About Facerig licensings and usage....

[Sue]

After the announcement of changes in Studio licensing by Live2D twitter account, some confusions are showing in the Vtuber scene.

At what point an individual Vtuber/Streamer should buy a Studio license? The statement is unclear with "more than $500 for Pro, and less than $500k for Studio".

Also about Facerig in Event Booth license, I take it that this license is needed if we want to setup a large Facerig demo for public, isn't it? Does that also includes a small scale Facerig demo on a desk, in a public cons for example?

[david_animaze]

Hello Sue, the Pro license remains the same; it allows for unlimited monetization (but not for content that is exclusive to paied/subscription based services, such as YouTube Red, for which you would need FaceRig Studio) and it has to be purchased once the monthly revenue passes the $500 threshold imposed by FaceRig Classic.

The FaceRig Studio for Individual Creators is necessary if you are an individual operating social media accounts that have a follower or subscriber count that is less than 100 000 per social media platform, or own a small and medium enterprise whose total income in the previous fiscal year was less than the equivalent of $200 000 US dollars, or for registered charities, or cultural or educational institutions.

The Event Booth is needed for a small scale FaceRig demo set on a desk in a public convention too, yes. That is, only if the public gets to play with FaceRig too. If it only acts as a demo that people only see, but do not interact with (stay in front of the camera and play with FaceRig), then for that FaceRig Studio for Individual Creators is needed.

Let us know if you have more questions regarding this matter.

[Rabid]

Just curious how do you even tell if someone is using normal, pro or studio, or if you feel they need to?

I own both Facerig and it's Pro license DLC and have a couple of youtube channels completely unrelated to each other.

But neither my steam or my youtube accounts have my information publicly displayed on them.

So if I make content using Facerig and it's on an account with a 'username' and nothing that gives any indication of who I am license wise, how do you know if I am entitled to be using it in my monetised videos or not?

If I own Facerig Pro and make content for another persons channel that is monetised, while not using it myself, am I in breach, how will you know the person I am making the videos for is not a pro license holder?

If I am found in breach, what happens? Do I get sued. Do I have my ownership of Facerig removed. What would the penalities be?

Just to be clear I use my copy of Facerig exclusively for myself in line with EULA's at the time of purchase, I am just throwing out hypotheticals here.

Heck the differences between Regular and Pro are so minimal I hadn't even realised Pro hadn't even installed for the first year I owned it as it seems to be manually done via the programs DLC area on the library page and the only difference I see is the Pro versions loading screens say Pro and I think are a different colour?

But you won't see those 'pro' screens in peoples recording or streams, and I doubt too many people put their licensing information in their videos descriptions.

Heck Youtube Premium (it's not Red anymore, too similar to a certain adult site) wasn't even around when Facerig launched, and came about a year after Pro was a thing. Pro came out in early 2016, Youtube Red wasn't officially announced until the end of 2016, and did not launch until May of 2017, about the same time as Facerig Studio did.

Are all licenses terms the same as they always were? Have they been changed and updated since 2014 when I first bought Facerig? 2-3 years before Pro, Youtube Premium and Studio existed?

If so are all the original and subsequent copies of terms of service, EULA's or whatever they're called, available to be viewed so we can remind our selves what it was we agreed to at the time of each purchase?

e.g I agreed to whatever I agreed to when I purchased Facerig in 2014, not whatever it is now in 2018.
Same for when I purchased Facerig Pro.

If any terms have changed in that time then we'd have to agree to those changes yes?

How do local laws affect your terms? I live in Australia, Holotech Studios is located in Romania I believe. Can you hold people from other nations to your terms if they are in breach of my local laws?

Steam Vs. Australian Supreme Courts on customer refunds and some other things in recent years comes to mind in regards to such matters. Valve said here's our EULA's you must abide by them, Aussie governent said "um no that's not how it works! You sell to Australians you abide by Australian Law."

I originally just bought facerig. It was a pretty simple deal back then, just a virtual puppet for video streaming, but it's become a bit of a slippery slope of mess over the years as new licenses and packages have come out.

Especially in regards to the wording of things.

For example Unlimited means Unlimited. Something that has no restriction.
Unlimited with exceptions is not unlimited. Period.

Unlimited or restricted? It can be one but not both.

Not trying to be difficult here, just trying to get a better handle on how this all works.

Might be time for some clearer wording on things than "Over $500, then you have to use Pro, which is unlimited, except for when it isn't"

Might also be time to consider making a clearer distinction between 'classic' FaceRig and Facerig Pro, than just the license. Like giving Pro some extra features that clearly sets them apart.
(Something other than crappy webm export would be good, yeah I aint paying hundreds for studio just so I can export to mp4 sorry.)

Don't envy you guys, seems like this would be a legal nightmare to enforce, especially on an international platform.

[Sue]

Originally posted by david_facerig:

Hello Sue, the Pro license remains the same; it allows for unlimited monetization (but not for content that is exclusive to paied/subscription based services, such as YouTube Red, for which you would need FaceRig Studio) and it has to be purchased once the monthly revenue passes the $500 threshold imposed by FaceRig Classic.

The FaceRig Studio for Individual Creators is necessary if you are an individual operating social media accounts that have a follower or subscriber count that is less than 100 000 per social media platform, or own a small and medium enterprise whose total income in the previous fiscal year was less than the equivalent of $200 000 US dollars, or for registered charities, or cultural or educational institutions.

The Event Booth is needed for a small scale FaceRig demo set on a desk in a public convention too, yes. That is, only if the public gets to play with FaceRig too. If it only acts as a demo that people only see, but do not interact with (stay in front of the camera and play with FaceRig), then for that FaceRig Studio for Individual Creators is needed.

Let us know if you have more questions regarding this matter.

I see... so let me rephrase it, correct me if I'm wrong:

• If you are just using Facerig for fun and not streaming for profit >> Facerig Classic
  
• If you are just a regular streamer who are taking revenues from ads >> Facerig Pro
  
• If you are a content creator who are making exclusive content for paid service and have less than 100.000 subscribers or $200000 revenue in fiscal year >> Facerig Studio for Individual
  
• If you fall to the category above but you are making more than the threshold aforementioned >> Facerig Studio for Business
  
• If you want to demo Facerig on an Event where public can toys with the avatar themselves >> Facerig Studio for Event Booth license.
  Otherwise, you should own a Studio for individual/business license.

Sooo Facerig Classic/Pro should be used by you only, one user, in a public ads-based platform.
Also one more thing to ask: does donations/gifts/Patreon/etc counts are revenues?

I wish there's some kind of comparison tables or chart or whatever to explain it clearly in layman terms so there won't be some misunderstanding. There have been various responses from Vtuber scene who are afraid that they are breaching the license and may affect to their profit later on.

[Sue]

Originally posted by Rabid:

I originally just bought facerig. It was a pretty simple deal back then, just a virtual puppet for video streaming, but it's become a bit of a slippery slope of mess over the years as new licenses and packages have come out.

True that, I think they have mentioned before somewhere in the forum that it's a risk for implementing a proprietary facial tracking technology which is very expensive but they have to sell it cheap to the masses, hence this jumbled mess of licensing restrictions..

Many professional Vtubers has chosen to cut ties with Facerig and develop their own facial tracking technology based from open source code. It might be not as good as Facerig, but it works.

[david_animaze]

Hello Rabid :)

Originally posted by Rabid:

Just curious how do you even tell if someone is using normal, pro or studio, or if you feel they need to?

I own both Facerig and it's Pro license DLC and have a couple of youtube channels completely unrelated to each other.

But neither my steam or my youtube accounts have my information publicly displayed on them.

So if I make content using Facerig and it's on an account with a 'username' and nothing that gives any indication of who I am license wise, how do you know if I am entitled to be using it in my monetised videos or not?

If I own Facerig Pro and make content for another persons channel that is monetised, while not using it myself, am I in breach, how will you know the person I am making the videos for is not a pro license holder?

If I am found in breach, what happens? Do I get sued. Do I have my ownership of Facerig removed. What would the penalities be?

Just to be clear I use my copy of Facerig exclusively for myself in line with EULA's at the time of purchase, I am just throwing out hypotheticals here.

There are ways to find out which FaceRig license someone owns; moreover, if you own FaceRig Pro and, hypothetically, make some content for another person's channel, you are responsible in the eyes of the law.

If you are found in breach, then you will have to answer to the laws of your own country. We often receive notices about users who, instead of using the correct license, make content using a different license which is not the one appropriate for their use-case. These notices usually come from the people who watch the user's channel.

Originally posted by Rabid:

Heck Youtube Premium (it's not Red anymore, too similar to a certain adult site) wasn't even around when Facerig launched, and came about a year after Pro was a thing. Pro came out in early 2016, Youtube Red wasn't officially announced until the end of 2016, and did not launch until May of 2017, about the same time as Facerig Studio did.

You're right, YouTube Red changed its name to YouTube Premium in May 2018. However, YouTube Premium was just one example of many other subscription based platforms like Patreon or Twitch (which offers the possibility of having custom emotes that can be used once you purchase the pack), so it is not strictly related use on this YouTube service.

Furthermore, YouTube Premium was officially unveiled on October 21, 2015 and in May 2016 it was released in Australia and New Zealand, these two countries being the first two to use it outside of US.

Originally posted by Rabid:

Are all licenses terms the same as they always were? Have they been changed and updated since 2014 when I first bought Facerig? 2-3 years before Pro, Youtube Premium and Studio existed?

If so are all the original and subsequent copies of terms of service, EULA's or whatever they're called, available to be viewed so we can remind our selves what it was we agreed to at the time of each purchase?

e.g I agreed to whatever I agreed to when I purchased Facerig in 2014, not whatever it is now in 2018.
Same for when I purchased Facerig Pro.

If any terms have changed in that time then we'd have to agree to those changes yes?

The EULA has changed since FaceRig was released in 2014 so to be in accordance with the various changes in licenses that we've made regarding FaceRig Studio. Please note that EULAs are subjected to change and agreeing means that one also agrees to further changes in the EULA.

This is an excerpt taken from the EULA:

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreement and representations, warranties or understandings between You and Holotech. It can be modified at any time by Holotech at its sole discretion.

Originally posted by Rabid:

How do local laws affect your terms? I live in Australia, Holotech Studios is located in Romania I believe. Can you hold people from other nations to your terms if they are in breach of my local laws?

Each person is hold accountable on the laws of their respective countries.

Originally posted by Rabid:

Steam Vs. Australian Supreme Courts on customer refunds and some other things in recent years comes to mind in regards to such matters. Valve said here's our EULA's you must abide by them, Aussie governent said "um no that's not how it works! You sell to Australians you abide by Australian Law."

These kinds of matters are resolved between each company / firm / conglomerate and the country, or countries, in which the product is sold. However, one is to abide to the laws of one's country, if such matters arise.

Originally posted by Rabid:

I originally just bought facerig. It was a pretty simple deal back then, just a virtual puppet for video streaming, but it's become a bit of a slippery slope of mess over the years as new licenses and packages have come out.

Again, FaceRig (and any other program, software, game) will change in the course of years as patches, new version and DLCs are released.

This is from the EULA:

You acknowledge that the Software evolves over time and system requirements to use the Software may change over time. You may need to upgrade your system (or obtain a new system) to use the Software. You agree that Holotech retains the unfettered right to modify any and all aspects of the Software, and that Holotech has been making, is making, and will continue to make changes to the Software.

Originally posted by Rabid:

Especially in regards to the wording of things.

For example Unlimited means Unlimited. Something that has no restriction.
Unlimited with exceptions is not unlimited. Period.

Unlimited or restricted? It can be one but not both.

It is unlimited in regards to a specific way of earning revenue from FaceRig videos. As long as the revenue is made by way of views and ads, then the monetization can be unlimited. When the revenue is made in other ways, such as paid subscription services (which, aside from the revenue from ads and views, can be made by selling merchandise with FaceRig avatars likenesses, making custom Twitch emotes), then the monetization falls under a different category for which FaceRig Studio is needed.

Originally posted by Rabid:

Might also be time to consider making a clearer distinction between 'classic' FaceRig and Facerig Pro, than just the license. Like giving Pro some extra features that clearly sets them apart.

The difference between FaceRig Classic and FaceRig Pro DLC is clear already. The former is intended for home-use and has that limited monetization threshold of $500, while the Pro DLC allows for that unlimited monetization regarding revenue from other ways than being directly paid for your content (Patreon, being the example here).

Originally posted by Rabid:

(Something other than crappy webm export would be good, yeah I aint paying hundreds for studio just so I can export to mp4 sorry.)

FaceRig Studio doesn't offer only the option of exporting to the MP4 extension, it also offers other features such as the Camera Editor; the possibility of exporting animations in the .fbx format, to be used in 3D modelling software; and support for the Perception Neuron motion capture suit which allows the user to control an avatar's full body.

[david_animaze]

Originally posted by Sue:

Originally posted by david_facerig:

Hello Sue, the Pro license remains the same; it allows for unlimited monetization (but not for content that is exclusive to paied/subscription based services, such as YouTube Red, for which you would need FaceRig Studio) and it has to be purchased once the monthly revenue passes the $500 threshold imposed by FaceRig Classic.

The FaceRig Studio for Individual Creators is necessary if you are an individual operating social media accounts that have a follower or subscriber count that is less than 100 000 per social media platform, or own a small and medium enterprise whose total income in the previous fiscal year was less than the equivalent of $200 000 US dollars, or for registered charities, or cultural or educational institutions.

The Event Booth is needed for a small scale FaceRig demo set on a desk in a public convention too, yes. That is, only if the public gets to play with FaceRig too. If it only acts as a demo that people only see, but do not interact with (stay in front of the camera and play with FaceRig), then for that FaceRig Studio for Individual Creators is needed.

Let us know if you have more questions regarding this matter.

I see... so let me rephrase it, correct me if I'm wrong:

• If you are just using Facerig for fun and not streaming for profit >> Facerig Classic
  
• If you are just a regular streamer who are taking revenues from ads >> Facerig Pro
  
• If you are a content creator who are making exclusive content for paid service and have less than 100.000 subscribers or $200000 revenue in fiscal year >> Facerig Studio for Individual
  
• If you fall to the category above but you are making more than the threshold aforementioned >> Facerig Studio for Business
  
• If you want to demo Facerig on an Event where public can toys with the avatar themselves >> Facerig Studio for Event Booth license.
  Otherwise, you should own a Studio for individual/business license.

Sooo Facerig Classic/Pro should be used by you only, one user, in a public ads-based platform.
Also one more thing to ask: does donations/gifts/Patreon/etc counts are revenues?

I wish there's some kind of comparison tables or chart or whatever to explain it clearly in layman terms so there won't be some misunderstanding. There have been various responses from Vtuber scene who are afraid that they are breaching the license and may affect to their profit later on.

1.Yes, if you're using FaceRig for fun, then FaceRig Classic is the license you need. You can also use this version and also monetize your content but only if the revenue does not pass $500.

2. Indeed, being a content creator with a social media following of less than 100 000 per each social media platform and earn revenue by ways other than ads, you need FaceRig Studio for Individual Creators. The $200 000 in revenue, in the previous fiscal year threshold is for small and medium companies who want to use FaceRig.

3. The Studio for Professionals and Businesses license is needed for when the individual creator has a follower count of more than 100 000 per each social media channel, and for big companies that want to use FaceRig.

4. Yes, for that use-case you need FaceRig Studio for Event Booths.

Donations, gifts and Patreon does count as revenue since it is you, the content creator, who receives that money.

We have a comparison chart which you can find here: https://facerig.com/docs/facerig-studio-docs/facerig-price/

[Sue]

Thank you for taking your time to reply, David. Really appreciate it :)

I have one more technical question about Facerig Studio, but I guess I'll hop over to the appropriate forum for that.

[komorigaki]

Originally posted by david_facerig:

It is unlimited in regards to a specific way of earning revenue from FaceRig videos. As long as the revenue is made by way of views and ads, then the monetization can be unlimited. When the revenue is made in other ways, such as paid subscription services (which, aside from the revenue from ads and views, can be made by selling merchandise with FaceRig avatars likenesses, making custom Twitch emotes), then the monetization falls under a different category for which FaceRig Studio is needed.

>selling merchandise with FaceRig avatars

What case do the individual avatar creators with FaceRig Pro license need FaceRig Studio license in? We presume that they use FaceRig only for making avatars in order to simplify the preconditions. In addition, what difference occurs between 3D avatars and Live2D avatars in the cases.

[Sue]

Originally posted by komorigaki:

>selling merchandise with FaceRig avatars

What case do the individual avatar creators with FaceRig Pro license need FaceRig Studio license in? We presume that they use FaceRig only for making avatars in order to simplify the preconditions. In addition, what difference occurs between 3D avatars and Live2D avatars in the cases.

Ah right, I'd like clarification about this too.
@david_facerig: Does by "Facerig Avatars likeness", do you mean the default built-in and DLC avatars, or it does also includes custom made avatar?

[Rabid]

Thanks as always David for answering questions. Cleared a lot up I suppose.

As for this though:

FaceRig Studio doesn't offer only the option of exporting to the MP4 extension, it also offers other features such as the Camera Editor; the possibility of exporting animations in the .fbx format, to be used in 3D modelling software; and support for the Perception Neuron motion capture suit which allows the user to control an avatar's full body.

Yeah I understand what Studio does, my point was you can only export .webm in classic/pro. To export in another VIDEO format you need FR Studio. Which is an expensive option just to get a better or alternative video format export. Ability for Pro to export MP4 would of really set it apart from Classic.

Be interesting to try and stream to youtube with .fbx though. lol

About as technical as I get with creation in FaceRig is painting textures. Studio for me is overkill for the content I create and the size of my audience, and too costly just to get MP4.

I use nVidia Shadowplay and OBS to capture facerig, both save to MP4, and I have to say the results are a massive difference quality wise over the results from recording directly from FaceRig with webm. Be nice to have less apps running to get the same result. (not to mention the hardware resources it would free up)

And yes, I'm aware there is licensing issues around using something like MP4, but plenty of other cheap video editing software seems to use it.

Any way, there's more I'd like to discuss but I do not wish to derail Sue's thread here. So I'll leave it at that and start a new thread if necessary.

[Rabid]

Originally posted by Sue:

Originally posted by komorigaki:

>selling merchandise with FaceRig avatars

What case do the individual avatar creators with FaceRig Pro license need FaceRig Studio license in? We presume that they use FaceRig only for making avatars in order to simplify the preconditions. In addition, what difference occurs between 3D avatars and Live2D avatars in the cases.

Ah right, I'd like clarification about this too.
@david_facerig: Does by "Facerig Avatars likeness", do you mean the default built-in and DLC avatars, or it does also includes custom made avatar?

+1 me for that too.
Especially as I am making a youtube channel where a facerig character with some modifications will be the host of it.
If it gets successful be nice to know if I can put 'him' on a T-Shirt or a Mug or what will be needed for me to do so without any dramas.

[komorigaki]

I found another question.

Does a FaceRig demo for public without monetization need the Event Booth License?

In addition, the other question is as following.
How about a "big" demo with the public who don't play FaceRig but only see? For example, the audience see the big screen with FaceRig demo on a stage.

[david_animaze]

Originally posted by Rabid:

Originally posted by Sue:

Ah right, I'd like clarification about this too.
@david_facerig: Does by "Facerig Avatars likeness", do you mean the default built-in and DLC avatars, or it does also includes custom made avatar?

+1 me for that too.
Especially as I am making a youtube channel where a facerig character with some modifications will be the host of it.
If it gets successful be nice to know if I can put 'him' on a T-Shirt or a Mug or what will be needed for me to do so without any dramas.

It only includes Holotech original avatars (of course, if you want to use avatars that are the property of Live2D or, for example, the PewDiePie avatar, you'd need permission from their respective owners).

If you make your own custom avatar then you have full ownership over that avatar and so you can use it commercially as you see fit. However, if the avatar is a Holotech original avatar which you customize and add a few props, you will have to purchase FaceRig Studio for Individual Creators if you want to put that avatar on a T-shirt, mug or other stuff like these.

[david_animaze]

Originally posted by komorigaki:

I found another question.

Does a FaceRig demo for public without monetization need the Event Booth License?

In addition, the other question is as following.
How about a "big" demo with the public who don't play FaceRig but only see? For example, the audience see the big screen with FaceRig demo on a stage.

Yes, if the people in the audience use FaceRig, you would need the Event Booths license.

For a demo in which the audience do not use FaceRig, then you would need either FaceRig Studio for Individual Creators or FaceRig Studio for Professionals and Businesses - here it depends on the user's "background", so to speak. If you represent a big company with a revenue that is higher than $200 000 (or its equivalent in other currencies) in the previous fiscal year or you are an individual with more than 100 000 social media followers, per social media platform, then you need FaceRig Studio for Professionals and Businesses. If you represent a smaller company that had a revenue of less than $200 000 (in the previous fiscal year) or are an individual creator with a number of followers that is less than 100 000 (per social media platform) you would need FaceRig Studio for Individual Creators.

[komorigaki]

Thank you for your quick and polite response, Davit.

I understand that pure avatar creators don't have to buy extra FaceRig licenses. Neither the physical scale of a demo nor the monetization would give any influence to the choice of the suitable license for the demo, as well.