Content Rights & Licensing Policy

1. Overview

This Content Rights & Licensing Policy explains the ownership and usage rights for content created through SceneSmith. Understanding these rights is essential for using generated content appropriately, especially for commercial purposes.

This policy should be read in conjunction with our Terms of Service and AI Content Disclosure Policy.

2. Content You Upload

2.1 Your Ownership

You retain full ownership of all content you upload to SceneSmith, including:

• Reference images and photographs
• Audio files and music tracks
• Scripts, text, and descriptions
• Character designs and artwork
• Any other materials you provide

2.2 License You Grant Us

By uploading content, you grant SceneSmith a limited, non-exclusive, worldwide, royalty-free license to:

• Process and store your content on our servers
• Transmit your content to AI providers for generation purposes
• Display your content back to you in the Platform
• Create derivative works (the generated content) based on your uploads

This license is solely for the purpose of providing the Service and terminates when you delete your content or close your account.

2.3 Your Representations

By uploading content, you represent and warrant that:

• You own the content or have the right to use and license it
• The content does not infringe any third-party intellectual property rights
• You have obtained any necessary releases or permissions
• The content complies with our Acceptable Use Policy

3. AI-Generated Content Ownership

3.1 Legal Context

The legal ownership of AI-generated content is a developing area of law. Key considerations include:

• US Copyright Office: Has stated that purely AI-generated content without significant human creative input is not eligible for copyright registration
• Human authorship requirement: Copyright law traditionally requires human authorship
• Mixed human/AI works: Content with substantial human creative input may have copyrightable elements

3.2 What This Means for You

• Purely AI-generated content may not be protected by copyright
• Others may be able to legally use similar AI-generated content
• You cannot claim exclusive rights over AI-generated portions
• Human creative contributions (selection, arrangement, editing) may add copyrightable elements

3.3 Our License Grant

Regardless of copyright status, SceneSmith grants you a license to use AI-generated content as specified in this policy. This license comes from our agreements with AI providers and our rights as the platform operator.

4. Licensing Tiers

Your license rights depend on the quality tier used for generation:

4.1 DRAFT Tier (Non-Commercial License)

4.2 STANDARD Tier (Commercial License)

4.3 HD Tier (Extended Commercial License)

4.4 ULTRA Tier (Premium Commercial License)

5. License Comparison Table

6. Universal Restrictions (All Tiers)

Regardless of your tier, you may NOT:

6.1 Resale and Redistribution

• Sell generated content as standalone stock media or templates
• Sublicense generated content to third parties
• Include generated content in products primarily sold for their visual content (e.g., wallpaper packs, template bundles)
• Operate a competing service using generated content

6.2 Exclusivity Claims

• Claim exclusive ownership or register copyright on purely AI-generated portions
• Assert that you are the sole creator of AI-generated content
• Prevent others from generating similar content

6.3 Trademark Registration

• Register AI-generated imagery as a trademark without significant modification or additional creative input

6.4 Misrepresentation

• Claim AI-generated content was created entirely by human artists
• Remove or obscure AI disclosure labels where required by law
• Use content in ways that violate our Acceptable Use Policy

7. Platform Rights

7.1 SceneSmith's Rights

SceneSmith and its AI providers retain:

• The right to use generation data (prompts, parameters) for service improvement, unless you opt out
• The right to display generated content in our marketing materials (with your permission)
• The right to analyze aggregate, anonymized usage patterns
• All intellectual property rights in the Platform itself

7.2 AI Provider Rights

Our AI providers (Fal.ai, ElevenLabs, Google) have their own terms that may affect content rights:

• Providers may use generation data for model improvement per their policies
• Provider terms may impose additional restrictions
• We recommend reviewing provider terms for high-stakes commercial use

8. Commercial Use Best Practices

For commercial use of generated content, we recommend:

8.1 Documentation

• Keep records of generation parameters and prompts
• Save original generated files with metadata
• Document the tier used for each generation
• Maintain records for at least 3 years

8.2 Client Communication

• Inform clients that deliverables include AI-generated content
• Include AI disclosure in contracts and agreements
• Explain copyright limitations to clients
• Ensure clients understand they cannot claim exclusive rights

8.3 AI Disclosure

• Label AI-generated content where required by law
• Follow platform-specific disclosure requirements
• Be transparent with audiences about AI use

8.4 Clearance

• Review generated content for unintended similarities to existing works
• Obtain necessary releases for recognizable elements (people, brands, locations)
• Consider additional legal review for high-value or high-risk uses

9. Upgrading Your License

If you generated content at a lower tier and want to use it commercially:

• Re-generate: Generate the content again at a commercial tier (STANDARD or higher)
• Contact us: For special circumstances, contact licensing@scenesmith.ai

We do not offer retroactive license upgrades for previously generated content.

10. License Duration

• Active account: Your license remains valid while your account is in good standing
• Downloaded content: License for content you have downloaded survives account termination (provided termination was not for policy violations)
• Policy violations: License may be revoked for content created in violation of our policies

11. Liability and Indemnification

You are responsible for:

• Ensuring your use of generated content complies with applicable laws
• Obtaining any necessary third-party clearances or releases
• Any claims arising from your use of generated content
• Verifying content suitability before commercial use

SceneSmith does not guarantee:

• That generated content is free from intellectual property issues
• The accuracy, quality, or suitability of generated content
• That generated content will meet specific commercial requirements

12. Updates to This Policy

We may update this policy as AI content rights law evolves. Material changes will be communicated with at least 30 days' notice. Existing licenses for already-generated content will not be retroactively changed.

13. Contact

For questions about content rights and licensing:

• Licensing inquiries: licensing@scenesmith.ai
• Legal questions: legal@scenesmith.ai
• Enterprise licensing: enterprise@scenesmith.ai