Copyright for creators

1. Overview

Real-time 3D projects usually contain lots of different assets created by lots of different people — not only the creator of the experience itself! These assets can include models of objects and characters, audio clips, textures and materials, and scripts.

Each of the items you use is the intellectual property of its original creator , even if you change it in your project. Intellectual property has value, and its owners have legal rights. It’s important for you to understand the value and rights attached to that property — both for the work of others, and your own creations.

Important: The information provided in this tutorial does not, and is not intended to, constitute legal advice. This tutorial is for general information purposes only. Consult an attorney for guidance on any particular legal matter.

2. What is intellectual property?

Intellectual property (IP) is intangible property that is generated from the human intellect. It is protected by law from unauthorized use by others. Just as your personal belongings are tangible property that belongs to you, your original digital creations and other expressions of ideas are your intellectual property, for which you have similar rights of ownership. IP includes copyright, trademarks, patents, and trade secrets.

In order for one party (an individual or company) to use intellectual property that belongs to another party, they must have permission and observe conditions that are set by the IP owner. A violation of these rules is known as infringement on the IP owner’s rights.

“Intellectual property law” by Nick Youngson is licensed under CC BY-SA 3.0. It is attributed to Alpha Stock Images.

3. What is copyright?

Copyright is a bundle of rights, including the right to copy. You own the copyright to just about anything you put down on paper, in computer memory, or in a physical creation that expresses your creativity. Even programming code, including the overall design and architecture of an application, is copyrightable.

When you create a protectable work, copyright gives you an exclusive bundle of rights concerning that work, including the right to copy, to distribute, to perform publicly, to display publicly, and to creative derivative works. You have the right to stop other people from copying your work without permission. That includes reusing it in their own works, publishing it on the internet, and distributing it to others, whether it is modified or used in its original form.

Generally speaking, your copyright applies to your expression of an idea rather than the idea itself. This is known as the idea-expression distinction. This means that common conventions of a particular genre or medium can be used by lots of different creators, but specific depictions are protected by copyright.

For example, many science fiction books and movies have characters from other planets. This is a convention of the genre. If you use extraterrestrial characters in a story that you’re writing, you are not infringing on anyone’s copyright. However, if your characters come from the planet Vulcan and have pointy ears, then you have created something possibly similar to copyrighted works, and therefore you could potentially be infringing on the copyrights to Star Trek.

Image by Pawel86 from Pixabay

How will you know if a work is copyrighted?

Assume that every work is copyrighted. The copyright symbol (©) indicates that an owner is making their copyright known, but it is not necessary to display the symbol to claim copyright. There are some benefits of displaying the symbol, but a copyright owner often displays the symbol to make it clear that the work is protected, and that the owner will assert their rights.

You can use the copyright symbol on your own works. It can be accompanied by the year of publication, and your name or the name of your company.

Who owns copyright?

When you create a digital work, then you own it and its copyright, just like you would own anything else you make in the physical world. However:

• If you create the work in collaboration with someone else, then you both share the copyright.

• In some jurisdictions (geographic areas that are subject to their own sets of laws) including the US, if you were employed to create the work, then the employer typically owns the intellectual property, unless you make another legal arrangement.

How long does copyright last?

When you create something, copyright attaches to it automatically at the time of creation — you don’t need to do anything to obtain copyright to your own works. Copyright protection typically lasts for the lifetime of the author plus 50 to 70 years, depending on the laws of the country where it is created.

Copyright does expire, and it can also be waived by the owner(s). Such works are said to be in the public domain, which means that the public owns the IP. These works are available for anyone to copy and adapt into other works.

Many classic books are in the public domain, such as Frankenstein by Mary Shelley, and Little Women by Louisa May Alcott. There are many movies, books, and other works based on these books because creators can reuse and modify them without payment or penalty.

Are there exceptions to copyright?

The doctrine of "fair use" in the United States is well known as an exception to rights of copyright. Fair use allows free use of copyright-protected works for purposes such as news reporting, criticism, education, parody, and satire. However, this is a complex area of law. It is a US standard that is not accepted in most other countries, and there is no clear rule for determining fair use — cases are often determined in court if the copyright holder takes objection to the use.

You can’t assume that a short quote or clip from another work, no matter how short, would be considered fair use. If you are unsure whether your use of a work is fair use, it’s better to consult with a qualified legal professional or avoid using the work altogether.

Important: The information provided in this tutorial does not, and is not intended to, constitute legal advice. This tutorial is for general information purposes only. Consult an attorney for guidance on any particular legal matter.

4. What is a license?

Before you use someone else’s work in your project, it’s important to make sure you have permission to reuse it, and that you are reusing it as the original creator intended.

A license to reuse copyright-protected work is permission to use it. When you license use of the work from the owner, the owner retains ownership but grants you permission to use it. A license agreement, including an end-user license agreement or EULA, sets forth the permissions you have to use a work, and the conditions you must meet in exchange.

The permissions of the agreement may allow you to do any of the following:

• Remix, edit, adapt, and build upon the original work if desired

• Remix, edit, adapt, and build upon the original work in certain ways or under certain conditions (for example, the Unity Asset Store requires you to reuse assets in projects)

• Copy and distribute the work unchanged

The conditions of the license agreement are the terms you agree to in exchange for permission, which may include none, one, or more of the following:

• Pay a running royalty (a fee to the owner) for each copy distributed

• Pay a one-time fee

• Give attribution (credit) to the creator, often with specific words or in a certain format that might include a hyperlink

• Use the work for non-commercial purposes only

• License your works under the same terms as the licensor

If all uses are permitted and there are no conditions, then the work is in the public domain.

It’s interesting to note that, for example, just because a license may be "royalty-free" does not mean that it's free from copyright and licensing restrictions. Often this only means that you do not have to pay recurring fees for the use of the work. The license could still require some other compensation, such as a lump-sum payment, and other conditions that may be restrictive.

An excellent resource to learn about licenses is Creative Commons, a non-profit organization that provides standardized license agreements for creators to use, primarily to license written and artistic works (they are not recommended for software). Creative Commons license agreements use common combinations of the permissions and conditions above.

5. What are the consequences of breaking a license agreement?

It is very easy — sometimes even tempting — to break a license agreement or use assets from the internet without regard for the copyright of the original creators. But even though it’s easy, that doesn’t make it right. Just like copying a bootlegged movie or software, using an image file, 3D asset, or script without complying to its license agreement is stealing. Regardless of the purpose of your project or your role in it, you need to read, understand, and follow the terms of license agreements for the works you reuse.

If you are a student or aspiring professional, complying with license agreements demonstrates your digital citizenship to future employers, and protects you when you publish your portfolio and launch your career.

If you are a freelancer, indie developer, company employee, company owner, or other creator who makes money by creating, then complying with license agreements protects you and your business.

Overall, put yourself in the place of the creators who put their time and passion into their work — how would you feel if someone took advantage of your talent without complying with the conditions of your license? Respecting everyone’s IP is a community effort — and your respect for others will be repaid as others respect you.

Important: The information provided in this tutorial does not, and is not intended to, constitute legal advice. This tutorial is for general information purposes only. Consult an attorney for guidance on any particular legal matter.

6. Reuse assets responsibly

It’s easy to reuse assets responsibly as long as you’re aware of the rights of other creators. Here are some sources of assets with licenses you can easily comply with.

Unity Asset Store

The Unity Asset Store makes it easy to reuse assets from other creators in your own projects because it handles most of the licensing concerns. You are permitted to use most of these assets in your projects (even projects built in a different engine!), even for commercial use. However, you are not allowed to resell or redistribute these assets separately from your project.

The Asset Store is a marketplace where creators can license their works to other creators. Most assets in the Unity Asset Store are subject to the Standard Unity Asset Store EULA, with two exceptions. First, Restricted Assets have more restrictive licensing terms that are provided in a separate agreement. If an asset is restricted, it will be labeled as a Restricted Asset on its product page. Second, there are a limited number of assets and tools distributed under custom agreements. These will be labeled on the product page as well.

Unity Asset Store assets also have a license type, which indicates whether the asset must be purchased and managed per seat or per entity. Per seat means that the license and any fees apply to each person who uses the asset. Potentially, a per seat license with a fee can become very expensive for a company if many people must use the asset. An entity license applies to the entire company, and the fee is only paid once regardless of the number of individuals who use the asset. An entity’s independent contractors may use assets, but only to the extent required for projects under the control and direction of the entity that bought the license. Larger companies may choose a multi-entity license, which will also cover your affiliates and subsidiaries.

If you are a freelancer or an employee of a company, these terms can be important. For example, if you purchase an asset on behalf of your company and it has a per seat license, your company will have to pay the fee for every creator in the company that works on the project.

The license agreement and license type of each asset are listed on its page in the Unity Asset Store.

If you have questions about licensing assets from the Unity Asset Store, read the Asset Store Terms of Service and EULA and the Asset Store Terms of Service and EULA FAQ for more details, or consult a legal professional.

Around the internet

Other managed providers of 2D images and 3D assets will have their own licensing terms, similar to the Unity Asset Store. If another provider doesn’t make the licensing terms available, be careful and perhaps avoid them. It is important to understand who the licensor is in any context. For example, the Unity Asset Store is a marketplace for providers of their assets; while Unity may supply the default license, the providers are the licensors of the assets and Unity does not manage, track, or enforce these licenses to help creators to protect their works.

On regular websites that are not intended to provide assets to creators, look for claims of copyright or references to license agreements either near the asset or in the footer of the site. Remember that news and information websites that pay professional artists and photographers are not likely to allow any reuse of their assets. If you don’t see a mention of copyright or licensing, do not assume that the asset is in the public domain — either contact the owner or publisher, or find a different asset.

Important: The information provided in this tutorial does not, and is not intended to, constitute legal advice. This tutorial is for general information purposes only. Consult an attorney for guidance on any particular legal matter.

Free asset sources

Here are some websites where you can find free assets and easily access and comply with license agreements:

• Pexels provides free 2D images and videos. All assets on this site have the same license agreement: they are free to use, and payment and attribution are optional.

• The Creative Commons search engine lets you filter searches according to Creative Common licenses and sources. This site indexes image, audio, and video files.

• Open Game Art provides 2D and 3D art, textures, music, and sound effects. All assets are free; however, there are multiple different license types, so be sure to check whether you need to credit the creator per asset.

7. Give credit for the work of others

Whether it is required by a license agreement or optional, giving credit is always a good idea. Credit is typically noted in an attribution, which is a short blurb of text listing the title, creator’s name, source, and other information about the work.

In some cases the exact text of the attribution is provided for you to copy into your work. In other cases, it is not so clear. A helpful resource for composing an appropriate attribution is on the Creative Commons wiki page, Best practices for attribution.

In a real-time 3D project, attributions are typically listed in a page linked from the main menu of an application or game, or in the closing credits of a film or digital story. Here is a forum post containing several suggestions for ways to add credits to a project.

Keep an assets list

Real-time 3D projects can get big and complex. As soon as you bring the first asset into your project from a creator other than yourself, it’s a good time to start an asset list. This can be a simple log somewhere on your computer with the following information:

• Name of the asset

• URL where the asset is hosted

• The creator of the asset

• The license of the asset

• Attribution you will add to your project (if any)

Having this information saved and easily accessible can save a lot of future headaches and ensure artists are credited correctly.

Help others in reviews and social media

In the Unity Asset Store and many other sites, you can leave a review for assets you use. Although posting about another creator’s work is not a substitute for an attribution, leaving a review is an excellent way to help your fellow creators.

Also, giving a shout out on social media helps the artist gain a following. The Pexels website makes social media posts easy.

8. Protect your own IP

As a creator yourself, you own your copyrights! If you’re ready to share your work with the world, whether you are sharing it for free or selling it, it’s important that you know and understand your intellectual property rights and use a license agreement that expresses your wishes.

Issues to consider may include:

• Is your work intended for others to reuse in their own works, or only to use as-is? If you do not want others to change your work, then you’ll want to specify that no derivative works are allowed.

• Are you building your own reputation or brand, and is getting credit for the work important to you? If so, you will want to require attribution and perhaps even require a link back to your website or online store.

• Is it important to you that no one makes money from your work? If so, you can stipulate that it must be used for non-commercial purposes only.

For example, the Unity Asset Store’s standard EULA allows, subject to certain conditions, derivative works and commercial use. This license agreement is ideal for creators who provide resources for other creators. If you are planning to license your works elsewhere, you can examine the Creative Commons license agreements and use the one that suits your needs.

Important: The information provided in this tutorial does not, and is not intended to, constitute legal advice. This tutorial is for general information purposes only. Consult an attorney for guidance on any particular legal matter.

9. Next steps

As you expand your abilities here on Unity Learn, you’ll create projects that are more complex, and so require assets from a variety of sources. Now you know the importance of preserving and respecting the intellectual property rights of those whose works you use, and how to protect your own rights when you share your work.