For example, if I set up a website that hosts things like my blog and links to my YouTube videos, but also hosts games that I have made (both games that do and don’t use UE4), and people send donations to me, do I have to pay royalties to Epic?
These donations aren’t directly attributable to a particular game or games that use UE4, but what if my UE4 games have significantly increased my user-base or total donation revenue?
The EULA says:
“gross revenue actually attributable to each Product”
which makes me think that I would not have to pay royalties on these donations, but I would like clarification on the issue.
Well I think you’re looking at it in the right way, and you’ve correctly identified the right question. It all depends on whether the donations take the form of revenue attributable to the game. So, in a different context, in-game ads are definitively revenue for the game, but ads elsewhere on the website hosting the game definitely aren’t.
The way you’ve described it sounds like the donations would not be actually attributable to the game(s). However, I can see this changing depending on implementation. For example, if you said somewhere on the site “If you enjoyed playing Super Worm Flipping Saturday Picnic Party, please donate here!” that sounds like revenue for the game. If you said “Help me maintain my website!” that doesn’t sound like revenue for the game. If you have a DONATE NOW button right next to the game, that sounds like revenue for the game.
