Using Paid Marketplace Assets for Television

From the Marketplace’s FAQ:

“Besides using them for learning, experimenting, or prototyping, you may use Marketplace products in your own shipped products. However, you can’t sell or sublicense Marketplace content to other developers for use in their products, e.g. via website or ecommerce mechanism built into a 3D development tool.”

Does this mean we’re able to sell/license Marketplace products in a shipped product for broadcast? The usage would be creating video game content to provide to television shows. So it would be sold/licensed to other end users, but as finished content/film, not for developers.

Yes, because the type of product is different. You cannot re-sell virtual assets as virtual assets (within the conceptual realm of toolsets). Packaging them into a product, such as a videogame or a show, you’re selling entertainment.

This is no legal advice; just a conceptual clarification. Based on the fact that Unreal Engine projects have been featured in TV Movies and even news broadcasts, I assume that it’s fair to say you’re alright as long as you’re paying Epic the proper royalties for any direct sales that you get from products featuring their engine.

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Yes, rendered video content is considered an Unrestricted Product, which is subject to the following.

There is no restriction on your Distribution of a Product made using the Licensed Technology that does not include any Engine Code or any Paid Content Distributed in uncooked source format (in each case, including as modified by you under the License) and does not require any Licensed Technology (including as modified by you under the License) to run (“Unrestricted Products”).

Please note, however, that some content is labeled as UE-Only Content and must be used in UE4 projects only.

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To follow up on this for clarity,

If we purchase assets from Epic’s Marketplace, are we free to use in Virtual Production backplates for a TV production (linear video), without any additional licensing or fees?