Hi. I’m wonder what happens if I use 3d models that my friend gave me in my commericail game? This models are belonging to evermotion I think . How the copyright holder can find out this ?
If you use a model that your friend gave you, for use in a commercial game both you and your friend are liable for damages. What those damages are is what he will sue you for.
Your friend distributed copyrighted property to you - he committed 1 count of distributing copyrighted work you did not commit an offense being the receiver.
You sell 1,000 copies of game with copyrighted property to consumers - You commit 1,000 counts of distributing copyrighted works.
How the copyright holder found out I dunno but I was an artist and saw my artwork in a game I never got paid for that’s making money I’d sue you for damages.
However you sue your friend for damages for giving you the copyrighted work, but he kept a copy of the email, text where he said hey this thing i’m sending you doesn’t belong to me nor did I create it. Now you can’t recover damages.
You plea, hey I didn’t know. Judge says I don’t care and throws the term due diligence at you. Then Epic gets involved (cuz they got sued too) and says well here’s a document you signed saying that I created this game and everything in it I have the rights to and will not hold epic liable and take full responsibility for any damages. Also Playstation or Steam will show the same document because they distributed the game for you too and have 500 counts each of distributing copyrighted material in their stores without permission that this artist sued for but they won’t bother showing up for court because they’ll settle as a publicity boost in favor of the artist and make you foot the bill.
Truthfully cheaper and less risky to hire an artist as a work for hire to make the asset you need.
thank you for such a complete answer.
yeah honestly it’s better to hire an artist as you mentioned
Yea, I used to work in Movies/TV before making the jump to video games. The laws and limitations translate fluidly. Here’s some unsolicited business advice.
If you use a work for hire with an artist to create models for you, you can specify in that document that you retain ownership of the models to use them as you like (licensing). That document will protect you in the event an artist decided that he wants to sue you for using his art. Even though you both agreed that it would be used in a video game but you just paid him for the model outright and not use him as a continuing team member. He still has ownership of the copyright and can sue you later for unpaid royalties on licensed use of his properties. With a work for hire it will state:
You expressly acknowledge that the material contributed by you hereunder, and your services hereunder, are being specially ordered and commissioned by us for use in connection with [insert title or description of work]. The Work contributed by you hereunder shall be considered a “work made for hire” as defined by the copyright laws of the United States. We shall be the sole and exclusive owner and copyright proprietor of all rights and title in and to the results and proceeds of your services hereunder in whatever stage of completion. If for any reason the results and proceeds of your services hereunder are determined at any time not to be a “work made for hire”, you hereby irrevocably transfer and assign to us all right, title and interest therein, including all copyrights, as well as all renewals and extensions thereto.
Now a solicitation, I do offer consulting services for serious studios who aim to ship titles.
Got any more questions don’t hesitate.