Solved: The insanely confusing licensing of Quixel.

ibex

Sorry for posting here but Quixel forum is bugged for me and I'm stuck in an infinite login loop.

I would appreciate if someone could give me some straightforwards answers as most of the threads on their own forums are answered by their community manager with some vague answers and most of the follow up question are left unanswered completely.

What even is a megascan? I know this sounds dumb but the collection on their website https://quixel.com/megascans/home shows everything (2D,3D, textures, brushes) as megascans. This leaves only "smart materials" in local library to be safe to use for commercial purpose. Is everything else off limits?

How do I even know I used a megascan? When I open the asset manager usually there is "megascan surface" or a similar description but for example if I download a megascan brush and paint with it the asset manager just shows paint layer map. If I download a brush from some other place can I even know it was a megascan?

I know I can't make a texture with megascan and sell it but there are exceptions when you add 50% of your own value or sth like that. Of course that it just another non-specific phrasing that makes me afraid of breaking the terms. If I make a 3D model and texture it with megascans (for example use scratches brush) am I now unable to sell the model?

Another thing is Unreal. I got and infinite points because I once wanted to try it so I got a license even though I never really got to use it. I found this "You'll need a paid subscription to use Megascans legally, unless you're working in Unreal Engine as the final destination point". What does that mean? I'm unlikely to use UE since I'm not a dev. I'm currently just learning to model so all my work will be static renders in Blender and possibly selling those models. UE is not the "final destination point" so can I even use megascans? Do I need to render in UE?

Thank you.

radiancef0rge

all content downloaded from - or created in bridge or mixer - is subject to their copyright specs.  the only exception to this is the free content that has a specific set of rights outlined on their website.  

I know I can't make a texture with megascan and sell it but there are exceptions when you add 50% of your own value or sth like that. 

this is a myth, there are no rights for altered content that arent covered in their copyright unless explicitly stated.  

unique content textured using megascans is probably fine to sell - i am not a lawyer and you shouldnt take this as legal advice

youre getting caught up in the details, i think common sense here should guide you.  dont resell assets you dont have the rights to.  

ibex

Maybe I am caught up in the details but you are proof that people don't actually know for sure whether they are breaking TOS and can be held liable. I only want to use megascans for texturing of my own models with my own maps so they are practically unusable for anything else. I can only hope it's OK to sell those.

radiancef0rge

Epic owns all rights, titles, copyrights, and other intellectual property rights and interests, including but not limited to all trademarks, service marks, and trade names etc. in the Services, Megascans Assets, related software and material, any documentation, and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this Agreement, no license, right or interest in any Epic or Quixel patent, trademark, copyright, trade name or service mark is granted hereunder. The Services are licensed, not sold. Except as expressly authorized by Epic, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works or competing products or services from, or otherwise make unauthorized use of the Services, Licensed Assets, or other Materials. You agree not to assert against Epic any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights. You are not required to provide any ideas, feedback or suggestions regarding the Services or any of Epic’s products or services (collectively, “Feedback”) to Epic. To the extent You do provide any Feedback to Epic, You agree to assign and hereby do assign all right, title and interest in and to such Feedback to Epic and acknowledge that Epic may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other consideration to You.

radiancef0rge

4.4.2 Content Creation Software Restriction.  Unless You have received Epic’s prior written consent, You may not:
(i) bundle, incorporate, or distribute Licensed Assets in or with any digital content creation software (including, without limitation, tools for the creation of user generated content) that is monetized or used to generate revenue, directly or indirectly, by You or any third party; or
(ii) except as permitted in Section 4.3, permit third parties to use or access the Licensed Assets to modify or extend your Product (including, without limitation, via digital content creation software such as a mod-kit) if such use or access is monetized or used to generate revenue, directly or indirectly, by You or any third party.

your answer is in the eula

Synaesthesia

Hey, I resemble that community manager with some vague answers! As far as I'm aware and have been told, using Megascans in products you're selling should be totally OK provided that you're creating unique works. E.g. you're applying textures you've sourced from Megascans onto models that you've essentially baked into the UVs, so they're not redistributable or otherwise in competition with our own asset library. A general rule of thumb is "if you're using our asset library to compete with the library, you're not allowed to do it."

If you're just using the assets Mixer ships with, you're good to go. Mixer and its included library of materials are free-to-use for commercial and non-commercial purposes.

ibex

Coming with an answer from support. in case anyone finds this topic.

Q: "If I use megascans (e.g. scratches brush) to texture my own model with my own texture maps which are unusable for anything else but that specific model am I allowed to sell it including the textures?"

A: "The usage you've described sounds acceptable under our Terms of Use. Transformative works - e.g. brushes applying textures to UV mapped models is totally fine for commercial purposes are you're not reselling original Megascans data, but are instead modifying it and providing additional value."

This means the additional value is not a myth. Rendering inside UE wasn't answered but it probably doesn't matter.

Synaesthesia

It's definitely not a myth -  it's in our Terms of Use, which is why I provided that answer to you on ZenDesk.

WRT Unreal, you're legally obligated to work with Unreal Engine in exchange for free access to the Megascans library if you're signed up under the Unreal Unlimited plan as you've noted. There is no stipulation in the agreement for working outside of UE unless you're using other tools to modify Megascans assets for use within Unreal. Rendering assets outside of UE on a UU plan is strictly prohibited.

ibex

I haven't noticed your signature and thought it's just your opinion. I wasn't planning on signing up for UE license I just tried it couple of years ago and the license was still active. It's pretty cumbersome to export everything to UE just for a render of a single still image when I'm gonna be doing everything in Blender. Especially since I haven't really used it and don't even know how to set it up.

Synaesthesia

Just make sure you're using a paid plan and you should be OK. Rendering in Blender is not a legally applicable option for UU assets.

ibex

Even if I'm selling only the object and not the render itself?

Synaesthesia

Blender is not an authorized destination for Unreal Engine content.

Henrik

Since UE is a real-time renderer, am I correct assuming there's no actual use for Quixel Megascan (UU plan) if you're incorporating its content within projects made in eg. Blender or Maya in which project you're also using custom shaders and nodes unique to specific renderers? I mean, you'll never end up with the same result in your UE renders as you would in eg. Cycles or Arnold? I'm certainly not questioning this from a business standpoint (of course a library like this can't just be free), but to clarify: this is only useful if you intend to make game content, or archvis using Twinmotion and/or if you're happy seeing different results in your final renders compared to what you're designing in your 3D app of choice.

Though, as I haven't tested UE yet, I'm curious. How hard is it to replicate what you're looking at in your 3D app, in UE, working with both realtime renderers like Eevee and Redshift, as well as not working in such, prior to bringing the scene into UE? And lastly, a super dumb question probably: is there a way to purchase licensed assets within QM for use with rendering outside UE?

Synaesthesia

You'd need to sign up for a paid license via https://quixel.com/pricing and keep all UE-only content separate. This is done by having two accounts and keeping the assets from both plans in two different libraries. With regard to syncing up Unreal results to offline, I'm sure someone's made a script or something to that effect that helps get offline renderers to produce similar visuals.