Legal stuff when using free art / models in an own game

Sven · 2014-06-27T09:10:24

I am wondering how and to what extent free art / sprites / 3d models can be used in an own game. For example, lets say in the case of an animated mickey-mouse sprite, where the readme inside states: "This sprite may be freely distributed UNALTERED. Which means, you can't pull the readme file out of the zip,or add your own stuff to it and pass it along as your own!" I believe including it in the game an selling it bundled will not be allowed. On the other hand, if the user downloads the free model himself and installs it in the game-folder, there wont be any problem. Now where is the boundary ? Lets consider the following cases: Like what happens if the game does not contain this sprite and -downloads and installs it automatically after installation ? -downloads and installs it on request (pushing a button) ? -contains a script to download and install the sprite ?

Games Business and Law Business

Started by spacerat June 25, 2014 03:27 PM

10 comments, last by spacerat 9 years, 10 months ago

ilreh

293

June 27, 2014 12:23 AM

I would try to avoid "permissions" that are loosely verbalized. Depending on where you live there is an automatic copyright on everything people make so by default others cannot do much with it. Also depending on where you live loosely verbalized permissions can be treated as invalid if they don't meet judicial requirements like being specific enough. The combination of those two things could theoretically lead you to problems in case of a lawsuit. Better use things that are published under one of those open licenses since they are usually made with a lawyer.

This is not a likely scenario (why would someone sue someone if they don't mind?) but better safe than sorry.

spacerat

1,187

Author

June 27, 2014 09:10 AM

No, you did not find out how it was resolved. The key part is "did not disclose terms of the settlement". For all you know NCSoft needed to pay millions of dollars to "proceed unhindered".

Apparently Marvel failed to sue NCsoft for most items according to these news:

http://www.finanzen.net/nachricht/Marvel-Gericht-entscheidet-zugunsten-von-NCsoft-18253

http://www.thefreelibrary.com/Federal+Judge+Dismisses+Claims+and+Strikes+Allegations+in+Marvel...-a0130132401

The court ruled that the similarities were insufficient

interesting is also this part:

"certain allegedly infringing works depicted in Marvel's pleadings were created not by users, but by Marvel itself. "

Further, if they would have paid some amount, I wonder about that statement " all parties agree that this case was never about monetary issues "