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hpdvs2

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

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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

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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.

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2 hours ago, hpdvs2 said:

I'm planning to publish through my current employer to the Unity Asset Store. 

Does your employer have a lawyer you can ask?

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17 hours ago, Tom Sloper said:

Does your employer have a lawyer you can ask?

Good question, I just spoke with them and found out they *sort of* do, but not with game law.  I also just reached out to a game lawyer near us to get more clarity.  - Thanks.

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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

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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.

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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

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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. 

 

 

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