Game developers often use assets created by other creators (for example, purchased and/or downloaded from an asset marketplace), including artwork, music, sound effects, fonts, and code libraries. These assets are typically distributed under specific license types, which define how the asset may be used.
Before including third-party assets in your game, developers should review the license terms that apply to the asset to ensure it can legally be used in a distributed commercial game.
Under the Kongregate Game License & Upload Agreement developers are responsible for ensuring they have the necessary rights and permissions to use all content included in their games and that they adhere to the Developer Content Standards. Developer obligations apply to everything in the game - even if they did not create those assets.
See also: ASSETS | How can I safely use third-party assets (art, music, code) in my game?
What is an asset license?
An asset license is a legal permission granted by the creator or rights holder that allows another party (i.e. a developer) to use their work under specific conditions.
Licenses typically define:
• whether the asset can be used commercially
• whether it can be modified
• whether it can be redistributed in a game
• whether attribution (credit) is required
Different license types grant different levels of permission.
Asset license types at a glance
Developers may encounter several common license categories when sourcing game assets. The following is a quick reference guide - more detailed summaries are below the table.
| License Type | Typical Source | Commercial Use | Attribution Required | Redistribution in a Game | Key Considerations |
|---|---|---|---|---|---|
| Commercial Marketplace License | Game asset marketplaces and asset stores | Often permitted | Sometimes required | Usually allowed as part of a compiled game but not as raw files | Review the marketplace’s specific license terms and any restrictions on resale or redistribution of source assets. |
| Royalty-Free License | Stock asset libraries, music or media libraries | Often permitted | May be required depending on the license | Typically allowed within distributed media such as games | “Royalty-free” usually means no ongoing payments, but the license may still restrict redistribution or certain types of use. |
| Creative Commons (CC) Licenses | Independent creators, open asset repositories | Depends on the specific license | Often required | Depends on the license | Some CC licenses restrict commercial use (e.g., CC-BY-NC) or require derivative works to use the same license (CC-BY-SA). Developers should confirm the specific license terms. |
| Open Source Software Licenses | Code libraries, development frameworks | Often permitted | Often required | Depends on the license | Some open-source licenses require attribution, inclusion of license text, or disclosure of developer's own source code when software is redistributed. |
| Custom Creator License | Directly from an artist, composer, or asset creator | Depends on the agreement | Depends on the agreement | Depends on the agreement | Custom licenses may limit use to a specific project or impose additional restrictions. Developers should review the full agreement carefully. |
| AI Tool Output License | AI art, music, or content generation tools | Depends on the tool’s terms of service | Sometimes required | Depends on the tool’s terms | Developers should review the AI service’s terms to confirm rights to use generated outputs commercially and distribute them in a game. |
Commercial Marketplace Licenses
Assets purchased through game asset marketplaces are typically provided under a commercial license issued by the marketplace or the creator.
These licenses often allow:
• use in commercial games
• modification of the asset
• distribution of the asset as part of a compiled game
However, they typically do not allow redistribution of the raw asset files themselves.
Developers should review the specific license terms provided by the marketplace or asset creator.
Royalty-Free Licenses
A royalty-free license generally allows developers to pay once for an asset and then use it in multiple projects without paying additional royalties.
These licenses often permit:
• commercial use
• modification of the asset
• distribution within a finished game
However, royalty-free does not mean the asset is free of restrictions. Developers should review the license to understand any limitations.
Creative Commons Licenses
Some creators release assets under Creative Commons (CC) licenses.
These licenses vary significantly. For example:
• CC-BY – allows commercial use but requires attribution
• CC-BY-SA – requires derivative works to use the same license
• CC-BY-NC – allows use but not for commercial purposes
Because some Creative Commons licenses restrict commercial use, developers should verify that the specific license permits inclusion in a commercial game.
Open Source Software Licenses
Code libraries and development tools are often released under open-source licenses.
Examples include:
• MIT License
• Apache License
• GNU GPL
Each license has different requirements, such as:
• including license text
• providing attribution
• sharing source code in certain cases
Developers should review the license terms before including open-source code in a distributed product.
Custom or Creator Licenses
Some creators distribute assets under custom license agreements.
These may include specific conditions such as:
• use limited to a single project
• restrictions on resale or redistribution
• attribution requirements
Developers should read the full license agreement before using assets distributed under custom terms.
Can I assume assets found online are free to use?
No.
Assets that appear online may still be protected by copyright or other intellectual property rights. Unless the asset is clearly licensed for use, developers should assume that permission from the creator is required.
Should I keep records of asset licenses?
Yes.
Developers are encouraged to maintain records of asset licenses and purchase receipts for any third-party content used in their games. This can help resolve questions if a licensing dispute arises later.
See also: ASSETS | How can I safely use third-party assets (art, music, code) in my game?
What if I am unsure whether I can use an asset?
If you are unsure about the license terms for an asset, you may wish to:
• review the license documentation carefully
• contact the asset creator or marketplace for clarification
• seek advice from a qualified legal professional
Like all the Kongregate FAQs, this information is provided for general informational purposes only and does not constitute legal advice.
Support
NOTICES | As a Developer, what should I do if I receive a DMCA notice or regulatory request?
NOTICES | What happens if my game receives multiple legal complaints?
VIOLATION | What happens if my game violates Kongregate’s Content Standards?
VIOLATION | Can Kongregate remove or restrict my game after it has been published?
APPEAL | As a Developer, how do I appeal a content removal or restriction?
STANDARDS | Developer Content Standards
STANDARDS | Developer Moderation & Enforcement Policy
ASSETS | How can I safely use third-party assets (art, music, code) in my game?
ASSETS | How can I safely use AI in my game?
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