posted this on November 13, 2013, 09:09
The information is provided here for convenience to TurboSquid’s customers. If you have any questions, please ask Support or refer to the Royalty Free License document itself, which is the actual and definitive agreement on these matters.
How can I use Stock Media Products marked “Only Editorial Uses Allowed” and/or Stock Media Products depicting another party’s design, product, or logo?
Some TurboSquid Stock Media Products are labeled with an “Only Editorial Uses Allowed” notice on their product page. This is one way to alert you that the Stock Media Product has a depiction of another party’s intellectual property (“IP”), such as another company’s product. For example, a 3D model of a vehicle may include a real-world manufacturer’s logo, trademark, or other protected IP such as ornamental designs in the geometry.
Even if the Stock Media Product is not labeled with the “Only Editorial Uses Allowed” notice, you must still keep in mind whether it features any rendition of another party’s IP . You can generally find this information by reviewing the product page and/or researching any brand mentioned on that product page.
If the Stock Media Product has another party’s IP, it may only be used with that IP for Editorial Uses (for example in Creations such as an online or televised news story relating the other party’s IP). To use another party’s IP for other uses, you must establish whether you need to clear rights with the party outside of TurboSquid for the given use. The party may deny the use or ask for royalties. You are solely responsible for determining the need for and, if appropriate, obtaining any needed clearance, consent, or release to use another party’s IP.
May I use imagery of Stock Media Products in my project?
You may use independently rendered imagery of Stock Media Products in almost all forms of media, including (among other uses) film, television, online projects (e.g., social media, video, website layouts, illustration for an article or concept), printed publications, public display (e.g., billboard advertising), and mobile apps. There is an exhaustive list in the Royalty Free License, and if you have a new use that is not listed there, please contact Support and ask whether the new use is allowed.
May I use preview images from a TurboSquid product webpage in my project?
If you purchase a Stock Media Product, you are free to use preview images featured on the product webpage as long as those images are entirely reproducible from the purchased Stock Media Product.
May I include the actual Stock Media Product of a 3D Model in software or a game?
Stock Media Products of 3D Models published under the Royalty Free License may be used in software and games if the software or game satisfies these additional conditions:
1. The 3D model is reasonably required to produce an interactive experience for the user.
2. The 3D model is contained in proprietary format that cannot be opened in a publicly available software application and from which the TurboSquid Stock Media Product cannot be extracted or decompiled without reverse engineering.
3. The software or game has no functionality for end users to import any open 3D file format or export any 3D model.
May I use Stock Media Product of a 3D Model to create game mods?
3D Models may be used in game mods that satisfy the conditions for general use within games.
May I add Stock Media Products to an MMO to sell to players?
An MMO (Massive Multiplayer Online) is a form of a game where access to play is typically sold as a monthly subscription to its players, there are typically game items that are made available to users during gameplay, and these items may be added by the game developers over time even if they weren’t available as part of the original game. Subject to the normal restrictions for games, this form of game is allowed under the Royalty Free License.
As an example, Stock Media Products may be incorporated by the game developer in an MMO, and these items may be sold as playable items in the game for virtual or actual currency, and they may be sold to players, or between players (such as in an exchange). Said another way, you may add a playable weapon built from a Stock Media Product and sell it to a player of the MMO as an alternative to achieving the weapon in gameplay, and players can transfer weapons to other players.
You may also use supplemental apps (e.g., mobile or desktop apps) to allow players to buy, transfer, and trade such items in the game. Moving or editing the rights (also known as “entitlements”) within the game is perfectly fine. The restrictions for TurboSquid in this regard are around the 3D Models and securing the actual TurboSquid Products so that your MMO or game will not be a conduit for stealing TurboSquid Stock Media Products.
May I use TurboSquid products in virtual worlds?
Generally, no. While we greatly respect Second Life and related communities, TurboSquid’s artist community does not believe the IP protections for their work are sufficient in these worlds.
The specific exclusion in the Royalty Free License is based on the virtual world being open for importing/exporting and the potential for use as a conduit for piracy for TurboSquid models. If a virtual world is more like World of Warcraft or a closed MMO, then that should be allowed. Please check the Royalty Free License for the specific language.
May I print a 3D Model to create a physical object for personal use?
You may make up to five physical units of a TurboSquid 3D model (by 3D printing or other means) for personal use, gifts, or donations.
May I print TurboSquid 3D models to sell commercially?
You cannot use physical objects of Stock Media Products commercially or make more than five (5) units of 3D printed Creations, UNLESS you transform the Stock Media Product or include it as a small part of a much larger array of other physical objects in the distributed 3D printed Creation. Transforming means using only a small part of the structure of the Stock Media Product in a much broader Creation, or substantially modifying the TurboSquid 3D model so that it becomes a distinct Creation.
For example, it is permitted to add a 3D printed skull that exactly resembles the Stock Media Product, to a broader sculpture of a skeleton (and to sell the skeleton), but it is not permitted to sell the 3D printed skull by itself.
May I use Stock Media Products in my business logo?
No. Stock Media Products may not be used in any business logo. People who create business logos typically want to trademark or protect their logo, and since a Stock Media Product may be sold repeatedly to other customers, using it for business logos could lead to conflicts because of similar logos or other Creations made from the same Stock Media Products. Using a Stock Media Product as part of an animation or image featuring your business logo is fine, as long as it is not part of the actual business logo itself.
May I use Stock Media Products in an educational setting or for 3D courses?
You may use Stock Media Products in an instructional video or walkthrough tutorial for your students, but you may not distribute any altered or unaltered part of a Stock Media Product to students that have not purchased (or, in the case of free Stock Media Products, downloaded) the Stock Media Product. Alternatively, you may instruct students to sign up on TurboSquid to download free items for coursework.
Am I allowed to share Stock Media Products with other employees at my company to work on our own Creations?
Yes, if you purchase on behalf of your employer then one Purchased license covers the whole company. More specifically, you are allowed to share the files with other employees of the corporate entity, its parent company and majority owned affiliates. You can do this by sending them directly to another employee, by storing them in a networked file system or database, or in other similar and industry standard ways. The files must be reasonably secured from piracy -- for example, they cannot be made available in a way that unauthorized parties can access them on an unprotected webserver or file sharing service.
If I work with an outside production company on my company’s Creations, am I allowed to share Stock Media Products with them?
Yes. You can share Stock Media Products with outside companies to work on your Creations. The outside company must reasonably secure the shared files and may not use them on their own Creations -- anybody who receives a Stock Media Product has to Purchase it themselves to use it on Creations that aren’t owned by you.
If I am a freelancer, or outside production company, am I allowed to share Stock Media Products with my client?
Yes. But each entity that is making a Creation from a Stock Media Product must Purchase its own license. Here are the basic rules:
1) You are making the Creations and don’t share Stock Media Products -- you may reuse them as much as you like, as long as you are only sharing Creations. For example, if you have two clients that want an animated TV commercial and you use the same 3D models of plants, that’s fine if you are just giving your clients the rendered images. You can Purchase your own library of 3D models to re-use in cases like this.
2) You buy a Stock Media Product and your client asks for the actual files -- this is allowed, and it is an easy case. You and your client can re-use the Stock Media Product as long as you are working on your client’s Creations. Things get more complicated when you want to use the Stock Media Projects with multiple clients…
3) You buy a Stock Media Product and need to share it with more than one client -- this is allowed, but each client that is making a Creation must purchase a license (or you must Purchase it for them).
4) You work with clients, but also make your own Creations -- in this case, it is like you are an additional client for your own Creations. That means you need a separate license for each client that receives the Stock Media Product, and for yourself as well. For example, if you are hired by a game company to help make their game, and buy a 3D model from TurboSquid, and you give the 3D model to your client, it is now your client’s to use in their games, sequels, and so on -- whether they continue to work with you or not. If you want to make your own game, you may not use 3D models you Purchased for that client unless you Purchase them yourself.
Can I sell any images made from Stock Media Products as stock photography online?
No. You may NOT use any Stock Media Product in any stock photography or video, clip art, After Effects template, or design template (“stock media”) for distribution or licensing through any online stock media clearinghouse. We feel that the business of selling rendered stock imagery of Stock Media Products is too close to TurboSquid’s business, which is the business of licensing the Stock Media Products. This does not in any way limit your ability to use Stock Media Products to provide imagery to clients.
Do I have the right to modify Stock Media Products?
Yes. You may modify them to make your Creations. Please keep in mind that no matter how much you modify a Stock Media Product, it still may only be distributed as a Creation and is subject to the rules of the Royalty Free License.
How may I use Stock Media Products published under a custom license?
A small amount of TurboSquid products are labeled with a Custom License on the product page. This is usually for software applications and plugins, but more rarely applies to other Stock Media Products. The license is between you and the owner of the Stock Media Product, and you must review and comply with the terms of the custom license.
Can I get a refund for Stock Media Products I purchased?
Yes. We want all Customers to feel safe when they purchase from TurboSquid, and at your request within 7 days of purchasing, TurboSquid will refund any purchase of a technically deficient or misadvertised product. To complete the refund, and for the comfort of the artist who created the product, you are asked to complete an online form agreeing to destroy the Stock Media Product files and acknowledge that you no longer have rights in the Stock Media Product you purchased.