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Users who have my game using it to host dedicated server and asking for donation, does it count as 5% for Epic?

I made a forum post and I was curious when I was starting learning Blueprint. Just bought UE4. And since I always wanted to re-create a 2005 video game and I plan to release for free letting people host their own dedicated servers. What if users starts collecting donations, cash shop items, or other revenues using my games? Does that count as 5%?

Please read: https://forums.unrealengine.com/showthread.php?23480-If-you-make-a-game-and-have-it-publish-for-free-and-allow-users-CLICK-HERE-PLEASE!&p=105118#post105118

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asked Jul 26 '14 at 08:32 PM in Legal & Licensing

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The revenue streams you identify are covered by the royalty obligation, yes.

Also, there might be issues recreating someone else's game (if it's without permission), so that would be worth looking into more.

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answered Jul 27 '14 at 03:32 AM

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atypic STAFF
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avatar image Jurif Jul 30 '14 at 01:11 PM

Anything you make using your game made in EU4 directly or indirectly is subject to revenue and paying the 5% of gross. Other users you speak about likely wouldn't have a contract with Epic Games so this complicates things, but I assume anything they would earn would be ownership of Epic Games until a contract saying otherwise would be signed.

As far as I know recreating any game is possible as long as you don't use same names for the title and in the game, for example if you'd make a copy of FIFA soccer game, you'd need to change the title , and also the names of teams and players in the game, most times only 1 different letter in a word is enough. If you'd remake Tetris game you couldn't use names ending with tris , but you could name it Tekris or something like that. I hope this helps.

avatar image atypic STAFF Jul 30 '14 at 02:01 PM

On the revenue question, this is how the EULA addresses it:

You agree to pay Epic a royalty equal to 5% of all worldwide gross revenue actually attributable to each Product, regardless of whether such revenue is received by you or any other person or legal entity

So the licensee is ultimately responsible if other parties don't pay Epic for the revenue.

Epic can't provide legal advice about copyright or trademark infringement of other parties' intellectual property, but I would urge you to seek legal advice from a professional before undertaking to recreate someone else's game. Epic would certainly go after a game called Nureal Tournament, for example.

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