast includes the likes of Downton Abbey’s Jim Carter, Peep Show’s Isy Suttie and Harry Potter’s Miriam Margolyes.

The app’s month-long story began rolling out on January 25th. So as we wait to see how this ambitious project plays out, we sat down with Susan Cummings, executive producer and co-founder of Tiny Rebel Games.

WORKING WITH AARDMAN

Cummings tells us that Aardman was immediately on board with their plan for a transmedia title.

“The concept of transmedia has been this sort of beleaguered term over the years,” says Cummings. “People tried to do it. Usually, it’s like a comic book that maybe two people read before going to see a Marvel film, because of that discoverability issue.

“And so what we pitched was that we can bring all this together in-app. We can bring different types of storytelling techniques together and take users on a real time journey, and reimagine what it is to experience a story, thanks to augmented and mixed reality and mobile apps.”

Aardman shared this vision, Cummings says, resulting in a mutually beneficial partnership.

“We were really looking for a partner that wanted to be involved, we didn’t just want a licence. Because it’s so new, we didn’t want to take someone’s story and just retell it this way. This had to be a new story. It had to be about giving a user agency over something. How can you feel clever and discover things along the way if it was a story that everyone had heard? There’d be nothing to discover.”

The collaboration with Aardman allowed the team to overcome the challenges of the transmedia approach, working alongside Wallace and Gromit creative director Merlin Crossingham and the rest of Aardman’s creative team to flesh out the app’s narrative.

Cummings is hugely appreciative of the support Aardman provided throughout the project,

“No one’s done this before,” says Cummings, “no one’s really tried to tell a story in this way. It was really complicated because we have to first come up with a viable story that would serve our purposes. Everything was driven by the story in this project. Every single decision has been about what’s best for telling the story.”

Helping to navigate how best to tell each element of the story was just one element where Aardman’s expertise proved useful. The Aardman connection helped to ground The Big Fix Up in the distinct Wallace and Gromit universe.

Tiny Rebel Games has history with working with beloved British IPs – the Newport-based developer previously worked on mobile titles Doctor Who: Legacy and Doctor Who Infinity. Still, Cummings acknowledges there’s a Susan Cummings, executive producer and co-founder of Tiny Rebel Games

Asking Aardman

Merlin Crossingham, creative director of Wallace & Gromit at Aardman, gives us the inside story of Wallace & Gromit’s relationship to games and entertainment apps like the Big Fix Up.

Does the format of The Big Fix Up allow you to explore stories that you might be unable to tell in Wallace and Gromit’s more traditional format?

I don’t think there are any stories that can’t be told in any format, so no from that point of view we could have told this story in a traditional format. However the story we created was specifically tailored to make the most of having our audience not only interact directly with the various media and technology but also to be a part of the narrative.

The Big Fix Up gives our audience the opportunity to dive into Wallace & Gromit’s world. Bringing the characters and contraptions directly into their homes using the latest augmented reality technology - which is even more appealing while we’re all stuck at home at the moment!

Wallace and Gromit have long existed in multiple mediums. Do you feel the property is inherently suited to transmedia projects?

Wallace & Gromit’s heart and soul lies in traditional stop motion film making. However their strength as characters and the well-defined world in which they live does mean that they have the fortitude to dip their toes into almost any form of entertainment. The Big Fix Up takes this to the next level by incorporating so many different forms of media to tell one story.

The great thing about Wallace & Gromit is that they are national treasures! They appeal to all ages, from 8-80, so being able to offer multiple ways to connect with the characters is important. It’s particularly interesting that The Big Fix Up consolidates multiple forms of media, from comic strips to AR, and phone calls to XR portals.

Given the series’ long history as a beloved British IP, do you see a mobile app as a way to introduce a new generation to Wallace and Gromit?

No, I don’t see it as a way of expanding the Wallace and Gromit audience base, however that would be a lovely side effect if it does happen.

We entered into this project eyes wide open that it was a research and development project funded by the UKRI specifically to look at new ways to tell stories with emerging technology. So from that point of view I do hope it will open the doors to new and exciting story telling techniques to a generation who have become accustomed to interacting with the world via their mobile devices.

Wallace and Gromit have been largely absent from gaming in recent years, with more of a focus on the Shaun the Sheep titles. Is there more of a desire to bring these characters to games again?

We are always looking for the best opportunities for our characters and gaming is certainly one we recognise works fantastically for us but more importantly our fans. The last few years have indeed seen Shaun taking the limelight on the gaming front but rest assured Wallace and Gromit will be back within a game in the future. Watch this space!

Right: Head outdoors and enjoy some quality time with your Techno Trousers “heavy weight to bear” when dealing with such an expectant audience.

CRAFTING THE CHARACTERS

Which makes the love Aardman has put into this project all the more important. From smaller details, such as a list of pie-related puns along a bookshelf, to getting hands-on in the creation of the app’s new characters, literally leaving the Aardman fingerprint on the project.

“So there’s three new characters,” says Cummings, “but two of them, Bernard Grubb, and Hackerby’, had to actually be crafted in clay and then scanned, which is something we didn’t know going into the project.

“But when you think about it, if you’re going to do that for both Wallace and Gromit, you have to do it for the others. It was an unexpected thing to actually have Aardman modellers create these characters, which was just amazing watching them come to life from the drawings through to the clay models and to the real thing.

“And then they do these LIDAR scans, high resolution scans of the characters, and then we turn that into CG. But you even see thumb prints

and stuff on the characters, and we had to keep all that. So when we put out our first trailer, there were a lot of people fooled, and totally thought it was clay.”

Of course, even with all the love and support in the world – telling a coherent story across multiple different mediums is a tall order.

With the app ranging from AR gameplay, to comic books, to in-character phone calls, it’s hard not to wonder if the team had created a huge challenge for themselves.

“Yeah, it’s hard!” says Cummings. “It’s hard to do any one of those things well. It’s really complicated to make videos to try and make augmented reality because it’s so new. And it’s hard to write for those things, and to get the gags in as well, because Wallace and Gromit is all about humour. I think we may be the first company that has tried to do AR comedy, it’s super funny throughout.”

Still, the transmedia approach allowed the team to focus on what elements would be best used for the sake of the story – even tailoring the medium to the specific characters.

“But like I was saying with the story beats, we had to figure out the best way of telling each aspect of the story. So for example, Gromit doesn’t talk. So we had to figure out how to bring him into the story, what was the way of telling Gromit’s story? And so we settled on these noir full motion comic strips. And so that was a decision as being what is best for the story.” Above: The team at Aardman working on key character Bernard Grubb

Left: Gameplay revolves around constructing gadgets and gizmos and putting them to work on plot-related tasks

Above: ‘Local reporter’ Clarissa Kent talks to the game’s characters and builds the story, which is set in Bristol

TELLING A TALE

Splitting the story across multiple different mediums runs the risk of an audience getting lost, though. The app has a clear framing device: upon downloading the app, the user is signing up to be an employee of Wallace’s company – tasked with helping him with a job to fix up Bristol, as the beloved character once again finds himself in way over his head.

But when a narrative that began in AR continues into a comic, only to end in a phone call, there’s a chance audiences might lose the thread of it. It’s a potential concern the team is all but too aware of, though Cummings seems confident about the final result.

“The past month or two has just been integration and going over and over again, to make sure that the story flows. I think one of the most important outputs of this project is going to be: ‘did you get the whole story? Did you feel like you missed something, because of the way we delivered it?’ And you know, we feel really good about it, We can only get it out there now and see.”

The app’s narrative will take place over roughly 28 days, with new content available every day (apart from Sundays, even Wallaces need a break sometimes, trust me on this one), before its dramatic final act in February. Of course, the entire story will still be available after February, to cater to any latecomers.

It’s certainly an interesting experiment, and the daily rollout of content over the 28 day period opens up the opportunity for water-cooler conversations – something that we haven’t had a lot of this year. With all the players receiving the content at the same time (time zones depending) each day, it’s a chance to give players a sense of a shared experience.

“I feel like we are missing those,” notes Cummings. “There’s so much out there to watch. I end up telling somebody about something I watched, but no one’s watching it at the same time. I really miss the Game of Thrones experience of ‘could you believe what happened last night?’ That’s what we’re really hoping in this experiment, is to find out if people actually care about that.”

The Big Fix Up is very much a narrative-driven experience. While there are gameplay elements, they’re skippable for those who would simply rather focus on the story and the app’s AR features.

Cummings stresses that the app is not a ‘game’ in the traditional sense, with no failure states.

“We know that this is a broad audience, and we’re not trying to make people uncomfortable” says Cummings. “There are a lot of people out there who are scared of games, who think that they’re too hard, and they’re getting punished and so forth. The audience for Wallace and Gromit runs the gamut, and we want parents and grandparents to be able to interact with this with their children, and teach them about something that they grew up with.”

What gameplay there is focuses around a traditional gameplay loop of collecting parts and building gadgets. Players can send their contraptions out for less important jobs, similar to sending Fallout Shelter’s vault dwellers out on tasks. More urgent jobs take place in the app’s AR mode. For instance, the first urgent job players will encounter is to fix the Wrong Trousers, which have once again gone haywire.

The gameplay itself promises to be fairly simple, and can be repeated at any time. For players particularly impressed by the AR technology, there’s even a sandbox mode called the Playground, Unity’s MARS technology and allows players to send Wallace’s bizarre contraptions whizzing around their own houses.

A GRAND DAY OUT

Which brings us to the elephant in the room. Not only was the app originally scheduled to release last year, but was due to culminate with players coming together on the streets of Bristol for the story’s dramatic final act.

Of course, our current COVID-reality put an end to those plans. This unexpected spanner in the works forced the app to delay until 2021, so that the story’s final act could be reworked to fit our new normal.

“The finale of the story, which is going to happen in February, was meant to be on the streets of Bristol,” says Cummings. “Something was going to happen, and everyone had to get to Bristol to help. And so we partnered with a company called Fantasmo to LIDAR scan the sections of Bristol that we needed, so that we could have everyone come together for this rich finale involving crowds of people. Obviously, that suddenly isn’t going to be a thing.

“So what we’ve done is we’ve taken the LIDAR scan data of Bristol, and our Unity team has been able to turn that into something akin to a diorama and made it scalable. So you can either make it really small on your tabletop if you’re confined to a small space, or you can make it really big and you can put it in your back garden or in your local park.

“You’ll have a series of about a dozen AR experiences all open up at once, and you get this experience that you would have had on the streets of Bristol, but you can do it from home.”

The work done to adjust to the changing situation is certainly impressive, but we can’t help but wish we could take to the streets of Bristol in February. Still, there are plans for this to take place, once it is safe to do so, across three yet to be determined cities. It’s certainly in-keeping with the idea of bringing people together through Wallace and Gromit.

It all sounds very promising, and if all goes well there’s certainly hope for future collaboration with Aardman, or more transmedia narratives coming in a (hopefully less locked down) future.

“We love working with Aardman, we have a great relationship and we’re really excited with what we’ve managed to pull off here. So I think there’s definitely interested in doing more of both with Aardman, and just more of these types of experiences generally. You know, we hope we’re right, that that this is something that that users want and that blended storytelling is something viable, and a fun way to interact with experiences.” Feature and cover images © and TM Aardman/W&G Ltd. All Rights Reserved. And © Fictioneers Ltd. 2021

“What we’ve done is we’ve taken the LIDAR scan data of Bristol, and our Unity team has been able to turn that into something akin to a diorama and made it scalable.”