Licenses woes and doubts

Licenses woes and doubts

Postby Danimal » 11 Jan 2016, 15:00

Can someone shine some ligth on this for me:

After looking at this, im left wondering if its usable at all:
Model:
https://sketchfab.com/models/f87f491c5c ... 2466f2c8c6

Model its based off:
http://2.bp.blogspot.com/-lVmQsUzgO-c/V ... ompare.jpg

If not because the author says its a reimagination/inspired fanart off from a LOL character there is nothing that links to it except being a guy using the armor of that age. Could this be usable?
But then i saw its was from a fanart contest; these are the rules of the contest

5. Grant of Rights in Entry.

Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Entry. However, in consideration for the opportunities provided herein, each Entrant (or, in the event the Entrant is a minor, the Entrant’s respective parent or legal guardian) hereby grants Sponsor, and its agents, affiliates, successors, and assigns, a perpetual, irrevocable, universal, non-exclusive (except for Entrant’s personal use, including Entrant’s use on the Site), fully-paid and royalty-free, sub-licensable and transferable license to use, distribute, and commercially exploit the Entry in any manner and for any purposes in connection to the Contest and the Sponsor’s advertising and marketing endeavors as further explained below. Each Entry is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Entries in any manner and for any purpose, but is under no obligation to do so. Each Entrant hereby represents and warrants that it owns the Entry (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting and or subsequent commercial use of said Entry does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, publishing rights, or any other rights of any person or entity. Sponsor reserves the right, but not the obligation, to use the Entry for any purpose, including, but not limited to, posting, commercial sales, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Entry for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Entrant acknowledges and understands there shall be no further payment, consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for any use of said Entry or the content therein pursuant to this Grant of Rights. Entrant agrees to take, at Sponsor’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor’s rights as set forth above in this paragraph. In the event that the rights in and to the Entry cannot be licensed to the extent required by this paragraph pursuant to the local law in which the Entrant resides, the foregoing licensing of rights shall be modified to the extent necessary to comply with such local law while giving Sponsor the maximum rights possible to use and exploit the Entry. Further, each Entrant and its respective heirs, hereby indemnify, discharge, release, and hold Sponsor, and any applicable co-sponsor together with their respective parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (all of the foregoing, collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection with the Entry. In the event an Entry is deemed a prize winner of this Contest, the Entrant further agrees that it shall not seek to market, distribute, sell, sublicense, or otherwise commercially exploit the Entry in any form or manner without the express prior written permission of the Sponsor.
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Re: Licenses woes and doubts

Postby Andrettin » 11 Jan 2016, 15:10

Looks like a stylized ancient Greek soldier to me. I wouldn't make the link with the LoL champion at all if he hadn't said that. His statement itself could be problematic, specially if this was done for an official Riot Games fanart contest. As for the license, since it's non-exclusive, then I'm not sure if there's an issue.

It is really quite a grey area. I wouldn't use the model just to be safe, I guess.
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Re: Licenses woes and doubts

Postby Akien » 11 Jan 2016, 15:18

I already put my opinion about this on the sister topic: https://github.com/OpenDungeons/OpenDun ... ssues/1076
Like Andrettin, I'm not sure there's an issue but I'd be cautious.

Regarding the quoted text, it seems mostly to describe the rights Riot Games would have to be granted so that they can use the art too, but it does not seem to restrict the usage that the artist can do of their production ("Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Entry.") CC BY seems to grant Riot Games most of what they're asking for, so it seems fine. Only the last part adds another limitation: "In the event an Entry is deemed a prize winner of this Contest, the Entrant further agrees that it shall not seek to market, distribute, sell, sublicense, or otherwise commercially exploit the Entry in any form or manner without the express prior written permission of the Sponsor." This explicitly prevents using CC BY as far as I understand, but it should only apply to "prize winners".
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Re: Licenses woes and doubts

Postby Danimal » 11 Jan 2016, 15:51

It didnt win, so i guess we have green ligth :)
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Re: Licenses woes and doubts

Postby Julius » 11 Jan 2016, 16:03

Definitely also strongly influenced by the movie '300'. See: https://latimesherocomplex.files.wordpr ... -800wi.jpg

This is probably the bigger problem than the LoL link through the contest.

But if it isn't a contest winner and one changes a few things (the shield for example) it could probably be used... light legal gray area of course, but nothing is ever black and white.

However the art-style is really too different from OD I guess :p

OT: is there a way to search on Sketchfab via license?
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Re: Licenses woes and doubts

Postby Danimal » 11 Jan 2016, 18:28

I remind old 60s movies used that style of armoring, plus some searching around depicts them all as almost naked in all classical works they appear. 300 didnt invent that style, so no prob there.
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