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Question by iN-Liquid · Jun 26, 2016 at 06:01 AM · assetsappstorelegalcopyrightlaw

Unity Assets / Copyright Infringement

Okay, so lets say there is an asset on the asset store that is basically a complete game.

I as the end user according to the licensing agreement have the right to publish it on the Google Play Store/Apple Store, right?

But what if someone else took that same asset and already published it as a game on the Google Play/App Store. Would me also publishing the same game be Copyright Infringement or anything similar since they have already published the game?

Thanks for the help!

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avatar image iyenal222 · Jun 26, 2016 at 07:30 AM 0
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Good question... It needs some reflexion... Normally if you buy a game project on the asset store it's for customizing it.

avatar image iN-Liquid iyenal222 · Jun 26, 2016 at 07:34 AM 0
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But if we used the same project from the asset store, is there a possibility that one could be sued since it is almost the same game? Or is there an understanding when you download the project that since it is on the asset store everyone could use it and publish the same game without the possibility of a lawsuit. Is there a download agreement of some sort that states that?

avatar image iyenal222 iN-Liquid · Jun 26, 2016 at 07:42 AM 0
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In first, if you try to publish a game that is a same as an other game in the Google Play store, Google don't allow you to publish it. But normally the rights you have of the game is divised between his owners, so the owner can't attack an another owner. So you have customize the game project for publishing it.

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Answer by tanoshimi · Jun 26, 2016 at 08:33 AM

No, you cannot be sued by another publisher who used those same assets for copyright infringement, because neither of you own the copyright to those assets. The copyright is held by the person who originally created those assets and placed them on the asset store.

When you paid to download those assets, you purchased a "non-exclusive, worldwide, and perpetual license to use the Asset" (see the Asset Store EULA, section 2.2). The keyword here is non-exclusive. So anyone else who purchases the asset also gets a right to use them, and you can't stop them.

Note that, legal reasons aside, there's plenty of very good reasons not to just download a template off the asset store and publish it on Google Play. By definition, your game will be unoriginal and generic, it's very likely it will get recognised as an asset pack and reviewed accordingly. You can upload it, but I'd really rather strongly suggest you use assets as a basis for learning from, or customise them to your own game requirements first.

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