Can I use a texture, license question

I'm having this kind of problem, where I don't really know what kind of license is put to or allowed to put to BeamNG mod I create.


Textures that I'm interest using have limitations in license of how they can be used:

Code:

Can I release the materials under an Open Source (Creative Commons, GPL, etc) license?

No. These materials may not be released under Open Source licenses. Almost all Open-Source licenses allow unlimited redistribution of the materials, and redistribution is not allowed for these textures. This is a common problem with art resources (textures, sound, etc), not just our images. A possible solution is to release the art materials of the project under a closed sourced license.

BeamNG EULA however reserves BeamNG right to copy content:

Code:

§ 10 License to BeamNG and other users for User Generated Content
10.0 User Generated content shall be defined as any kind of content that is generated by the user
within or for the Game Including, but not limited to replays, skins, textures, mods, lap times,
leaderboard entries, etc
10.1 If you create, transfer, share, send, submit, post or upload any User Generated Content you
will still own the User Generated Content (assuming you have rights to own it) but you grant BeamNG
the right to use your User Generated Content to the extent outlined below without the need of further
permission or without any form of compensation. By transferring, sharing, sending, submitting,
posting, uploading or making available User Generated Content on the internet or elsewhere, you grant
BeamNG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable
license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt,
translate, archive, store the User Generated Content, and create derivative works from your User
Generated Content, in any form, format or medium of any kind now known or later developed and for
the entire duration of the intellectual property rights. If BeamNG sells the User Generated Content,
BeamNG will compensate the creators and will conclude a separate license agreement with them.
BeamNG is not obliged to use or distribute your User Generated Content.

Also EULA says:
10.3 The user should not setup special usage terms or license fees if the User Generated Content is
distributed or advertised within the beamng.com website and services of BeamNG.

So that would mean, I would not be able to have closed source License on my created content in regards of textures?

Also, again I'm puzzled by this section:
10.4 In addition, by transferring, sharing, sending, submitting, posting, uploading or making
available User Generated Content on the internet, you acknowledge that other users may use, copy and
archive your User Generated Content and create derivate works.

Which would indicated, that when uploading mod, other users should be allowed to use textures from content I have created?

It is kinda confusing this law stuff, so I would like to know how others read these terms and conditions.

Also is content I make open source when uploaded to BeamNG servers and is it so that I can not have closed source license applied to it?

Most importantly, does this mean, that I can not use Textures.com ?
https://www.textures.com/faq-license.html

What if I don't upload mod to BeamNG servers, what if I only post screenshot?

Sorry for all questions, but this is really confusing, why world can't be more open for sharing good and fun

 

i used textures from Textures.com in almost all of my maps/mods. nothing happened sofar

 

Yeah, I guess not much would happen or at least it might take time, but I would try to do it right way, or at least figure out what would be right way, am not a lawyer so lawtext is bit challenging to interpret

I just took print screen of preview image of texture and put it here, now if I put image of my model below this line, I have no idea if that is already breach of some license term?


So technically that could be illegal act I made, without me even knowing if it being such, so difficult, learning UV mapping was easy compared to these legal things!

 

Maybe this is confusing for others too, as discussion is relatively quiet or then question is too stupid, which is likely as this user is pretty stupid

Anyway, I'm interested from any kind of thoughts you might have about this.

 

My thoughts: (and I'm no expert in this..)

It depends. From what I've read, you can share it directly to others, but you cannot put it open on the internet, so everyone can download it. If you have the rights of owning EVERY SINGLE BIT of the UGC (vanilla parts of Beam excluded) you can share it on the internet (granted, I did not knew this). If you do share it that way, you automatically give BeamNG the right to use your content.
Please, if someone disagrees with this, say it.

 

I thought copyright only applied to anyone trying to make money off an
Creative Commons, GPL, image/textue

 

Even if it is free to get, it is not free to distribute, it is complex thing, but generally it is not much different if money is used or not.

 

Is there a way to tell if texture is copyright or is it automatic? for example If I create a texture and release it online and don't specify a copyright is it automatically its own copyright?

 

You have automatically copyright to what you create, it is your work, some may give their work free, some don't but copyright is always yours and you get to decide how others can use your work, if they can at all, that is then what you put into licensing to explain what can be done with your work and under which conditions.

So if you make a bowl, you have copyright on that bowl, but bowl you can sell, you can't sell immaterial property like textures, you can only sell licenses to use those textures.

Things get then complex again if you work for some company, where you make textures, if you make texture and want to sell it, that company might have a clause which makes all your work as theirs, so in that case you will not have copyright over what you made, but company you work for has.

And who is still wondering how there is so much well paid jobs for layers?