Forum: Poser - OFFICIAL


Subject: When is something commerical???

Butch opened this issue on Feb 11, 2003 ยท 24 posts


_dodger posted Tue, 11 February 2003 at 10:35 AM

In the case of the Band posters, the call is to exchange money for the band's CD (which may or may not use the same artwork on the cover) or to attend a bands concert. In either case, the purpose of the artwork is commercial. Unless it's a free concert. While most free concerts have some side way of making money off the deal, it reaches a secondhand point which doesn't legaly affect it. For instance, just because someone sells beer and T-shirts abnd CDs at a free concert doesn't make the advertising for the concert commercial (though the concert itself could be considered commercial if the sole purpose is to sell beer, like a beer-conpany sponsored concert -- it just doesn't propagate) However, the important thing is what the creator thought when they made the prop or whatever. Some creators think commercial art would indeed apply to anything that advertises at all, yet not think that it would be commercial in a work of art for art's sake that would be sold at auction because the item isn't being used to make an ad. The important part is the creator's own definition of commercial use, not ours. If the creator doesn't think it's commercial, he or she won't come after you. (To be honest, most won't anyway but it's immoral to take advantage of them simply because they cannot afford to pursue litigation.) If the creator does think it's commercial and can afford to come after you, then you're dealing with a lawsuit whether you have a guaranteed win or not, and you have to ask yourself if it's worth your time. Since I'm only me, I can only speak for myself and my wife (who agrees with me generally). My stuff is free for any use. I don't care what you use it for. I'd like to see a copy of the finished art, but it's not a clause of the licence. Some of my things are listed for non-commercial use only on Renderosity's page, but if you read the README files (you do don't you?), you'll see that the only restriction on commercial use is that I disavow any responsibility if some company like LucasArts sues your pants off, and that you agree to hold me harmless for such. My wife, Audrey, has a page of tattoo flash in Free Stuff that you can copy-paste onto a texture for a poser figure. She has a sort of weird licence restriction (but it makes sense) -- the idea is that you can use these on Poser figures all you like, but you cannot a) reproduce it in a way that someone else could use it without the original (thus no close-ups of a tattoo applied to pale skin, for instance), and that you cannot use it for RL tattoos or claim rights to the inmage itself. Why? While she thinks it's fine to see it on Victoria and Mike, if she ever gets a gun and becomes a tattoo artist, she wants sole rights to her own flash until suich time as she deems fit to sell it as flash. if someone asks about the peice, recieves your name, and then requests a piece on commision, the work just became commercial. Perhaps philosophically, but not legally or realistically.