We are a company doing architectural visualizations. We are planning to create an interactive Walkthrough for an Investor of a real estate project. This walkthrough will be sold once as a service for e.g. 5000.-$ to the client (investor). The Investor will use this walkthrough to promote his architectural project at fairs and on his website.
Do we or the client (investor) have to pay royalty fees or not?
First of all IANAL.
Read section 4 “Royalties” here for more information.
EDIT
Section 4.2 Seems to imply you’ll be in the clear. To me, it still seems a little ambiguous as to who can create the executable though. Other posts seem to indicate that architecture visualizations are royalty free.
But then, I think statement 4.2 seems to exclude the said work (?):
Consulting fees or work-for-hire fees which are non-recoupable for services performed using the Licensed Technology (e.g., an architect-created walkthrough simulation or a contractor-developed in-house training simulator);
You might be right. My assumption was that if they sell an exe that they would have to pay royalties.I suppose if the client is the one “using” the engine and pays for contract work to create the walkthrough that would apply? Again IANAL.
Probably the answer is no royalties are owed. You wouldn’t owe royalties on your revenue for the work-for-hire sale to the investor. And they can show the work all they want without royalties being owed. The only question is whether the Investor then sells the walkthrough to the general public. I really doubt that would be the case, but if so there would be royalties.
Many thanks for your prompt answers, I think they resolved my question.