Copyright Statement for Design Services
This Copyright Statement is formulated in accordance with the U.S. Copyright Act, EU Copyright Directive, WIPO Copyright Treaty, and relevant laws and regulations. It clarifies the copyright ownership and usage rights between our company and the client concerning asset pack sales, customized services, and AI-generated creative content. Engagement in cooperation constitutes acceptance of all terms herein.
I. Asset Pack Copyright (Generated Based on Sansheng Patent)
- Copyright Ownership: All game asset packs sold by the Service Provider (including but not limited to game character assets, scene assets, UI assets, sound effect assets, etc.) are generated based on “Sansheng Patent Technology.” The complete copyright (including moral and economic rights in the copyright, such as the right of attribution, reproduction, distribution, adaptation, communication to the public via information networks, etc.) of the asset packs is exclusively owned by Sansheng (hereinafter referred to as the “Copyright Owner”). The Service Provider is only authorized by the Copyright Owner to enjoy non-exclusive sales rights and the right to sub-license usage rights to purchasers.
- Purchaser Usage Rights:
- Upon payment, the purchaser obtains a non-exclusive, non-transferable, non-commercial personal/internal use license. This permits use for: personal game-making practice, internal project testing, and non-commercial game demo development (not for public dissemination or display).
- The following uses are strictly prohibited (and will be considered infringement, subject to legal action by the Copyright Owner and/or Service Provider):
i. Use for commercial purposes (e.g., in commercial game development, distributing on app stores for profit, advertising, paid course instruction).
ii. Reselling, gifting, or sharing modified asset packs to third parties (e.g., bundling into new asset packs for sale, uploading to free asset platforms).
iii. Removing copyright identifiers from the asset packs (e.g., Sansheng patent watermarks, copyright information labels).
iv. Using asset packs for illegal or non-compliant content (e.g., game development involving violence, pornography, discriminatory content).
- License Term: The purchaser’s usage rights are perpetual, provided they consistently comply with this Statement. If the Copyright Owner revokes the Service Provider’s authorization for an asset pack, the Service Provider will notify affected purchasers 30 days in advance. Purchasers may continue using already purchased asset packs (within the non-commercial scope), but the Service Provider will cease providing updates or technical support for those packs.
II. Customized Service Copyright (Including Concept Art, 3D Design, etc.)
- Copyright Ownership: For customized services provided by the Service Provider based on the Client’s requirements (including but not limited to concept art design, 3D model production, game scene customization, exclusive asset creation, etc.), the complete copyright of the final deliverables belongs to the Client, except in the following cases:
- Otherwise agreed in the “Project Service Confirmation Letter” (e.g., if the Service Provider retains attribution rights or usage rights), in which case the agreement prevails.
- If the Client fails to pay all fees (including deposit and final payment), the copyright remains with the Service Provider, and the Client only has the right to preview the deliverables. Copyright automatically transfers to the Client upon full payment.
- If the customized deliverables incorporate third-party licensed assets (e.g., reference images provided by the Client, licensed fonts/sound effects), the copyright for those specific third-party assets remains with their respective owners. The Client must ensure they have obtained the necessary usage licenses from these third parties, and the Service Provider assumes no copyright responsibility for such incorporated assets.
- Client Usage Rights: Upon obtaining copyright, the Client may freely exercise copyright rights (including but not limited to use in commercial game development, public dissemination, modification, licensing to third parties, etc.), noting that:
- If the deliverables incorporate the Service Provider’s “Universal Design Elements” (e.g., self-developed design templates, common model components), the Service Provider retains the copyright for those universal elements. The Client may only use them within the overall framework of the customized deliverables and may not extract them separately for use in other projects.
- The Client must ensure that the use of the customized deliverables does not infringe upon the legitimate rights of third parties (e.g., avoiding similarity to copyrighted content in other games). The Service Provider is not responsible for copyright disputes arising from the Client’s improper use.
- Service Provider’s Retained Rights: The Service Provider has the right to use thumbnails or low-resolution versions of the customized deliverables for its own business promotion (e.g., portfolio display on its website, case studies, promotion at industry events), subject to prior notification and consent from the Client. If the Client explicitly prohibits display, the Service Provider must remove the relevant publicly available content and cease using it for promotion.
III. Copyright Explanation for AI-Generated Creative Parts
- Source of AI-Generated Creativity: When providing design services (including asset pack generation and customized services), the Service Provider may use AI tools (e.g., AI painting tools, 3D model generation tools) to assist creation. The use of relevant AI tools is legally authorized (complying with the tool providers’ copyright policies), and the generated creative content is based on Client requirements or the Copyright Owner’s patent technology parameters, ensuring no infringement of third-party copyrights.
- Copyright Ownership and Usage Restrictions:
- If AI-generated creativity is used in asset packs: Copyright ownership and usage restrictions follow the terms in Section I of this Statement (i.e., copyright belongs to Sansheng, purchaser obtains non-commercial use rights).
- If AI-generated creativity is used in customized services: The copyright of the final deliverables belongs to the Client (as per Section II of this Statement). However, the Client should note:
i. Copyright protection for AI-generated content varies by country/region (e.g., the U.S. Copyright Office requires “human creative contribution” for copyright registration). The Service Provider will ensure that AI-generated creativity includes manual adjustments by its designers (e.g., style optimization, detail modification) to meet copyright protection requirements.
ii. If the Client uses AI-generated creativity in cross-border commercial projects, the Client is responsible for understanding the AI copyright regulations in the target region(s). The Service Provider can provide necessary copyright documentation (e.g., AI generation process records, manual adjustment descriptions) but does not assume copyright risks arising from regional regulatory differences.
- Explanation of International Differences in AI Intellectual Property:
- International Variations: Significant differences exist in the copyright recognition of AI-generated content across jurisdictions:
- United States: According to U.S. Copyright Office practices, copyright protects only “works created by human creativity.” Works generated solely by AI without human creative input are not registered for copyright.
- European Union: EU law requires a work to “be the author’s own intellectual creation,” implying a core requirement of a “human author.” Content generated entirely by AI without any human creative participation is unlikely to be recognized as a protected “work” under the current EU copyright framework.
- China: Through specific judicial cases, Chinese practice grants a certain degree of copyright protection to AI-generated content meeting conditions like “originality” and “tangibility,” reflecting encouragement for technological innovation and exploration of intellectual property boundaries.
- Patent Domain: Issues urgently needing clarification include whether AI can be listed as an “inventor,” potential adjustments needed to patent examination standards (like inventiveness/non-obviousness and utility/industrial applicability) for AI-related inventions, and liability determination for AI-related patent infringement (e.g., allocation among developer, user, AI tool provider).
- Copyright Domain: Beyond ownership of AI-output, industry debates continue regarding the “copyright boundaries of data acquisition” during AI training (e.g., whether using copyrighted works as training data requires permission) and the “demarcation of contribution between human creativity and AI-generated content.”
- Balancing Challenge: A core challenge in AI IP is finding the balance between “protecting creators’ legitimate rights” and “promoting AI technological innovation,” avoiding both over-protection that restricts application and under-protection that harms creator incentives.
- International Variations: Significant differences exist in the copyright recognition of AI-generated content across jurisdictions:
- Disclaimer: If AI-generated creativity infringes third-party copyright due to changes in the AI tool provider’s copyright policy or technical vulnerabilities, the Service Provider will assist the Client in negotiating a resolution with the AI tool provider but shall not bear direct compensation liability. The Client should verify the copyright compliance of AI-generated creativity before use, especially for cross-border projects, fully considering the AI copyright differences in the target region(s) to avoid disputes from improper use.
IV. Copyright Infringement Handling
- If either party discovers infringement of the copyrights involved in this Statement (e.g., unauthorized commercial use of asset packs, plagiarism of customized deliverables), it shall immediately notify the other party, providing evidence of infringement (e.g., infringing links, screenshots, dissemination scope details).
- The Copyright Owner (Sansheng) has the right to initiate lawsuits and claims against asset pack infringement, and the Service Provider will assist in providing evidence. The Client has the right to take legal measures against infringement of customized deliverables, and the Service Provider can provide necessary technical support.
- If copyright disputes arise due to the Purchaser’s/Client’s violation of this Statement (e.g., using asset packs commercially, using customized deliverables without full payment), the Purchaser/Client shall bear all responsibility (including but not limited to compensating the Copyright Owner and Service Provider for economic losses, covering litigation costs, attorney fees, etc.).
V. Other Provisions
- Matters not covered herein may be supplemented in the “Project Service Confirmation Letter.” In case of conflict, the supplemental agreement shall prevail.
- If any term of this Statement becomes invalid or partially invalid due to changes in national laws and regulations, the validity of the remaining terms shall not be affected.
- Disputes arising from this Statement shall first be resolved through friendly negotiation. If negotiation fails, the dispute shall be submitted to a copyright arbitration institution at the place of project execution (U.S. / E.U., determined based on the client’s location) for arbitration, applying the local copyright laws.