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August 21, 2012
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Legal Advice for Google Sketch up 3D warehouse - Is commercial use allowed?

:iconpablofiorentino:
PabloFiorentino Featured By Owner Aug 21, 2012  Professional Digital Artist
Good day, everyone.

Do any of you know if the models in the Google Sketchup 3d warehouse are free for commercial use? I've been looking everywhere for clarification on this, but the answers I find are always vague and unclear.

Some say yes while others say that they're not sure, but they all seem to agree that the terms are very unclear.

On the TOS it states the following: (please refer to the bold section)
"You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Google (or by other persons or companies on their behalf). With the exception of Content generated by you, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Google or by the owners of that Content, in a separate agreement. For the avoidance of doubt, you may modify, distribute, and create derivative works of Content uploaded by other users in 3D Warehouse."

The previous paragraph states that the Ads and sponsored content are protected, but that the 3d warehouse content are free for use.

My intended use would be to use renderings of buildings as Illustration references, I wouldn't even be using the models or the actual renders themselves, but it would still fall under commercial "Derivative work".

Here's the complete TOS [link] for further reference.

Has any of you used Google Sketch Up on this fashion? I'd like to know.
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:iconaapis:
Aapis Featured By Owner Aug 21, 2012  Professional Interface Designer
You quoted the answer to your own question. If you're using content made by the almighty "Content Gods" (i.e. Google or anyone Google gave godly powers to) then no, you can't use it for commercial means (or rather, you SHOULDN'T because even though it only says "may be protected" they'll totally sue you anyways).

Generally when I'm doing anything that requires a third party's product in any way, I choose that third party carefully. Either get explicit permission to use it (whatever "it" is) or create everything yourself (though going the latter route apparently doesn't protect you from other users of this service as they are allowed to do anything they want to your work and claim ownership of the piece they "made"). I wouldn't use this software to create anything for commercial purposes, personally, based on this ToS alone.
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:iconaapis:
Aapis Featured By Owner Aug 21, 2012  Professional Interface Designer
Also, nobody here is qualified to give you legal advice. THIS IS NOT LEGAL ADVICE. DO NOT CONFUSE THIS WITH ADVICE THAT A LAWYER WOULD GIVE YOU, BECAUSE IT ISN'T.

Just so we're clear.
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:iconpablofiorentino:
PabloFiorentino Featured By Owner Aug 21, 2012  Professional Digital Artist
I see, you have a very good point.
Contacting the original owners of the material should be the best way to get around it.

I tend to be extremely careful when using third party content as well, but they usually have a lot more clear TOS than this.
And yes, I understand that I shouldn't seek legal advice, I should've used a better worded title.
I'm looking more for people that have used it for what I'm specifying.

Thank you for your input, Aapis.
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