Q: Can I distribute 3D voxel models made from licensed 2D assets?

A: Yes, the restriction on redistribution likely applies to your 3D voxel models because they are derivative works of the original 2D assets. Here’s a breakdown of the key legal considerations:

1. Understanding Derivative Works.

A derivative work is a creation that is based on or adapted from an existing copyrighted work. Since your 3D voxel models closely follow the design of the 2D pixel art, they are likely considered derivative under copyright law.

Even though you’ve transformed the assets from 2D to 3D, courts often rule that substantial similarity in design can still make it a derivative work.

In most cases, the original artist retains control over derivative works unless the license explicitly grants permission.

2. License Restrictions.

You mentioned that the license:

Requires crediting the original artist → This usually applies to authorized use but doesn’t necessarily allow redistribution.

Forbids redistribution and resale, even if modified → This strongly suggests that any altered version (including your 3D voxel models) cannot be shared or sold separately.

Allows use in personal projects → You can use your voxel models in your own games, but this does not extend to allowing others to use them.

Since your voxel models are directly based on the licensed pixel art, the redistribution restriction likely applies.

3. What If the Original Artist Doesn’t Respond?

If the artist doesn’t reply to your request for permission, the safest assumption is that you cannot distribute the voxel models. Silence does not imply consent.

4. Options for Moving Forward.

Continue using them in your own projects: You are likely allowed to use them within your own games, including commercial ones, as per the license.

Seek explicit permission again: If you can get a response from the artist allowing redistribution, you may proceed.

Create original voxel models: If you want to distribute models, consider designing voxel assets from scratch without closely following the original 2D sprites.

Look for an open-license or custom agreement: Some asset packs come with more permissive licenses allowing redistribution under certain conditions.

5. Potential Legal Risks of Distribution.

If you distribute the voxel models without permission, the artist could:

Issue a DMCA takedown if you share them online.

Demand compensation or legal action if your use is found to be infringing.

Hurt your reputation in game development communities.

Conclusion: Safe Usage vs. Risky Distribution.

You can use the voxel models in your own games.

You likely cannot distribute them to others without explicit permission.

If your goal is to share 3D voxel assets, the safest approach is to create original voxel designs that do not copy the 2D assets.

A: Based on the information you've provided, your 3D voxel models likely count as modified versions of the original 2D assets, even though you've transformed them from flat images to three-dimensional objects. The license specifically forbids redistribution of the assets as standalone resources or reselling modified versions, which would include your voxel models despite the dimensional transformation.

You're on solid ground using these models in your own personal or commercial projects as permitted by the license. However, distributing them to others—even for free—would probably violate the "no redistribution" clause since you'd be sharing derivative works of the original protected content. The dimensional change doesn't create a completely new work from a copyright perspective; the creative expression of the original artist remains recognizable in your models.

Your best path forward is to continue trying to contact the artist for explicit permission. Without their approval, the safest approach is to limit the use of these models to your own projects while giving proper credit. If you need sharable assets for collaborative work, you might consider creating original 3D models that are inspired by but not direct translations of the licensed 2D art, or finding voxel assets with licenses that explicitly permit redistribution.