Question concerning ownership of MatterPak content and BIM-files16292
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Irenaeus private msg quote post Address this user | |
| I'm a representative for a Norwegian museum using matterport for our development projects, and I have some questions on the IP of files you buy from Matterport, and if these are encompassed by other conditions than the general Terms of Use. The product pages for both the MatterPak, and the BIM-services seems very much to be written like you actually purchase the IP of the files and not just access to files owned by Matterport. From the MatterPak page: "The MatterPak™ Bundle is a set of exportable and downloadable assets, generated from Matterport 3D models, that designers, architects, engineers, and construction professionals can use to jumpstart design projects or a can be imported into third-party programs (such as 3ds max, ReCap, Revit, or AutoCAD)." "Architects and engineers can use the point cloud to quickly create an as-built model and jump-start their designs. Construction professionals can use the ceiling plan and floor plan images for documentation/verification and building turnover packages, or use the point cloud as a part of the QA/QC process." This seems to quite heavily imply you purchase the IP. However, this puchase does not seem to have a separate Terms of Use, so unless I've missed something big, it falls under those and the Cloud Subscription Agreement. In which case, all files are owned by Matterport even after the purchase, and is supposed to be destroyed after the agreement with Matterport ends. My lawyer has gone through the terms and her position is that while it seems to contradict the sales pages quite markedly from a common-sense reading of the text, its very hard to justify any other reading than that Matterport is the sole owner still. Has anybody else had any experience with this? Am I missing some entire legal addendum covering these somewhere? It seems incredibly counterproductive if it is the case, especially in the case of BIM-purchases, which are orders of magnitude more expensive. Why would you ever buy them if its just access and not ownership? Ive contacted Matterport and hope to get some sort of answers from them, but in the meantime, I thought I'd hear how others have handled this problem. Best regards, |
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MeshImages private msg quote post Address this user | |
| I am not a lawyer. But I have some experience from my work in a TV- and Film-Laboratory. Let´s say you are the film-producer and Matterport is the 3D film-laboratory, which processes the 360° images and who takes care of all the material and the virtual tour. Now, if you scan a Matterport Tour and if you produce the 360° images and the 3D scan data, you are the originator and creator of this data and probably also the creator of the 3D virtual tour (path). No one can publish anything of this original material without asking you. But depending on the contract with the laboratory, Matterport will always take the right to work with this material. Let´s call this a processing right. Matterport needs this processing right in order to do their job. They need this processing right to calculate the 3D dollhouse OBJ and also the virtual tour and the different views (3D dollhouse, floorplan, VR View, etc. etc.). Therefore you have to grant Matterport this processing right. As Matterport has this processing right, they can also produce more assets, which derive from that original material, like the Matterpak or a PDF floorplan or a 3D BIM file (with 3rd parties). In the film-business this could be a new Trailer version. And they can probably do this without asking you, because this right is granted in the cloud subsciption agreement. But when the lab produces these derived assets, the lab is the orginator of these newly created assets (owner of the Trailer). They (probably) cannot publish these assets without your consent, but as they are the originators, they will own these assets. They cannot publish these assets without your consent, but as they own them, they can probably also sell (or licence) these assets under the obligation not to publish them. When you end the agreement with the laboratory and you say that the laboratory has to delete all of your assets this does probably not include the derived assets. The lab cannot exploit/publish these derived assets without your consent, but they can still own them. I guess, that in the end, Matterport will offer us free hosting in exchange for certain exploitation rights. |
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 WGAN ForumFounder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| @Irenaeus Welcome to the We Get Around Network and for your first post. I am not a lawyer. I do not give legal advice. I recommend that you ask Matterport: 1. "Can Matterport create a derivative work from our Matterport tour without our permission." 2. "Can Matterport sell and/or license derivative works from our Matterport tour without our permission." My impression from reading Matterport Legal Information - and again, I am not a lawyer, I do not give legal advice and it has been a while since I read some or all of these Matterport Legal Terms - Matterport reserves the right to create derivative works from Matterport digital twins. For example, I could imagine that Matterport might create a floor plan of your museum and offer it via an API that gets served up in a search when some searches for your museum. (For residential real estate, I could imagine that residential real estate portals would license floor plans from Matterport.) If/when you hear back from Matterport, kindly share the response here. And, please let us know how you plan to proceed. Best, Dan |
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WGAN Forum Founder & WGAN-TV Podcast Host Atlanta, Georgia |
DanSmigrod private msg quote post Address this user | |
| @Irenaeus BTW, I would be fine with Matterport creating derivative works provided that: 1. We had the opportunity to opt-in 2. We got compensated: either a buy-out or shared revenue Please do keep us posted on what you find out from Matterport ... Best, Dan |
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