EULA and copyright question

#1
Hello Crytek members,
Soon I will release my game and I'm making credits.
I'm using EAAS and I've read this in the EULA:

3.3. The design of the splash screen, the credits screen, the documentation, the packaging and the marketing material is subject to Crytek's prior written approval regarding Crytek's copyright notice and trademarks. The approval shall be deemed given if Crytek does not give any notice within ten (10) days from receipt of a sample.

But I've read this from CollinBishop:
"You are correct in assuming you can directly publish on Steam Greenlight without Crytek approval with the EaaS build. "

So, do I have to send my splash screen, credits screen, documentation, etc to Crytek for approval or not?

Re: EULA and copyright question

#4
Hey there,

sorry, just seeing this now, but I need to clarify a few things, let me chime in and give a more comprehensive answer:

Our latest - and thus binding - license agreement for CRYENGINE can always be found on our homepage, here. If you don't have a special contract with us that states other terms and that has been physically signed and agreed to by both parties on legally binding terms, the aforementioned link leads you to the currently binding license agreement for everybody using the engine.

In particular, let me explain paragraph 3 of that agreement as it is valid here:

3. Copyright Notice, Trademarks and Announcement of Publishing

3.1. The splash screen, credits screen, documentation and packaging (if any) as well as the marketing material (print, online etc.) of the Game shall include the following wording: “Portions of this software are included under license © 2004-201_ Crytek GmbH. All rights reserved.” Crytek's copyright notices shall be no less prominently displayed than Licensee’s own copyright notices.

3.2. Crytek grants Licensee the right to use the trademarks "Crytek" and "CryEngine" only to promote the Game. The splash screen, credits screen, documentation and packaging (if any) as well as the marketing material (print, online etc.) of the Game shall include the trademarks "Crytek" and "CryEngine". Licensee shall use the trademarks as made available online by Crytek within eight (8) weeks before the final design of the respective material. Crytek's trademarks shall be no less prominently displayed than Licensee’s own trademarks.

3.3. The design of the splash screen, the credits screen, the documentation, the packaging and the marketing material is subject to Crytek's prior written approval regarding Crytek's copyright notice and trademarks.
Licensee shall submit his sample to release@cryengine.com.
The approval shall be deemed given if Crytek does not give any notice within ten (10) days from receipt of a sample.
Logos and trademarks can be found here:
CRYENGINE Press Site

3.4. If Licensee plans to commercially exploit a Game, Licensee shall give notice to Crytek three (3) months prior to the approximate commercial release date of such Game via email to release@cryengine.com or the contact form on the Cryengine.com website. Crytek in its sole discretion may promote Licensee’s Game via Crytek’s websites and/or social media channels subject to Licensee’s approval of such promotion.


That means that all marketing material - and that includes video trailers, screenshots used for promotional purpose, your website, any kind of flyer or roll-up or poster that you might want to print and distribute, needs to show our logo and our copyright notice. A good rule of thumb is that our logo(s) need to be as prominently displayed as any other partner logos you might have- or want to display - this is to give you some creative freedom with your design if you decide you don't want it to be dominated by partner logos, which is understandable.

But our logo and trademark notice must be clearly visible at some point or place in and on your marketing material and also be represented in your EULA/Credits of the actual game.

To be save, we also included a paragraph where we ask every dev who develops under PWYW license to contact us prior to release so we can actually talk these requirements through with them and make sure they are met; as well as helping you guys with the technicalities. If you want to change the colour of our logo for example, that needs to be discussed with us first. Also, we want to know that you guys exist, that you are developing games with CE and we want to help you spread the word about it. But we simply might miss out on your game if you develop in secret.

If you contact us as referenced in the license agreement, we will help you in the best way we can to promote your game and make sure all your marketing assets are legally obliging to our contract. So please, if you are having any questions or want to partner up with us in marketing efforts, contact me or our license department so we can get talking rather sooner than later - because this all gets very stressful and hectic when we only learn of your existence after you released. And who likes a missed opportunity?

I hope that helped to clear things up a little, don't hesitate to contact me for more,

Cheers,
Nic
CRYENGINE Community Manager

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