LICENSE QUESTION ABOUT AN ASSET PACK

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I recently purchased an asset pack for use in one of my games. In the license documentation for the pack, it says I have to give credit to the author of the assets somewhere within the game files.

That doesn't sound right to me at all. If I PAID for the asset pack, shouldn't I be able to use the assets in my game and not have to credit the author? The point of paying money for it is so that I would be able to use the assets without restriction.

I could understand if it was a free pack, but it isn't.

What am I missing here? I mean I have no problem crediting the author, but saying it's required for something I paid for the rights to use is a little over the line to me.


Marrend
Guardian of the Description Thread
21159
I believe the underlying reasons for requiring credit in both free and paid resources cases is pretty much the same: they want to make sure credit is given where it is due. If no credit was given, wouldn't the assumption be that you made those resources yourself?

I dunno. I think it's a little silly to argue about it if you're okay with giving the credit regardless of the requirement. However, maybe somebody else can make a better argument than I.
Craze
why would i heal when i could equip a morningstar
15240
When I design a website, I don't require the customer to credit me on the website. They gave me money for my services. I don't expect my name to appear on their website, even though I designed it. It would be nice, but I sold the rights to that design to the customer.

Isn't an asset pack for a game similar? I paid money to compensate the author for their time and talent, so why is it required to list them in the credits? To be honest, I don't even think that limitation of theirs can be legally enforced since money was exchanged for the rights to that pack.










Many asset packs have Terms of Use, whether that be crediting the artist, encrypting the game files, including a Creative Commons license, or other such things.

It's different than if you're personally commissioning or contracting a person to make assets exclusively for you. Which, in most instances, you have a lot more say in how the assets are used. But with an asset pack you're using resources that the artist made on THEIR terms.

Also not crediting artists is a Not Very Nice thing to do regardless.
author=jstomp
To be honest, I don't even think that limitation of theirs can be legally enforced since money was exchanged for the rights to that pack.


The creator still owns the work they did. You aren't paying for the ownership of the pack itself, you're paying for the permission to use it. Money isn't some magical thing that ignores licensing or permission. The owner/author gets to define how their work is allowed to be used and attributed to. If they say you can't edit it, you don't get to edit it. If they say you can't use it for commercial purposes then you can't use it for commercial purposes. If they say you have to credit them, you have to credit them. If you don't want to do that, don't buy the pack.

Do you know why you see credits in movies and shows? It's because the people who worked on those productions are entitled to be credited. Just because they're hired and paid and full doesn't mean they lose their rights to attribution and the cells of the body are owned by corporate. It mainly has to do with contracts and unions as to why that's the case, but the principle is the same. You comply with whatever the contract or license says.

https://fairuse.stanford.edu/overview/introduction/permission/

https://creativecommons.org/licenses/

Here are some sources to help you better understand this.
author=SgtMettool
It's different than if you're personally commissioning or contracting a person to make assets exclusively for you. Which, in most instances, you have a lot more say in how the assets are used. But with an asset pack you're using resources that the artist made on THEIR terms.

This is the exact explanation I was looking for, thank you.

author=Darken
Money isn't some magical thing that ignores licensing or permission. The owner/author gets to define how their work is allowed to be used and attributed to.

Then they need to make the terms clear on the purchase page, and not wait to hit me with the terms after my credit card is processed.

After my original post I was doing some digging online about asset packs and licenses. I did find an interesting discussion online. Paraphrasing: "Since the terms of the license weren't presented and agreed to prior to purchase, it may not be enforceable." In other words, I never agreed to the license before they took my payment. I'm going to keep digging on this issue but I'll leave you guys alone about it.

I was planning on crediting the artist anyway as I don't really care either way, but going forward I will be much more careful of purchases like this and will request to see the terms first. Lesson learned.

Thanks all.

edit: typo




InfectionFiles
the world ends in whatever my makerscore currently is
4622
Not being a dick here but it seems you do care one way over the other if it affects your future purchases.

And that's okay. Consumers should know their rights and everything involved with what they are buying.
author=jstomp
Then they need to make the terms clear on the purchase page, and not wait to hit me with the terms after my credit card is processed.


It's on you not to make the purchase if you can't find the license or don't bother asking permission from the holder.

author=jstomp
After my original post I was doing some digging online about asset packs and licenses. I did find an interesting discussion online. Paraphrasing: "Since the terms of the license weren't presented and agreed to prior to purchase, it may not be enforceable." In other words, I never agreed to the license before they took my payment. I'm going to keep digging on this issue but I'll leave you guys alone about it.


I'm gonna need a source for that, I can't find anything that automatically enforces this. Absence of a copyright license doesn't mean the copyright no longer applies. You agreed to purchase something without knowing the license, they didn't grab your hand and slap it on the left mouse button. Worst case you ask for a refund for your money instead of exploiting your own misunderstanding.
I cannot fathom the problem you have with being required to give someone credit somewhere within the game files. You can literally have a .txt file hidden in a subfolder with his name on it and fulfill your minimal obligation.

There are reasons why someone might desire credit or make it a stipulation: perhaps they feel they can sell their work for a reduced cost if it comes with the promise of advertising their work, effectively subsidizing their own goods.

If an artist is not particularly well known, then ensuring that people familiarize themselves with their style can be worth a lot of future revenue.

There is no legal issue with requiring that you be acknowledged as the creator of a work so long as you stipulate it somewhere in the terms of the sale, and there is no legal issue with presenting an end user with the EULA AFTER the purchase has been completed so long as they provide said end user with a reasonable reimbursement window.
SunflowerGames
The most beautiful user on RMN!
13323

I agree that the terms should be clear prior to purchase. RPG Maker assets are sometimes restricted to the engine, but not always. This is usually not made clear until you read the text file in the DLC, which requires purchase. I have found some other instances of restrictions in text files that were not clear prior to purchase. And sometimes the terms of use change, even after purchase. You usually agree to accept terms and conditions even prior to devs changing them.

I would want credit so other people buy my stuff or I can say in an interview "I was involved in this game. I'm even in the credits."
Even free graphics require some kind of credit. Take it from someone who supplies some free shit - if I don't get the credits I asked for, I will point out that out where-ever and how-ever I can. You do not want a reputation for not crediting others. The stink doesn't leave.

Besides, you should want to thank the people who make stuff for people like you to use. It's not only common decency but also helps them out by exposing their work to other people who might want to use that work or commission them for their own games.

That aside, if someone says you have to give them a credit, they can legally hurt you in a big way if you do not give them that credit. Buying the pack means you agree to abide by the laws of (most of) the WORLD in that you do not OWN that pack, you are allowed to use it (as is everyone else who bought the pack) and thus credit is owed.

Why? Because people assume that if there's not credits, YOU made everything. The music, the sound effects, the graphics, the UIs, the code... everything. And that's not right because you're then claiming, by omission, that you own all the rights to all the components used in your game. Thus, breaking the law.

This is why even big name companies are careful to credit because they know they can get into huge legal trouble if they don't. And they have money to spare. You? I doubt you do.

Last, and not least, you're not more special than everyone else who bought that same pack. They are required to credit. Thus, so are you. Hell, even if you commission graphics from an artist, it's still necessary that you add somewhere that you didn't make that shit yourself. Because you didn't.

And letting people think you did is so very wrong, especially as you'll be getting a lot of players going "Oh wow, you made all this? Can you make me stuff too?" and the moment someone hears that you didn't credit someone who did the work for you? Say goodbye to your reputation - seriously, we've seen this thing happen, even for graphics that were free to use.

(Besides, there's also the case of if someone else claims that you're using something of theirs that you got from another person - if you don't have a record of that somewhere, you can get into so much trouble. At least if you've got credits, you can point them towards the possible offender.)

There's just so many reasons why you SHOULD credit people and no real reason why you shouldn't.
Never said I wasn't going to credit them, I was asking WHY it's required in a paid asset. I wanted to know the reasoning behind it so I can understand these licenses better. Somehow people took that to mean I'm a content thief. Regardless, I still think hiding the EULA until after purchase is a shady business practice but I'm done here. Question has been answered. Thanks all.

















SunflowerGames
The most beautiful user on RMN!
13323

I only agree on hiding the terms of use. This is not okay. And it could potentially land someone into legal trouble, depending on where you live.
(But this only goes so far as terms of use that place restrictions on use,
not for the actual crediting of something.)
InfectionFiles
the world ends in whatever my makerscore currently is
4622
Not being able to use asset packs outside of the rpgmaker engine kinda blows.
Craze
why would i heal when i could equip a morningstar
15240
The exclusivity and broad use is why they're so cheap, though. Works fine for me ;V
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