hpdvs2

Selling Unity Assets, what should I be careful of legally?

Recommended Posts

I have several Unity Assets I'm planning to publish through my current employer to the Unity Asset Store.  But I'm worried about legal protection.  I'm not really sure how to protect myself or my company from potential law suits.  Not that I'm expecting them.  

It seems like I need to hire a lawyer to draft a EULA, but I'm wondering if there is some standard EULA that basically says use at your own risk.  Or if there is an article that talks clearly to this topic.

 - Thanks.

The products will be 100% self developed code, and self developed models, no fan art  With Source Code included

Share this post


Link to post
Share on other sites

If this is your own/company IP why would you be worried about lawsuit?, seems like the worry should be about usage rights for your content. I mean, if it does happen then I would think that being the IP owner would be in your advantage. With that being said, I"m not a lawyer so that would be something that you would want to seek legal counsel on.

Share this post


Link to post
Share on other sites
On 10/17/2017 at 6:16 PM, hpdvs2 said:

I have several Unity Assets I'm planning to publish through my current employer to the Unity Asset Store.  But I'm worried about legal protection.

Doesn't the Unity asset store cover this with there own license?

My understanding is that all Unity assets downloaded from the store is done at the developers own discretion, in turn any asset creator submits there content to the Unity license and can't have there own license.

So if your asset harms a developers game they can't hold you or Unity applicable, in turn if a developer uses your assets in a way you don't 100% agree with you can't take legal action as long as the developer doesn't break the Unity license. 

Edited by Scouting Ninja

Share this post


Link to post
Share on other sites

I wonder how well that license agreement would hold up in court, I would assume there is some expectation that Unity's store is selling assets that are able to be used, and not stolen/using someone else's IP.

Share this post


Link to post
Share on other sites
35 minutes ago, ferrous said:

I would assume there is some expectation that Unity's store is selling assets that are able to be used, and not stolen/using someone else's IP.

If Unity discovers a asset is stolen they will remove it and warn or ban the publisher. I know this as I have had stolen assets removed from the store before.

 

Spoiler

 

"9.1

The Assets are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties."

 

Unity's license is fully legal and covered.

Spoiler

 

"2.1

You agree that Unity may stop (permanently or temporarily) providing the Unity Asset Store (or any features within the Unity Asset Store) to you or to users generally at Unity’s sole discretion, without prior notice to you."

"10.1

END-USER UNDERSTANDS AND ACCEPTS THAT PRIOR TO PLACING ANY ASSET ON THE UNITY ASSET STORE, UNITY DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANY ASSET OR THEIR CONTENT FROM THE UNITY ASSET STORE. CONSEQUENTLY, END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE ASSETS IS AT END-USER'S SOLE RISK AND THAT THE ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR, LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO END-USER THAT:

(A) END-USER'S USE OF THE ASSETS WILL MEET END-USER'S REQUIREMENTS,

(B) END-USER'S USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF END-USER'S USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO END-USER AS PART OF THE ASSETS WILL BE CORRECTED."

 

 

 

Meaning that if it is discovered that you broke the license they can do as they wan't and because you agreed to it there is nothing you can do. Yet at the same time they have no legal obligation to monitor the assets on the store, so you can't take legal action against them if they don't.

 

Edit:

Unlike many other licenses that gives a court location Unity uses this:

Spoiler

 

"13.1

This EULA and END-USER's relationship with Licensor under this EULA, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, Provider agrees that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction."

 

Meaning that no matter what court you go to you will be judge under Danish law.

Edited by Scouting Ninja

Share this post


Link to post
Share on other sites
On 10/18/2017 at 2:21 PM, Scouting Ninja said:

 

  Reveal hidden contents

 

"13.1

This EULA and END-USER's relationship with Licensor under this EULA, shall be governed by the laws of Denmark without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified arbitration arranged by The Danish Institute of Arbitration in accordance with the rules of simplified arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced. Notwithstanding this, Provider agrees that Licensor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction."

 

Meaning that no matter what court you go to you will be judge under Danish law.

 

Assuming a contract of adhesion is legally binding under Danish Law in the first place. These things don't get challenged nearly often enough. 

Generally speaking, assuming your assets are not otherwise in violation of your license agreement with Unity, the Unity asset store license will cover any assets you sell through it from my experience. 

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


  • Announcements

  • Forum Statistics

    • Total Topics
      628373
    • Total Posts
      2982306
  • Similar Content

    • By NoobDevSensei
      Hey all im Norvik i really like games but recently want to create them yes i know it takes a lot of people to make a single game but right now im just focusing on the 3d aspect of it i tried c# i kinda understood a bit of it but it didnt catch my attention right now im doing 3d work in Blender and later on i would like to at least prototype my ideas into Unity the thing is i think i hate coding and the other day i saw something called Uscript (visual Scripting) can someone tell me if thats a good way to go ?
    • By MeeMaster
      I am a beginner in the Game Dev business, however I plan to build a futuristic MMO with some interesting mechanics.
      However, I have some doubts about shooting mechanics that I chose for this game and would like to know your opinion on this. The mechanic goes as follows:
      - Each gun would have it's damage-per-shot value
      - Each gun would have it's shots-per-second value
      - Each gun would have it's accuracy rating
      Now the question is: how to calculate the output damage? I have three available options:
      1) Calculate the chance of each shot hitting the target (per-shot accuracy)
      2) Multiply the damage output of a weapon by it's accuracy rating (weapon with 50% accuracy deals 50% of it's base damage)
      3) Don't use accuracy at all and just adjust the weapon damage output
      Which of these three mechanics would you like to see in a game? Mind, this will be an MMO game, so it will have lock-on targets, AoE effects and all that jazz.
    • By Vityou
      I am thinking of making a game like screeps, where you use actual programming to control the game, but I'm not sure about the best way to do this.  I'm probably going to use lua or javascript for the language, and I would like to represent units in the game as objects that the user can command and modify, with restraints based on the actual game, like how screeps does it.  However, I am not sure how to get started.  I think I have to use C or C++ and then embed the languages, but I'm not sure where to go from there, for example, having objects in lua actually correspond to units in the game.  Are there any resources that explain how to do this?  Also, I'm not concerned about the graphics of the game whatsoever, it might as well just be a text adventure as far as I'm concerned, I just want the user to be able to control the game through scripting.
    • By Vityou
      I'm looking to create some kind of simulation like game similar to rimworld and dwarf fortress.  I would also like to include a way to control units through programming, similar to screeps, I'm even thinking of using JavaScript as well.  I would like the graphics to be separate from the actual game, so that people can make their own if they don't like the default on (the game will be open source).  Are there any languages or engines that would be good for this task?  I mostly program in functional languages like racket, but I know some python, Java, and JavaScript.  I know how to use unity somewhat, but I'm not sure that it would be best for this.  Also, I'm not sure if this is important for picking out the right tools, but I am thinking of including a feature to run parts of the simulation at different levels of detail, for example, you could "zoom in" on a battle that's happening and see each individual shot, or you could just get the main idea of the battle, like if you won and how much gold you got or something like that.  Thanks for any suggestions.
    • By deltaKshatriya
      Hey all, 
      This isn't really a post that fits into any particular forum, so I'm posting it here, but feel free to move it mods, if you feel that it should move. I figured it isn't really specifically about game dev related careers.
      I'm a recent college grad, currently working as a software engineer as part of a rotational program, so I'll be spending some time in my current role then rotating to a new location and new software engineering related position. I did my undergrad in Computer Science, and while Computer Science had been my main career interest for quite some time before college, while working my way through college my main focus really was just to get done with the degree, get a job, and be done with the extreme stress/too much work during college. Now that I'm out, I'm not as sure about my career direction as I was before. While I do still do like Computer Science, software engineering, etc., my current position, although well paying, doesn't really involve me doing much on a day to day basis (for now at least though that's subject to change). The good news is that I've got a lot of control over where I rotate to next. Interestingly enough, initially I got interested in Computer Science because of game dev (as a teenager at least). Then that morphed into AI and machine learning. Now it's....unknown really.
      Now the thing is I've kind of been bouncing around in all sorts of directions. I absolutely love 3d art and have been actively trying to get better at it. I've also taken up writing and considered trying to write a novel in my spare time. Then I'm finding graphics programming very interesting as well (although that's not what my day job is), and I still have quite an interest in machine learning, data science, text mining, etc.
      In short, I have absolutely no clue which direction to move towards. My parents believe I need to get a graduate degree, either an MBA or an MS in Computer Science. I, honestly, have no clue. And so I'm here, wondering what I should do with very little actual idea of what I should do.
      So I'd like to here your thoughts, fellow people of this particular section of the Internet. 
      Thanks in advance!
       
  • Popular Now