Forum Coordinators: RedPhantom
Poser - OFFICIAL F.A.Q (Last Updated: 2024 Dec 23 7:38 pm)
Most people append "Looks like" before the title to assuage any concerns that the item in question is in fact the trademarked entity/piece of propery whatever. As if that will assuage the dollar hungry legal profession..... Scarab<-(working on the original "Looks like a money hungry, scum sucking, destroy the original intent of the American way lawyer" mesh)
Well, my question was more in the general sense, as I did not/do not want to call anyone out. However, I am 100% sure that three of them that I have in mind did not, and would not, ever receive an OK from the license holder, as they are active licenses that are currently earning money for officially licensed partners. - Ray
In other words...you have to at some point be prepared to either live your live in absentia, or be prepared to confront the American mullahs....which is our legal profession...can you count on our support?.....well, punk...do you feel lucky?...is your "spiderman" mesh within the public domain?...or do you go back to producing variations on overmuscled men and overbreasted women?... Scarab<-the spirit of "Poppa" Hemingway is strong within this one.....
Ray, I don't know what the official policy here is, however there is no liability to Renderosity in offering these items for sale. Under current legislation, (the Digital Millenium Copyright Act or DMCA), an entity which provides for transmission or storage of digital media can only be held liable for infringing material if, after proper notification by the copyright holder or a designated agent, they fail to "expeditiously" remove said material from public access. As to the items themselves, copyright law is not assumptive. If you or someone else suspects an item is infringing on a lawful copyright the only thing you can do is notify the creator & it is up to them to take action. This avoids the problem of bogus 3rd party complaints.
Attached Link: http://wolf359a.anet-stl.com/trade.html
You might want to check out this guy's take on it. He does Startrek models."Democracy is a pathetic belief in the collective wisdom of individual ignorance." - H. L. Mencken
ok- I'm sure someone will tell me I'm all wet- but I can't see how a shape can be copywrighten- a mesh yes- a word- maby... But NOT a shape- how about if I copyright a ball. Dose that mean you all have to pay me everytime you use one. If I make a model that can ware Vickys clothing can DAZ claim it as there own. Seems that an original model that looks like bugs bunny but named something else isn't the property of anyone else's but the person who made it. geo
The models at Animotions are not sold.
"Few are agreeable in conversation, because each thinks more of what he intends to say than that of what others are saying, and listens no more when he himself has a chance to speak." - Francois de la Rochefoucauld
Intel Core i7 920, 24GB RAM, GeForce GTX 1050 4GB video, 6TB HDD
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Poser 12: Inches (Poser(PC) user since 1 and the floppies/manual to prove it!)
This came up when someone was creating some sci-fi uniforms for the marketplace that were obviously Trek uniforms. In the end, the creator changed up the textures. If it's gonna be free, that may be different.
"Democracy is a pathetic belief in the collective wisdom of individual ignorance." - H. L. Mencken
Attached Link: http://chillingeffects.org/fanfic/faq.cgi
Phantast... many of the people at the old 3DCC (now animotions) have contacted the respective comic companies for permission to use/reproduce their characters. In fact most companies I've contacted for use of their copyrighted material have been very cooperative, even flattered, that I'd take the time to ask for permission (In 5 years of doing digital art I've only been turned down once :-). lmckenzie... a better (and relatively unbiased :-) site for an overview of copyright/trademark in relation to fanfiction/artwork is at the link above. geogress... You're all wet :-) If you make a model that can wear Vickis' clothes more power to you. It's your creation & you can do with it as you wish. If, however you use any part of the original mesh to do it it is a violation of Daz3d copyright. As to your question about copyrighting a shape, it's not only the object itself but it's unique appearance that is copyrighted/trademarked. It doesn't matter what you name it. dlfurman... Whether or not an object is sold is immaterial. A violation is a violation & the court doesn't care if you made any money doing it until after you're judged guilty. Then it is considered when awarding damages.Actually, to be honest, the 3D-CC never obtained permission to create and distribute the free models based on comic characters because it is not required. The comic book companies could attempt a legal battle but ultimately, since the models aren't sold, there is very little they could do. If, however, someone was SELLING a Wolverine model, for example... all hell would break loose.
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Just curious as to what the official policy is regarding this, as I have seen several items in the marketplace that VERY STRONGLY resemble copyright characters or props/settings that were specifically developed by others as IP (intellectual property). By this I mean that anyone in their right mind would see the item for sale and think immediately of the original IP. ANd as for "resemble" I mean they look exactly like items that were developed for movies/TV/etc, and the item for sale looks exactly like the original item. As this market is small and out of the way of notice of Hollywood, there really is not much of a problem, but you never know. With them harping on digital media, I can see them noticing this and then coming down hard on this site. - Ray