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Does uploading a free game onto itch count as commercial use?

A topic by 57knuckleknock created Oct 27, 2022 Views: 1,434 Replies: 10
Viewing posts 1 to 6

In theory, I guess it's not since I'm not taking any money, but I'm just asking to make sure

Moderator

You should probably say why you're asking.

(+1)

I have a game in the making that I plan to post here. I plan to make it free as in I have no intention to make money from it, it is merely a demonstration of skill so I can show it to my future employers. Yesterday I downloaded a pack of graphics that I plan to use, but on the website that I download it from, the author wrote "This is for PERSONAL use only". I guess in theory, I can still use it and upload the game since I have no intention of making money from it, but I don't want to get into any legal trouble so I am just asking to make sure

Moderator(+1)

Personal use means, you will use the assets by yourself.

Commercial use means, you will publish something with those assets in it.

It doesn’t matter if it’s free or not, when you publish it for multiple people to download, it’s no longer personal.

ah thanks, oh well

(+1)

You could always ask for permission to use the graphics. Are you sure you read the license declaration completely? Its a bit unusual to allow people to download a free pack, but not allow them to use it in a project that would be shared publicly (especially a free one). 

(1 edit)

I'm sure, there is only that one sentence on the whole website, I even looked in the folder that I downloaded but couldn't find anything, but yeah that is a good idea, I will try asking the author for permission

(+2)

Personally, I think you're good so long as you don't charge money- because that's what 'commercial' literally means.

If you post something on Twitter. Facebook or an online portfolio- that equally counts as 'publishing', but nobody would see that as commercial.

It's always important to consider the intentions of the owner of the assets. When people say "For personal use only" this tends to mean "Yes, you can use this, but if you make money off our work, we want some of it!"

Usually it means that if you're going to make money on the back of their work, they'd like some of it...

(+1)

A literal interpretation of "This is for PERSONAL use only", won't allow you to do that BUT:

You should try contacting the author because there are licenses that do not allow commercial use, but you can distribute to others (as long as it's free or you leave it as open source). Maybe, just maybe that's his way of expressing that he wants to give it to the community but doesn't want people to have any profit from it? Or maybe he wants a commission? 

I would consider a publicly released freeware game to be neither "personal" and "commercial".  Same category as charity work, public service announcements, and political speech.

But, yeah, it's better to ask the author directly instead of a bunch of armchair lawyers.  And if you need real legal advice, find yourself a real lawyer.