Humble Bundle Big Music Bundle for Games

[Larry Shelby]

Samples and Loops for Game Developers...
https://www.humblebundle.com/software/big-music-bundle-for-games-films-and-content-creators-software?hmb_source=navbar&hmb_medium=product_tile&hmb_campaign=tile_index_7

[Eusebio Rufian-Zilbermann]

For those (like me) who obsess about reading licensing terms for anything that might be useful for creating a derived work from, these should be covered under the Unity EULA, single seat

https://unity3d.com/legal/as_terms

Selected quote: Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate it only as incorporated and embedded components of electronic applications and digital media

Looks like we would be licensed to create digital media with it, but not any physical media. It's interesting that it would cover an interactive album app (and possibly a downladable/streamable song, I'm not sure exactly what are the requirements to be considered "embedded") but the license would not cover physical media such as a CD or vinyl

(and, if anybody is curious, yes - I'm a member of the CD-buying population. I know we are a minority but I value being covered by first sale doctrine more than the convenience of downloading/streaming)

[user 905133]

8 hours ago, Eusebio Rufian-Zilbermann said:

For those (like me) who obsess about reading licensing terms for anything that might be useful for creating a derived work from, these should be covered under the Unity EULA, single seat

https://unity3d.com/legal/as_terms

Selected quote: Licensor grants to the END-USER a non-exclusive, worldwide, and perpetual license to the Asset to integrate it only as incorporated and embedded components of electronic applications and digital media

Looks like we would be licensed to create digital media with it, but not any physical media. It's interesting that it would cover an interactive album app (and possibly a downladable/streamable song, I'm not sure exactly what are the requirements to be considered "embedded") but the license would not cover physical media such as a CD or vinyl

(and, if anybody is curious, yes - I'm a member of the CD-buying population. I know we are a minority but I value being covered by first sale doctrine more than the convenience of downloading/streaming)

I am not a legal expect, and I faced a situation years ago where from an EULA it was unclear to me if I could use material commercially for my own music.  I wrote the vendor, pointed out relevant sections and asked a very specific plain-English question ("Does this mean I can or can't . . . ?") I got a very nice reply explaining that yes I could . . . .

I looked at this terms you link because I was curious.  There are other sentences where it seems that using the Assets is only OK for electronic applications/digital media.  ?

There is also this:

Quote

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 applications and digital media or in supporting physical marketing materials.

To me I think the legalese is trying here to make a statement about the Assets themselves [as Assets] as opposed to original music which uses the Assets.  With live and recorded performances that are non-digital, there is no need to distribute/transfer the Assets themselves.

The quote you use  refers to "a non-exclusive, worldwide, and perpetual license to the Asset to integrate it only . . . ." To me (not a lawyer) "a license to the Asset to integrate it" is less clear.  But I would hope that "integrating" an Asset refers to distributing the Asset as an Asset.

If I were planning to use the product for any purpose, I would ask about this.

(Like many people, I detest legalese. Its EULAs like this that inspire my reaction.)

EDIT: I think the difference between (1) using the product and (2) distributing/transferring the digital Assets as Assets is warranted by this:

Quote

An END-USER may use an Asset under SECTIONS 2.2 and 2.3, and may have a third party, including any “work-made-for-hire” contractor or “freelancer” (“Contractor”), work on that Asset on its behalf.  [Emphasis added.]

In other words, permission is explicitly granted to use the Asset per Section 2.4  of the Agreement [after the Terms].

However, people who agree to using the Assets seem to be agreeing to corporate censorship:

Quote

You agree that no modification or use of those Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are threatening to any other person; or (g) promote illegal or harmful activities or substances.

To me, by implication people who have purchased a license to use the Product and its Assets are allowed to use it in any non-explicitly "prohibited" ways without violating the agreement.

DISCLAIMER: I am not a lawyer or any sort of legal "expert" and I have a strong bias against legalese.

Needless to say, if you write to the company and they say you can only use the product for digital/electronic media (i.e., not for performances and non-digital/electronic media), that overrides my opinion.

Edited May 7, 2020 by User 905133
to underscore differences between use of the product and distribution of Assets as Assets.

[Matthew Sorrels]

Technically a CD is digital media, not sure about vinyl though.

[chris.r]

3 hours ago, Matthew Sorrels said:

Technically a CD is digital media, not sure about vinyl though.

analog media...?

 

?

Edited May 7, 2020 by chris.r

[Eusebio Rufian-Zilbermann]

54 minutes ago, Matthew Sorrels said:

Technically a CD is digital media

I think that while the contents of the CD are technically digital media, the CD itself is a physical media distribution device and that's what's really forbidden

Some of the intentions of the license sound more or less clear to me - Not being able to re-distribute the assets as assets - they are licensing their users for adding the assets to a game they're making, not for becoming a bundler/reseller of assets. Allowing a "third party contractor" - an indie game developer studio can buy a license and then hire someone to work on actually integrating the assets into the game. The "censorship" terms are typical for content producers to avoid potential liability if someone decides to do something illegal with it.

What sounds unusual to me is their insistence on physical media. From the FAQ at https://assetstore.unity.com/browse/eula-faq

Q: Can I purchase asset from the Asset Store and use it to produce commercial physical products?

A: The standard EULA only permits the distribution of licensed assets as incorporated and embedded components of electronic applications and digital media. While distribution as part of any physical product is not permitted, the distribution of physical advertising materials solely for marketing those electronic applications or digital media is permitted.

I just don't understand what is their concern with physical vs digital distribution. The Unity Store also sells visual assets, maybe they're trying to cover something like the potential use of graphics assets on clothing? Perhaps it is targeted to console games (with cartridge/cd-rom/dvd-rom distribution)?

[Eusebio Rufian-Zilbermann]

As a side note, buying physical products is so much easier than buying "a license".

You go to a store, buy a guitar, and you don't have to sign anything that says "I will not use this guitar to infringe on copyrights, make music for a fraudulent or misleading tv commercial, play songs that could be offensive to some people, harass my neighbors, make music for the troops to encourage them to fight, or play songs that could be considered promotion of hallucinogens"

Edited May 7, 2020 by Eusebio Rufian-Zilbermann

[Matthew Sorrels]

In these types of licenses the physical product restrictions are usually about making toys, robots, household appliances, cars, gadgets, etc.   A lot of sound effect libraries I've bought have terms that say you can use them for games/video/film but the second you stick it in a robot or a toaster they want you to get a costly license for which they have no fixed price schedule.