Avatar licence Marketplace


#1

Hello @ all,
I have work on it to make some Avatars with mixamo and Fuse.
I would like to add they to the Marketplace.
I m unsure about the Fuse/mixamo licence s.
https://www.mixamo.com/legal (thinks it s the same for Fuse too)
So far I have use there free Avatars/animations.
Do I risk to go in troube when I set they in the Marketplace ?


#2

Hi @Sbin ,

I had a chat to Cyrus Eghbalin from Mixamo last year about the
licensing, and this is what I more or less got from him.

Mixamo and Fuse content is only Royalty Free if it is
embedded into your project, such as a game, film or simulation. I would think that
anything that’s uploaded to a marketplace would not meet their EULA requirements.

Even if you edit a base mesh to your own then you can’t sell
it or anything, only have it embedded in your own project.

Creating your very own avatar from scratch, but if you use
Mixamo to rig it then you cant sell it on a marketplace only have it embedded
on your own project.

That’s what I get from it anyway, if it where me I would not
upload Mixamo content to a marketplace.


#3

This was a great bit of valuable information to stumble upon this morning.


#4

@Menithal, how can a person create a rig in Blender by naming the bones with the mixamo naming convention, and state the claim that the avatar was NOT rigged using Fuse? Seems suspicious to me…

Further, are your fennec fox bones named using the Fuse convention?


#5

It is manually made within Blender. Never used fuze or any Mixamo products.

Also the naming conventions of Mixamo is the same as Maya’s HumanIK, so they can’t claim the naming of the bones as Mixamo only. Its only the rigging process through their services which they mean by their rig, and the assistive tools that come with it.

What they have ownership though is the models and animation data.


#6

Legal stuff always trips me. So, I guess the point is, if you upload a private character to Fuse to “Rigify” it, you cannot place it into the Marketplace… legally.


#7

Yep. And anything exported via mixamo do get a userdata from that they been made with mixamo. Can be worked around by rexporting from blender.


#8

I went through the statements made by the devs, they mentioned this:

https://steamcommunity.com/app/257400/discussions/0/604941528491325843/

You may not directly share or sell any of the assets*, but may use them with no additional costs inside your game/film/machinima/3d print/etc.

Similarly they are trying to avoid people from reselling the models made in them within unity store, or poser store, etc.

However that their entire legal section changed when they got acquired by Adobe. It needs re-clarification as Adobe may have a different stance.


#9

True. Difficult to determine the legality of something when in flux.


#10

Especially in court. If you own Mixamo Fuse and you haven’t made a new agreement with Adobe then you can do whatever the hell you want because your agreement was not made with adobe it was made with the old company. In court the onus would be on them to prove you don’t own it, rather than you having to prove you do.


#11

You really need to study contract law @Cracker_Hax. Heretofore in the contract: " Any permitted assignment shall be binding on the representatives, successors and assigns of the parties hereto."

It is standard practice that license contracts ensure that the contract transfers to its assigns, hence Adobe retains full rights and enforcement of the Mixamo contracts.


#12

So what? That doesn’t mean it wouldn’t be thrown out.


#13

Quite to the contrary, it would be and is fully enforceable.


#14

Meh, so sue me for charging a dollar for a mesh I made even though I paid them to rig it. They still wouldn’t get anything out of it. It would cost more to sue me than any amount they would ever see.


#15

Besides, how would they even prove it was rigged by them? They can’t unless they hid some sort of watermark in the data. Of course they probably have a copy of the file on their servers… even so I highly doubt they would even pursue that in court unless it was making hundreds of thousands of dollars.

The shitty part is they are hording an app that could be sold for maybe $99 and charging exorbitant amounts just to use it once, so forgive me if I hope all sorts of people abuse it.


#16

This was my concern or inquery also; the point being under consideration of the following:

  1. You make a non rigged no bone avi in MakeHuman, or roll your own from somewhere.
  2. You MUST add a VERY specific skeleton using probably blender (for this example lets assume Blender)
  3. Those bones MUST be NAMED under the Mixamo convention to function correctly in HiFi

So ultimately, regardless of where it came from it will still “look like” it was rigged in Mixamo. Anyone else see a problem here?


Or did I miss something?


#17

Yeah they would have to get the file off their servers and compare it with the one you are selling, of course you can always modify the UV maps so it won’t match what they have.

I don’t intend to sell avatars but just saying…


#18

Thanks for the heads up. I was boiling a mental brew on this one and couldn’t see a way around it.


#19

I would take the weight map into photoshop and change it randomly and ever so slightly. I wouldn’t do a uniform change though. It would still be consider derivative works but they still have to prove it.


#20

By the way I usually don’t condone this sort of thing but I think what they are doing is pretty greasy.