Brief license agreement

[Qitsune]

I'm preparing to start selling (or trying to) packages of pre-made art I've worked hard to make my license as short and sweet as possible and to make it well worth the money I'm asking for it so that people are not tempted to screw around. I'm not targeting the end user, I'm targeting indie and hobby developers so I'm hoping they will pay more attention to the license than your average user.
So here is the license, I'd like to hear what you think about it, if the wording is confusing or if you think I forgot something major. I'm not looking for hardcore legal advice as I can't afford a lawyer to write something that would make sense internationally and the end result would be too long for what I'm looking for anyways.

License for Qitsune Art kits

When you buy one art kit, you get these non-exclusive rights:
-Unlimited use of the assets in a games or software application for: prototyping, as placeholder, as final art in hobby games/freeware and portfolio pieces.
-1 registration valid for use in 1 commercial game or software application and for direct promotion of your project on 1 platform (multiplatform languages like Java still count like 1 platform.) You will need to buy and register a different licence for each version/platform (but not for bug fixing patches.)
-Complete instructions on how to best use the assets, (but you don't have to follow them.)

Other conditions:
-Your game or software can't be published with GNU GPL or other open licenses that forces you to release your sources or to lose control of your code. If you can't keep control on your project, I can't keep control on my art.

-The assets can be modified for format (if you want sprite sheet format instead of numbered images or animated gifs, etc) but not for cosmetic reasons (color depth, paint over, any visual modification) unless otherwise specified.

-The assets can be mixed and matched to other assets from any source.

-If credits are given for the game or software, proper credit must be given for the art kit assets.

-I you want to create merchandise using the assets, contact me to negociate a separate license.

Definition of commercial game or software: any game bringing revenue by ways including but not limited to: sponsoring, retail, membership/suscription, donationware, shareware, or addriven site.

Definition of placeholder or portfolio art:Assets can be used to attract team members, for public testing, focus groups, to show publishers, to get work but the art must be completely removed from commercial version.

Thank you!

[papillon]

Why only one game?

Why only one platform?

Why no modification?

I'm not saying these are deal-breakers, just that these are things that I might not expect when shopping. I don't think I've ever bought pre-made art, so I don't know what's standard.

One game makes sense but I'd be confused and worried about the version/platform thing. When assembling resources into a game I'd prefer to be able to make it a GAME and know that everything in there is properly licensed and that the game is now my product and releasing it is at my discretion. If I have to go back and ask permission from 25 different people, that's problematic. Can you perhaps offer a slightly higher price to allow people to upfront buy a 'whatever you want to do with it' license?

Also, I'm not totally sure what you mean by new version. You say bugfixes don't count - does that mean that patches that are improvements but not bugfixes do count?

As for no visual modification - isn't recoloring a fairly standard way of expanding the use of a visual resource, especially in sprites? Is the purchaser completely barred from lowering the color depth to improve performance? That seems slightly odd.

[Qitsune]

Thank you Papillon, you reaction was quite useful. I'll try to explain the reasoning behind some of these terms, maybe we can get to terms that make sense to developers and me. My terms are partially based on my experience as a freelancer and on terms suggested by the Graphic designer Guild Handbook which states each use of art should be negociated separately. I find that overkill so I bunched up many uses together to make the art kits attractive.

Why only one game? The odds that someone gets filthy rich with a game using the assets I've done are slim but if the game is succesful enough to warrant a sequel, I doubt paying the license again would be a problem to the developer.

Why only one platform? Pretty much the same reason as above, if you make a PC version and it has enough success to be ported, what is 9.95$ or 24.95$ to you? I want my kits to go from 24.95 and down depending of the amount of assets, my target demographics is way smaller than the market for casual games. Maybe I should give more rights but up the price. Not sure, because the way it is now, you only pay more if you have success with the first product, in which case paying is not a problem.

Why no modification? What if the art ends up ugly and it's credited to me? What if someone puts huge wangs on my sprites and use them in porn games? I don't have any restriction on the kind of game my art can be used in simply because it's not really suitable for porn so I don't worry, and if someone decided to buy porn separately and mix it with my assets, I can live with that. Also, I intend to provide many variants of assets so that each kit is more or less complete by itself and wouldn't warrant recolouring. I also want to include different color depth/formats in the original package to avoid customers tampering with the assets and possibly screwing up, I did consider allowing colour depth modifications, I'll think about it.

I'm also a bit confused about the version platform thing. I want to cover sequels and ports but I'm not sure how to word it so it makes sense. Basically, if you modifiy it enough that someone who bought a version might buy it again, for me it's a new version because you can get the revenu twice.

[papillon]

My only worry with paying more for ports is remembering to do it. :) I'd be worried about releasing a new version and then much later realising I was supposed to have paid extra for that. That's why I was saying you could make an option to pay more up-front so that scatterbrained people who want to be sure they're covered can buy a more expensive license to begin with and not have to worry about it, but others can buy a cheap license that covers only their needs.

Sure, if you provide different versions of the assets to begin with and encourage them to ask you for an affordable customisation service if they need something else done to it, that should cover the alteration question.

[lennard]

I'm going to agree with the butterfly - when I buy stuff (and I'm a cheap SOB so take all of this for what it's worth) I want to own it to do as I see fit. A restriction about not reselling as part of another art pack is fine and non-exclusive is fine as well but the rest would likely cause me to not buy.

[ChrisP]

I too would be uneasy about the level of restrictions you've specified here. It's not the money that's the issue; it's the knowledge that I own the game and everything in it, and I'm not liable to be sued if I take my own game and sell it / make derivatives of it. I always read the licence for everything I use very carefully before using it, and if it's even slightly uncertain I will generally pass on the product. As it stands, I wouldn't buy one of your art packs under those terms without serious persuasion.

By the way, I think you should consider generalising your terminology: Instead of "game or software", try "product" or "project". That way your art is also available for non-game, non-software products. For example, a student media project.

Some more detailed reactions:

One product: Eh. I don't like it. I can see your reasoning, but I still don't like it. :) Just make sure you're clear about what constitutes "one product".

One platform: I'm of the opinion that everything I make should eventually be cross-platform (as in Windows/Linux/Mac), unless there's a really good reason not to do so. This is simply because I think it's the "right thing to do", and because it's easy to do if you choose the right tech to begin with. (I don't just mean Java; a game based on SDL and written in C++, for example, is also nearly as easy to port if you do it right.) So from my point of view you're asking me to pay triple the normal price simply because of my principles. :( It's not a "different game", so why should I be penalised for making it run everywhere?

No modification: Okay, so you don't want your name credited to certain modifications. How about a compromise: The art may be substantially modified, but if it is then the credit must read "Art based on Quitsune Art kits" or similar - something that makes it clear it's a modification rather than the original. I think you really need to consider this, because I wouldn't buy art that I wasn't allowed to modify unless it was perfect, and art bought from kits is rarely 100% perfect for any given game.

I'm also a bit confused about the version platform thing. I want to cover sequels and ports but I'm not sure how to word it so it makes sense. Basically, if you modifiy it enough that someone who bought a version might buy it again, for me it's a new version because you can get the revenu twice.

Rather than "might buy it", I think you mean "does buy it" - and that small change makes that a lot easier to word. How about: When the art is used in a commercial product it may be re-used in derivatives of that product without having to purchase an additional licence, provided that the derivative is sold in place of the original product, and/or is made available to existing customers of the product free of charge.

That's a bit awkward and wordy but hopefully you get the idea.

[Qitsune]

Thank you for your input, lennard, Papillon and ChrisP. I have reworked two versions of the license, maybe one that would be more attractive to hobbyist and cheaper and a complete one that would cater to pros but still be very accessible.

Here's how it looks so far, I still need to get the final proofreading on it and final spellcheck and all. I hope to really the first art kit within 2 weeks.

Basic License for Qitsune Art kits

When you buy one art kit, you get these non-exclusive rights:
-Unlimited use of the assets in games or software applications for: prototyping, as placeholder, as final art in hobby games/freeware and portfolio pieces, also for direct promotion of these projects.
-1 registration valid for use in 1 commercial game or software application and for direct promotion of your project on 1 platform You will need to buy and register a different licence for each version/platform (but not for bug fixing patches.)
-Complete instructions and tips on how to best use the assets, (but you don't have to follow them.)

Other conditions:
-Your game or software can't be published with GNU GPL or other open licenses that forces you to release your sources or to lose control of your code. If you can't keep control on your project, I can't keep control on my art.

-The assets can be modified for format (if you want sprite sheet format instead of numbered images or animated gifs, etc) but not for cosmetic reasons (color depth, paint over, any visual modification) unless otherwise specified.

-The assets can be mixed and matched to other assets from any source.

-If credits are given for the game or software, proper credit must be given for the art kit assets.

-If you want to create merchandise using the assets or if you want to use them in different media unrelated to your games or software projects, contact me to negociate a separate license.

Definition of commercial game or software: any game bringing revenue by ways including but not limited to: sponsoring, retail, membership/suscription, donationware, shareware, or addriven site.

Definition of placeholder or portfolio art: Assets can be used to attract team members, for public testing, focus groups, to show publishers, to get work but the art must be completely removed from commercial version.

FAQ
Why only one game?
The odds that someone gets filthy rich with a game using the assets I've done are slim but if the game is succesful enough to warrant a sequel, I doubt paying the license again would be a problem to the developer.
Why only one platform? Pretty much the same reason as above, if you make a PC version and it has enough success to be ported, what is 24.95$ to you? Also multiplatform languages like Java still count like 1 platform.
Why no modification? What if the art ends up ugly and it's credited to me? What if someone puts huge wangs on my sprites and use them in porn games? I don't have any restriction on the kind of game my art can be used in simply because it's not really suitable for porn so I don't worry, and if someone decided to buy porn separately and mix it with my assets, I can live with that.
What if I REALLY need a modification? I can make the modification you need for a small fee,
How different does a game have to be to be a different version that requires a new license? Basically, if it's different enough from the previous version that you can sell it to customers who bought it, you need a new license. If you use the art in a commercial product, it may be re-used in derivatives of that product without having to purchase an additional licence, provided that the derivative is sold in place of the original product, and/or is made available to existing customers of the product free of charge.

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Premium License for Qitsune Art kits

When you buy one art kit, you get these non-exclusive rights:
-Unlimited use of the assets in games or software applications for: prototyping, as placeholder, as final art in hobby games/freeware and portfolio pieces.
-Unlimited use of the assets in commercial games or software applications and for direct promotion of these projects.
-Complete instructions and tips on how to best use the assets, (but you don't have to follow them.)

Other conditions:
-Your game or software can't be published with GNU GPL or other open licenses that forces you to release your sources or to lose control of your code. If you can't keep control on your project, I can't keep control on my art.

-The assets can be modified as long as the result is not pornographic, hateful or illegal in some way.

-The assets can be mixed and matched to other assets from any source.

-If you want to create merchandise using the assets or if you want to use them in different media unrelated to your games or software projects, contact me to negociate a separate license.



Is the result more clear and attractive to you? Chris, I hope you don't mind that I quoted you to get the part about different versions more clear, if so I'll reword it.

[ChrisP]

Sure, you can use anything I suggest in this thread in the licence, paraphrased or verbatim. Doesn't bother me.

It's an improvement. Does need some heavy proofreading, but the gist of it is an improvement. I'd still be very cautious about purchasing the basic licence, personally, but it seems you're not going to be moved on that. :)

Consider, though, the net effect of the basic licence's restrictions. How many indie games are hits and have sequels? Most don't. Even if they do, the art isn't always re-used. So it's pretty unlikely that you're going to get many additional sales from your art being used in sequels. You may get some; but I think it is likely that the terms will turn away a bunch of customers in the first place, causing you to lose more sales from the terms than you gain from the extra-licence-per-sequel rule!

I have no hard data on this of course, I just think you need to think carefully about the prospect.

Also, I think you need to define "multiplatform languages like Java". What's a "multiplatform language" in this context? Does C++ count? It's certainly a language that is available on multiple platforms, and if you know what you're doing it's quite easy to make the same C++ codebase compile on multiple platforms. So where are you drawing the line? Does the game have to run on a Virtual Machine (such as the Java VM) to qualify? If so, why are you selling art packs differently based on the underlying technology? What about Java games that use non-pure-Java extensions like LWJGL, which (I believe) need to be repackaged for each platform? Lots of indie Java games use LWJGL, or libraries like it.

Honestly, I don't think the platform thing would hurt you much, and it would make the licence a lot clearer to just remove that restriction.

The Premium licence is good. It's the kind of licence I would expect to see on an art pack. I'd prefer it came standard, but at least you have it as an option.

[Polycount Productions]

I'd remove two points:
- platforms: I think that something I've never seen in any other places... and sounds bit bad. I'd simply have licence for "one game"
- I would also remove the "cannot modify" thing. What if I want to have one blue icon instead of your default color (that's let's say "red"). With the current conditions - I cannot. I presume it doesn't matter if the developer modifies the art or not.

I would also consider doing 2 versios: "indie licence" and "commercial licence" (indie licence would be like 10x cheaper or something). Just check out www.garagegames.com or www.frogames.net for example licences.