Usage of Purchased Assets in Promotional Images

[imagry_suhail]

Hey!

I’ve purchased several asset packs and used them to build a scene. I was wondering if it is possible/legal to use images taken from that scene as promotional material for my product? I.e., can I put a banner on the top of my website composed of an image taken from that scene with my company’s name written over it?

Thanks!
Suhail

[AndersMalmgren]

They come royalty free, so yes

[neginfinity]

@AndersMalmgren

They come royalty free, so yes

Actually, no, it is not this simple.

Unity license is more restrictive than usual “royalty free” asset and stock images.

Asset Store Terms of Service and EULA

2.2
2.2.1 Non-Restricted Assets. The following concerns only Assets that are not Restricted Assets:

Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate Assets only as incorporated and embedded components of electronic games and interactive media and distribute such electronic game and interactive media. Except for game services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way than as integrated components of electronic games and interactive media. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).

I believe the best idea would be to contact unity support with the licensing question.

Unity only grants right to use assets for interactive games. If the picture in question is a screenshot of a game being developed, this will be probably fine, however, if assets are used for rendering, then this is not really explicitly covered by eula, and the whole thing boils down to whether a website is an interactive media or not.

[Martin_H]

@neginfinity

Actually, no, it is not this simple.

Unity license is more restrictive than usual “royalty free” asset and stock images.

https://unity3d.com/legal/as_terms

I believe the best idea would be to contact unity support with the licensing question.

Unity only grants right to use assets for interactive games. If the picture in question is a screenshot of a game being developed, this will be probably fine, however, if assets are used for rendering, then this is not really explicitly covered by eula, and the whole thing boils down to whether a website is an interactive media or not.

I’m no lawyer, this is not legal advice. Imho the part you quote only says that the only allowed form of copying the full asset data is inside of a game, which makes perfect sense. I don’t think this section applies at all to “showing” the asset (like e.g. screenshots of a 3D model) within promotional material related to a game. There are other usecases I could think of that I think are among “intended and legal use of assetstore content”, that would conflict with what you said. For example creating a non-interactive promo reel for an archviz company that uses 3D models from the assetstore, or showcasing a post-fx asset in a video by using models and scenes from the assetstore. Imho the intention of the part you’ve quoted is just to prevent asset piracy.

I have not read the whole EULA again though, because stuff like that takes me forever and gives me a headache. So there may be other parts that support your position much better.

[imagry_suhail]

Hey guys, thanks a bunch for the responses, I’ll shoot an e-mail to support as suggested!

[angrypenguin]

@neginfinity

Unity only grants right to use assets for interactive games.

Well, no, it says “electronic games and interactive media”. “Interactive media” is pretty broad, and I would expect it to include web pages.

It’s also talking about redistribution of the asset, which isn’t what’s being discussed here. This is about a picture from a scene in which the asset is used, which does not redistribute the asset itself (unless the asset is something like a sprite where this would be a complete reproduction).

That said…

@neginfinity

I believe the best idea would be to contact unity support with the licensing question.

… it certainly can’t hurt to clarify.