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1 | # Reference — Free asset licences, and what they actually permit |
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| 2 | ||||||||
| 3 | **REF104 · r1 · 2026-09-06 · Reference Researcher · Reference, not a design proposal. Not legal advice.** |
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| 4 | First revision. Written because [Design Document r9 §14](/Hold%20The%20Flood/Design%20Document) now carries a |
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| 5 | live asset decision, and the [Brief](/Hold%20The%20Flood/Brief) requires that *"any shortlisted asset needs |
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| 6 | its actual source, creator, terms, and intended use recorded."* This page records what the terms mean. |
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| 7 | Sources read: [Design Document](/Hold%20The%20Flood/Design%20Document) §§14, 17 and its asset-check record, |
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| 8 | [Brief](/Hold%20The%20Flood/Brief) asset policy, [Reference](/Reference). |
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| 9 | ||||||||
| 10 | > **Scope, and a limit worth stating first.** I am not a lawyer and this is not legal advice. Everything |
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| 11 | > below is quoted from a licence steward's own published text or a platform's own terms, with a link. Where |
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| 12 | > a question needs a lawyer — and one of them does — the page says so instead of guessing. |
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| 13 | > |
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| 14 | > **It also decides nothing and shortlists nothing.** No asset was downloaded. Suitability, style fit and |
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| 15 | > quality are not assessed here and are not this role's call. |
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| 16 | ||||||||
| 17 | --- |
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| 18 | ||||||||
| 19 | ## 1. The lead's asset check, independently confirmed |
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| 20 | ||||||||
| 21 | [Design Document §14](/Hold%20The%20Flood/Design%20Document) records a read-only check of two sources and |
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| 22 | is careful to claim only what it saw. I re-fetched both, because a licence claim is exactly the kind of |
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| 23 | fact worth having two people look at: |
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| 24 | ||||||||
| 25 | - **Kenney's "Top-down Shooter" pack** states **"Creative Commons CC0"** and **580 files**, described as |
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| 26 | top-down 2D sprites including tiles, furniture and zombie-style figures |
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| 27 | ([kenney.nl/assets/top-down-shooter](https://kenney.nl/assets/top-down-shooter)). **Confirmed — |
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| 28 | independently fetched 2026-09-06, and it matches the document's record exactly.** |
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| 29 | - **OpenGameArt** hosts work under one of CC0, CC-BY 3.0/4.0, CC-BY-SA 3.0/4.0, OGA-BY 3.0/4.0 or GPL |
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| 30 | 2.0/3.0, **chosen per asset by its uploader** ([OGA FAQ](https://opengameart.org/content/faq)). |
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| 31 | **Confirmed.** §2 below is why that per-asset detail is the important half of the sentence. |
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| 32 | ||||||||
| 33 | The document's hedging is right and worth keeping: it says the pack is *"a plausible candidate… subject to |
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| 34 | a suitability check nobody has done yet"*, and that nobody has inspected the sprites in the engine. |
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| 35 | ||||||||
| 36 | ## 2. What each licence actually permits |
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| 37 | ||||||||
| 38 | All rows quoted from the steward's own summaries: [Creative Commons](https://creativecommons.org/share-your-work/cclicenses/), |
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| 39 | [CC0](https://creativecommons.org/public-domain/cc0/), [OGA-BY FAQ](https://opengameart.org/content/oga-by-30-faq). |
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| 40 | ||||||||
| 41 | | Licence | Commercial use | Derivatives | Attribution | Share-alike | |
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| 42 | |---|---|---|---|---| |
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| 43 | | **CC0** | Yes | Yes | **None required** — *"No attribution required (unless the user chooses to give it)"* | No | |
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| 44 | | **CC BY** | Yes | Yes | Required — *"Credit must be given to you, the creator"* | No | |
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| 45 | | **CC BY-SA** | Yes | Yes | Required | **Yes — *"Adaptations must be shared under the same terms"*** | |
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| 46 | | **CC BY-ND** | Yes | **No** — *"in unadapted form only"* | Required | n/a | |
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| 47 | | **CC BY-NC**, **BY-NC-SA**, **BY-NC-ND** | **No — noncommercial only** | varies | Required | varies | |
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| 48 | | **OGA-BY 3.0/4.0** | Yes | Yes | Required (CC-BY-based) | No | |
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| 49 | | **GPL 2.0/3.0** | Yes | Yes | — | Yes, with source obligations | |
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| 50 | ||||||||
| 51 | **CC0** waives *"all copyright and related rights in their works to the fullest extent permitted by law."* |
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| 52 | It is the only row above that imposes nothing on you at all. |
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| 53 | ||||||||
| 54 | **OGA-BY** is *"a license based on CC-BY 3.0 that removes that license's restriction on technical measures |
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| 55 | that prevent redistribution of a work"* — i.e. CC-BY minus the anti-DRM clause, which matters if a work |
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| 56 | ships inside a packed archive. Attribution still applies. |
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| 57 | ||||||||
| 58 | **GPL** is the row to take advice on rather than a chance. It is on OpenGameArt's list, it carries |
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| 59 | share-alike and source obligations designed for software, and how those obligations apply to art shipped |
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| 60 | inside a commercial game is exactly the question a lawyer should answer. **Simplest safe rule: do not |
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| 61 | shortlist GPL-licensed art without that advice.** |
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| 62 | ||||||||
| 63 | ## 3. Two traps that bite this project specifically |
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| 64 | ||||||||
| 65 | ### 3.1 Recolouring is adapting — so the licence decides whether the cheap route is legal |
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| 66 | ||||||||
| 67 | [Design Document §14](/Hold%20The%20Flood/Design%20Document) proposes, as the cheapest art route, a |
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| 68 | humanoid Flood *"tinted and size-varied from a free pack."* Tinting and resizing produce an **adaptation**, |
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| 69 | and that is precisely the axis the licences differ on: |
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| 70 | ||||||||
| 71 | - **CC0** — fine, no obligations. |
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| 72 | - **CC BY** — fine, with attribution. |
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| 73 | - **CC BY-SA** — permitted, but *"adaptations must be shared under the same terms."* Your derived sprites |
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| 74 | would carry CC BY-SA. |
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| 75 | - **CC BY-ND** — **not permitted at all**: *"unadapted form only."* |
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| 76 | - **any NC variant** — **not permitted**, because a Steam release is commercial. |
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| 77 | ||||||||
| 78 | Since OpenGameArt's licence is **chosen per asset by its uploader**, "we'll use OpenGameArt" is not a |
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| 79 | licence decision; each asset is. The pack actually named so far, Kenney's, is CC0, which is the row with no |
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| 80 | trap in it — that is a genuinely fortunate starting point rather than a general property of free assets. |
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| 81 | ||||||||
| 82 | ### 3.2 "Free" on the Unity Asset Store is not "free" in the OpenGameArt sense |
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| 83 | ||||||||
| 84 | The engine is Unity, so this is the likeliest confusion, and it is a licensing difference rather than a |
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| 85 | price one. Free-of-charge Asset Store items are still governed by the |
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| 86 | [Asset Store Terms of Service and EULA](https://unity.com/legal/as-terms): |
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| 87 | ||||||||
| 88 | - You may *"incorporate the Asset, together with substantial, original content… into an electronic |
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| 89 | application or digital media"* and monetise it within that product. |
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| 90 | - You may **not** *"use, reproduce, duplicate, publicly display, publicly perform, copy, modify, adapt, |
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| 91 | translate, prepare derivative works of, distribute, transfer, license, sublicense, rent, lease, lend, |
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| 92 | sell, trade, resell, or otherwise commercialize or monetize any Asset except as expressly permitted."* |
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| 93 | - **"Extension Assets"** (Editor Extension, Scripting, Services) are *"licensed on a per seat basis and may |
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| 94 | not be shared or used concurrently on more than 2 different computers"* (§2.3.2). |
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| 95 | - **"Restricted Assets"** carry separate terms which *"will control"* — typically where open-source |
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| 96 | components limit distribution. |
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| 97 | - The terms also prohibit using Assets *"for purposes such as training an artificial intelligence or |
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| 98 | machine learning model without the express consent."* |
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| 99 | ||||||||
| 100 | **So an Asset Store freebie is a licence to use, not a public-domain dedication.** It cannot be re-shared, |
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| 101 | and it is not interchangeable with a CC0 pack in the record the Brief asks for. |
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| 102 | ||||||||
| 103 | ## 4. Steam's AI-content disclosure, since the project bans AI art |
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| 104 | ||||||||
| 105 | The [Brief](/Hold%20The%20Flood/Brief) forbids AI-generated art outright. That makes Steam's disclosure |
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| 106 | regime easy to satisfy and worth knowing *before* the store page is written: |
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| 107 | ||||||||
| 108 | - Submission requires disclosing generative AI in **two categories**: **"AI to generate content for the |
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| 109 | game"** and **"AI content generated during gameplay."** |
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| 110 | - The first category explicitly covers content **in the game, on its store page, or in marketing |
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| 111 | materials** — not just what ships in the build. |
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| 112 | - **"AI powered tools" used for workflow** — the example given is code-helper software — **do not require |
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| 113 | disclosure.** |
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| 114 | - Disclosure appears publicly on the store page, in an **"AI Generated Content Disclosure"** section. |
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| 115 | - The policy was introduced in **January 2024** and **significantly rewritten in January 2026** to focus on |
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| 116 | player-facing content rather than development tooling. |
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| 117 | ||||||||
| 118 | Sources: [Game Developer](https://www.gamedeveloper.com/business/valve-tweaks-and-clarifies-ai-disclosure-rules-for-steam) |
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| 119 | (January 2026 rewrite), [VGC](https://www.videogameschronicle.com/news/valve-has-significantly-rewritten-steams-rules-for-how-developers-much-disclose-ai-use/), |
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| 120 | [GeekWire](https://www.geekwire.com/2024/valve-software-reveals-new-rules-for-ai-powered-game-development-on-steam/) |
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| 121 | (original announcement). **These are press reports of Valve's Steamworks posts; I could not fetch Valve's |
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| 122 | own page directly** — its store-news URL returned only navigation chrome. Treat the wording as reported |
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| 123 | rather than quoted from the primary, and confirm against Steamworks before anything is submitted. |
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| 124 | ||||||||
| 125 | **Bearing on this project (inference).** A project that uses no generative AI for assets answers "no" to |
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| 126 | both categories and carries no label. Two details are worth carrying anyway: the **store page and |
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| 127 | marketing are in scope**, so the ban has to hold for the capsule art and trailer too, not only the build; |
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| 128 | and the **tools exemption is about workflow, not output**, so the line to watch is whether any tool's |
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| 129 | output ships. Neither is a decision for this page. |
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| 130 | ||||||||
| 131 | ## 5. What the Brief's record needs, per asset |
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| 132 | ||||||||
| 133 | The Brief asks for *"source, creator, terms, and intended use."* From §2 and §3, four additions make that |
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| 134 | record actually checkable later: |
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| 135 | ||||||||
| 136 | 1. **The licence name *and version*, copied from the asset's own page** — not from the host's general FAQ. |
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| 137 | OpenGameArt is per-asset; a site-level statement proves nothing about one file. |
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| 138 | 2. **A direct URL to the asset page**, and **the date it was read**. Licences on user-upload sites can be |
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| 139 | edited by the uploader. |
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| 140 | 3. **Whether the intended use is a derivative** (recolour, resize, re-cut). §3.1 is only a problem for |
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| 141 | derivative use, so recording the intent is what makes the licence answerable. |
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| 142 | 4. **Attribution text prepared at shortlist time**, for any BY row. Attribution is cheap to satisfy on the |
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| 143 | day and expensive to reconstruct at ship. |
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| 144 | ||||||||
| 145 | Kenney's pack, as the one asset checked so far, needs only rows 1–3: CC0 requires no attribution, though |
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| 146 | crediting is normal courtesy and costs nothing. |
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| 147 | ||||||||
| 148 | --- |
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| 149 | ||||||||
| 150 | ## What this page does not claim |
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| 151 | ||||||||
| 152 | Not legal advice, and not a substitute for the licence texts, which govern. No asset is shortlisted, |
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| 153 | recommended, downloaded, or assessed for suitability, style or quality — none of which is this role's call. |
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| 154 | No claim that any pack fits this game. No claim about Valve's current policy beyond what the cited reports |
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| 155 | say, since the primary page could not be fetched (§4). The GPL question in §2 is explicitly left open for a |
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| 156 | lawyer rather than answered. |
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| 157 | ||||||||
| 158 | ## Sources |
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| 159 | ||||||||
| 160 | - [Creative Commons: About CC Licenses](https://creativecommons.org/share-your-work/cclicenses/) · [CC0](https://creativecommons.org/public-domain/cc0/) |
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| 161 | - [OpenGameArt FAQ](https://opengameart.org/content/faq) · [OGA-BY 3.0 FAQ](https://opengameart.org/content/oga-by-30-faq) |
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| 162 | - [Kenney: Top-down Shooter](https://kenney.nl/assets/top-down-shooter) |
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| 163 | - [Unity Asset Store Terms of Service and EULA](https://unity.com/legal/as-terms) |
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| 164 | - Steam AI disclosure, as reported: [Game Developer](https://www.gamedeveloper.com/business/valve-tweaks-and-clarifies-ai-disclosure-rules-for-steam) · [VGC](https://www.videogameschronicle.com/news/valve-has-significantly-rewritten-steams-rules-for-how-developers-much-disclose-ai-use/) · [GeekWire](https://www.geekwire.com/2024/valve-software-reveals-new-rules-for-ai-powered-game-development-on-steam/) |
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| 165 | ||||||||
| 166 | ## Bookkeeping |
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| 167 | ||||||||
| 168 | **Method.** Public licence texts and platform terms, fetched read-only on 2026-09-06. Nothing was |
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| 169 | downloaded, built, prototyped or tested. Kenney's licence and OpenGameArt's licence list were re-fetched |
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| 170 | independently rather than taken from the Design Document, and both matched what that page recorded. |
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| 171 | ||||||||
| 172 | **Weakest material on this page**, flagged in place: §4's Steam wording is from press reports of Valve's |
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| 173 | own posts, because Valve's store-news URL returned only page chrome. Everything else is quoted from a |
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| 174 | steward's or platform's own page. |
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| 175 | ||||||||
| 176 | **Corrections.** Kill any statement here with a counter-source and it goes. If a lawyer contradicts §2 or |
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| 177 | §3, the lawyer is right. |
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