Using 3rd Party Models

Using Donated Content and Content from other sources

It’s common for addon makers in this community to share content between friends and other mod teams. It’s also common to use content from 3rd party sources. My best advice here is: BE VERY CAREFUL.

This is a huge black hole of potential problems. You publish something that includes unauthorised content you are still liable for it. The defence “but he said it was his” does not fly. It’s the equivalent of buying a stolen car. You get caught driving it, you lose it and could face charges for handling stolen goods. Sounds ridiculous? I’m afraid people have been sued for publishing content without permission.

If you are using content from any source other than your own creations you need a clear statement from them – preferably an email (time stamps and IP addresses, servers etc all count as evidence) stating what you can and cannot do with the content. Here's my suggested check list:

1. Are you the sole author of this?
2. If not who is and do you have authorisation to grant me rights over this?
3. Are any parts of this from any other source eg Author or game?
4. If so, where does the addon/model/texture/script come from?
5. If you are modifying an existing addon. What license was it originally released under? (Becomes relevant due to Share-Alike (eg APL-SA) EULAs)
6. Do I have permission to assign 3rd parties rights over this? i.e.: specify my own licence terms?
7. Do I have permission to upload this to Steam.
8. Do you want the modified source back?  (Hey, its just good manners to offer)

BI DATA PACKAGES
Bohemia Interactive released nearly all of the Arma 1 and 2 3D content as part of thier Licenced Data Packages. There are some things you need to understand when using this content to make you own models from.

• These models are ONLY for use in the ArmA and DayZ games.
• Anything you make using content from these packs MUST be released under the same licence as BI used for the original. eg APL-SA
• You may NOT apply additional conditions to a license or re-license the content without permission from BI Studios.
• If you use content from APL-SA packages dont be surprosed if you are asked for the source of anything you make.  You have to comply with the terms of the Share Alike license.

Links:

1. https://www.bohemia.net/community/licenses
2. https://www.bohemia.net/community/licenses/licensed-data-packages
3. https://community.bistudio.com/wiki/Public_Data

USING CONTENT FROM INTERNET SOURCES e.g. Free 3d Model sites
If you are going to buy models always buy from a verified and credible site. Good models cost real money. They don’t tend to be cheap. And cheap models aren’t always legal. In my experience 10 mins reverse image searches and checking pics of the big games tend to prove that most are indeed stolen.  If it seems too good to be true it probably is. There is a market for stolen models out there and some unscrupulous people making money off the backs of others. You could be throwing your money away.

INTERESTING POINT: The DMCA legislation and Article 14 of the EU Digital Commerce act both have clauses absolving platforms containing User submitted content of liability.  Putting the responsibility for any infringement solely on the Uploader.

The DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. Source: First paragraph

So if you do buy a model make sure you have the rights to do what you want. You aren’t buying the model only a right to use it in a specific way defined by the Licence. Some licenses allow the image of the models to be republished but not the source models themselves. Typically, there are other conditions including the use or trademarks etc. BE VERY CAREFUL

Turbo Squid now has a very good Licence guide for all of their models.

• https://blog.turbosquid.com/royalty-free-license/ Its worth a read to understand ownership, rights and IP. A few examples are: 
• https://www.turbosquid.com/3d-models/f-150-raptor-2017-obj/903917 - Non Commercial Case by Case licence 
• https://www.turbosquid.com/3d-models/2018-honda-civic-type-r-3d-1197659 - Editorial use only Licence 
• https://www.turbosquid.com/3d-models/3ds-max-container-ship/705335 - Royalty Free Licence. 

DOWNLOADING AND USING A ‘FREE’ MODEL.

Hey we all like free stuff. But on the internet Free doesn’t always mean legal. A lot of free models are ripped from Games and other sources. Using one may land you in hot water. At the very least it may get you the sort of reputation in the community that you don’t really want if you want to be taken seriously. 

If you use a model that turns out to be ripped from another game or content, regardless of whether you knew where it came from or not. You are still liable for publishing it on the internet.  

Do your homework and check the origin before you do anything. It may save you time and a lot of pain in the long run.