About Uni-Virtual License

What is a Uni-Virtual license?

 Uni-Virtual license is a template of terms of use for digital products that are intended for use in virtual space, such as 3D models for avatars, 3D accessory models, 3D costume models, and various other digital assets.

When should I use a Uni-Virtual license?

 The Uni-Virtual license is a new copyright rule for avatar living areas in virtual space, and the copyright owner who publishes the work indicates that "If you comply with these conditions, you can use my work freely" The purposes of Uni-Virtual license in the sale and distribution of "creatives that are supposed to be used in virtual space", are to reduce the creator's effort in reviewing the terms of the agreement and the burden of responding to violators of the terms, support the understanding of the customer's terms of use due to language barriers. The Uni-Virtual license aims to evolve the virtual space, create creative creators, and create a state where customers can operate in the virtual space with confidence.

How did the Uni-Virtual license come about?

 From around the end of 2017, along with the trend of VR social such as VRChat, the culture of living with avatars of 3D models in virtual space began. At the same time, creators who sell or distribute 3D models as avatars have appeared. Since then, many 3D models for avatars have been sold, and a new culture called the avatar culture has flourished in virtual space.
 On the other hand, the avatar's terms of use in virtual space have many problems. The following is an example of the problems.

  • Models that are not intended for use as avatars, such as MMD models, are used as avatars
  • Third parties fraudulently upload and sold avatars to external uploaders, deterring creator revenue
  • The definition of words such as redistribution and commercial use is varied by the creator's interpretation, making it difficult for customers to understand.

 A base of Uni-Virtual Licensing Initiative is a Creative Commons license. The Uni-Virtual license was inspired by the Creative Commons license and wascreated for "use in virtual space."

Why is Uni-Virtual license needed?

 Uni-Virtual license is a new copyright rule for avatar living area in virtual space.

 In Japan, copyright is created simultaneously with the creation of a work. Copyright is a right that was created to prevent the creator from losing creativity by suffering disadvantages, such as imitation of the work. For this reason, others are not allowed to use without permission works to have the copyright.

 Due to the nature of the avatar culture in a virtual space, it is often found that customized 3D models sold or distributed are used to create secondary creations and used as avatars.
 In this case, the secondary creation is intended to demonstrate the customer's own personality through the avatar, and is not intended to violate the copyright of the author in most cases.

 Creators who present 3D models to the avatar culture in virtual space may not want to insist on copyright to their customers. Rather, many people feel delight to play with their work and to customize or use it as an avatar. The Uni-Virtual Licensing Review Board decided to create a tool that allows both creators and customers to publish, modify, and use their avatars with peace of mind, premising on existence of a copyright. That is the Uni-Virtual license.

Is there a copyright in the text or mark of the Uni-Virtual license?

 Uni-Virtual license terms and copyrights of various icons are held by the Uni-Virtual License Review Committee. This is intended to prevent creators and customers who use the Uni-Virtual license from having disadvantages such as confusion caused by malicious third parties. The Uni-Virtual Licensing Review Committee does not receive copyright fees from creators and customers.

What is the Uni-Virtual License Review Committee?

 The Uni-Virtual Licensing Review Committee is a non-profit organization that is independent of certain events and legal entities.
 It is a team of volunteer avatar creators for the development of virtual space and avatar culture. The creator is a moving castle named Fio. Focusing on Fio, a moving castle, we have created a template for the rules centering on FIO, we have created a template for the rules with the advices from avatar creators and confirmation of a lawyer office. Administrative procedures are supported by HIKKY Co., Ltd.

For customers (people who use works with Uni-Virtual license)

Can you allow me to set the avatar which I purchased to Pedestal of VRChat?

 Can not.
 This is an act that is prohibited by Article 4 of the Basic Provisions, "Prohibition of Acts That Inhibit Rights of Copyright Owner". Avatars with a Uni-Virtual license cannot be uploaded to VRChat with Public status.

Is there a Uni-Virtual license mark somewhere in the appearance of the purchased avatar?

 Since the Uni-Virtual license is the terms of use, the avatar itself is not marked. Please refer to the license notation page on the avatar distribution / purchase and the corresponding Uni-Virtual license notation page.

Do I need to wear my avatar with the Uni-Virtual license mark?

 It is not necessary.

Can I create an avatar with a Uni-Virtual licensed avatar part and combine it with another licensed model?

 It is possible. Since the Uni-Virtual license admits the modified use within the personal non-commercial use. please confirm the terms of the model that other licenses were applied to.

Can I create an avatar with a Uni-Virtual licensed avatar part and combine it with another Uni-Virtual licensed model?

 It is possible. Because a Uni-Virtual license allows modification and use within the scope of personal non-commercial use. Models that have adopted a Uni-Virtual license can freely modify and reuse parts.

Can I provide a Uni-Virtual licensed model to a third party for customization?

 It differs between a free request and a paid request, but it is possible.
 In the case of a free-of-charge request, If agreements are produced between both about the handling of the model, it is possible to provide a Uni-Virtual licensed model to a third party for customization. (Article 3 Paragraph 2)
 In the case of a paid request, customization can be requested if both the user and the contract producer have model data, only for avatars which the individual clause "Permission of personal commercial use" is set.

Can I buy a Uni-Virtual licensed avatar and place it in my booth in a virtual market for a mannequin-like use?

 This is possible depending on the setting of individual clauses.
 In the case of a virtual market, it corresponds to personal commercial use and data transfer to a third party, so please confirm an individual provision for "permission for personal commercial use" and "permission for distribution of derivative works". Check if you allow.

Should I contact the model author or the Uni-Virtual License Review Committee if I have any questions about the rules?

 Please contact the Uni-Virtual License Review Committee.

For creators (people who adopt Uni-Virtual license)

How is it different from the rules I wrote?

 Uni-Virtual licenses are created by a lawyer, taking into account the use of the avatar model in a virtual space, and are checked from a legal perspective, such as the Copyright Act. An English version of the Terms will be created at the same time.

Is there anything good about applying a Uni-Virtual license?

 The adoption of the Uni-Virtual license makes it clear to customers who have purchased (acquired) a model what actions are permitted and what actions are prohibited.

Is it possible to switch the terms of avatars sold up to now to Uni-Virtual licenses?

 Generally possible. As long as the user experience is not significantly impaired, the terms and conditions can be changed and the latest terms and conditions can always be applied.

Is there legal effect on the Uni-Virtual license?

 The user can use the work only for the purposes specified in the terms. Penalties will apply for violations of the copyright owner's terms and conditions. Penalties will be determined by degree of the violation by trials.

What happens if I do something prohibited by a Uni-Virtual license?

 The user who performed prohibited acts could be stopped the use of the work immediately. If you are seriously damaged by the prohibited act, or if the prohibited act is malicious, you can file a damage report for copyright violation.

If a report, "there is a person violating the Uni-Virtual license of your model" comes, what should I do?

 The copyright holder can warn about a stop of the use for an applicable user.

Is it possible to sell costume models that use some of the polygons and weights of 3D models with a Uni-Virtual license, or textures that use UV information?

 It depends on the setting of the individual article of the Uni-Virtual license of the 3D model. Under the Uni-Virtual license, the basic provisions prohibit the private use of creative works such as secondary works, so the sale of exclusive costumes is also prohibited. By granting individual terms such as "permission for personal commercial use", "permission to distribute derivative works", and "permission to distribute and divert data at the time of sale", it is possible to authorize the sale of exclusive costumes.

Can you forbid changing the head of my avatar in other models? In addition, can you forbid attaching the head of other models to the body of my avatar?

 Diversion of parts cannot be prohibited. Under the Uni-Virtual license, modifications of meshes, textures, shape keys, etc., and the combination of some parts are all permitted within the scope of personal use of avatars.

Can I use the Uni-Virtual license with my own terms?

 By assigning individual clauses with "special notes", It is possible to add the contents that it cannot prescribe with a basic article and various individual articles.
 In that case, it must be consistent with the basic provisions and individual provisions.

Can I remove part of the Uni-Virtual license and use it?

 You cannot delete and use part of the Uni-Virtual license.

Can I apply a Uni-Virtual license to non-avatar products?

 It is possible. The scope of the Uni-Virtual license includes digital data such as characters, accessories, and costumes available on the computer.

Can I apply a Uni-Virtual license to a headless body model?

 It is possible. The scope of the Uni-Virtual license includes digital data such as characters, accessories, and costumes available on the computer.

Can I allow buyers to set their avatar to the VRChat Public setting?

 Can not.
 This is an act that is prohibited by Article 4 of the Basic Provisions, “Prohibition of Acts that Inhibit the Rights of the Copyright Holder”.

Can the same avatar be sold in two versions, a Uni-Virtual licensed version and another licensed version?

 Multiple licenses for the same model are not recommended. Since it could cause the confusion of the customer. We recommend that you change the current terms of use of your avatar to a Uni-Virtual license.

Can I apply a Uni-Virtual license to a free public model?

 It is possible.

We made accessories for avatar model that adopted Uni-Virtual license. Does this accessory need to adopt a Uni-Virtual license?

 Don't have to.
 However, if the original avatar model uses a Uni-Virtual license, the original distribution location of the accessory must be displayed the name of the original creator of the avatar. In order to comply with Article 6 of the basic provisions, "Notation of copyright holder name and avatar name"

Is it possible to use a Uni-Virtual license for an accessory that is not a Uni-Virtual license?

 Even if the license of the underlying model is not a Uni-Virtual license, it is possible to adopt a Uni-Virtual license for derivative works. However, depending on the license of the original model, it may be prohibited, so follow the license of the original model.

I want to allow commercial use for individuals or corporations. In the case of commercial use, can I adopt a Uni-Virtual license for products with different prices?

 In that case, please divide the product into two groups which is impossible of commercial use and the product which applied an individual article of the commercial use permission, and the terms. And furthermore, please adopt two kinds of Uni-Virtual licenses each, too.