Hi there,
Using models from the 3D warehouse for commercial purposes... legal?
I'm not trying to sell the actual models, they are just part of a larger site that is commercial. I'm thinking of having the models hyperlink to a page where you can buy a similar real-life item.
The most intelligent sounding post relating to this that I've found on the net so far:
*The license that content creators must grant under the TOS is straightforward. Both Google and end users have a non-exclusive, perpetual, worldwide license to use any content uploaded under the terms of the TOS. If you upload content, in other words, you are granting a perpetual, royalty-free, worldwide non-exclusive license to both Google and those who use the Google 3D warehouse. While the content creator can make the content available under a different license, said license can't interfere with the license granted under the TOS unless the content creator removes their content from the 3D warehouse subject to the termination requirements. Even so, any use of the content by google or end users PRIOR to termination will remain protected under the license.
If you are an end user (which you would be in this case) you can use that content in any manner described in the ToS, including:
to reproduce the Content;
to create and reproduce derivative works of the Content;
to display publicly and distribute copies of the Content;
to display publicly and distribute copies of derivative works of the content.
There is no limitation on commercial use. The enumerated rights are those provided in Sec. 102 and 103 of the Copyright Act, and the act anticipates commercial use.
Because EACH content creator grants this license for any works uploaded to 3D warehouse, this applies to every piece of content uploaded by content creators. Because the license to the end user is substantially similar to Google's license in the content uploaded, the "one model" argument makes little sense-- the license applies to all Content (all information, data, text, photographs, graphics, messages or other materials posted or displayed on Google Warehouse) generated by content creators.
However-- bear in mind that you're relying on the integrity of the person who uploaded the content. If THEY infringed on someone's copyright in creating the work and you later use that work, you may also be brought into an infringement action. Google is protected under the DMCA safe harbor for service providers that create access to user generated content. You are not. As is always the case, it's usually smarter to come up with your own content to avoid most IP problems.
~Mona Ibrahim, Esq.
J.D., LL.M.
Trademark & Entertainment Attorney*
(original link: http://www.gamedev.net/topic/537007-google-3d-warehouse-for-commercial-game/)
Does the post above ring true, or do you understand the legal issues differently?
Looking in the 3D warehouse, many users don't even post profile information so it would be difficult to even give them attribution for their work. In the last paragraph above she says "come up with your own content to avoid intellectual property problems" ... do commercial sites really go to this trouble? If the site got really popular what are the chances that the use of others' models would cause an issue?
Please respond only if you are knowledgeable in intellectual property rights (similar to the quote I posted)... it's easy to assume but that may not be fact. If it matters from a legal standpoint I'm from western Canada.
The reason I want to get this clarified is that I'm about to spend a lot of time basing a commercial site around the use of SketchUp models that exist already and wouldn't want it to get shut down later.
Thank you
Thank you for the feedback, some useful points for sure.