ummm new Daz3d Anna-Marie Goddard Digital Clone texture pack is now available, and while I understand that it's from a real person the EULA really has be perplexed and bothered. the EULA reads different than the other Daz EULA's and I'm wondering if it is. from my reading is says I cannot do porn picutres that would hurt Anna-Marie Goddard's image, and I cannot sell renders using her textures. is this right or am I just reading too much into this EULA? so far is seems that I would have limited commercial use of this texture pack with this EULA, more restrictive than other Daz EULA. Could someone clear this up for me please?

It sounds like you are pretty close, they don't want her image or possible influence used for gain, and considering she is a public figure and that is what she sells, I can understand that. I don't think I would buy it for commercial purposes. something like that is really only good for private fantasy. not that there is anything wrong with that. If they were offering some of my favorite actors or such I would be the first in line, but for commercial application the use is quite limited.

What if, since her package comes with morphs, are mixed with other morphs to create a unique character? Can that be used for Commercial purposes ?

You're right MachineClaw. There's even a special notice on the product page that the EULA has changed for that product. Basically since it's a real person, you can't do anything nasty to it (mentions something along the lines of not hurting it, like maybe putting cuts/scars on the texture?) or using it for personal gain. Seems reasonable actually. It's a real person making money off of images of herself.

I guess that rules out half the renders here LOL. No NVITWAS

In the Product blurb they also are asking if this is a product that they should carry forward. I lay odds 8 to 5 they will either be mosty or entirly female charictors. Though I would pay good hard cash for a good Sean Connery, William H Macy, or Richard Karn texture, among others. :) But that is my fantasy. Whats yours??

I don't get it. To me It looks similar to Vicky. Then the restrictions on it, while I can understand it, makes the package even less viable. Just one opinion. Have a nice Memorial Day. Adele

Well that's kinda what I got out of the EULA. So I wont be buying that package. If I can't do commercial renders and sell the prinouts there isn't any point for me. I understand that Actors often have stipulations about certain things in movies, body doubles for nude scenes, remember couple of actors had butt doubles, yes, they didn't want their butt filmed and had say in who could double de butt. shakes head but (with one t) if I do a fantasy render in say a Boris style with Goddard V3 fighting the Mil Dragon with a cut on Goddard and I want to sell the poster I guess from this EULA I could be in trouble. I think I want to make a texture pack with a EULA that says "this texture pack can in no way be used to make farie renders either commercial or private" Please, anybody reading this note I'm not bashing Daz on this product, or really EULA, I understand them, just understanding more and more about my rights as an artist to do what I need to do. thanks for those that have commented so far.

And who decides the picture you rendered and posted in a gallery somewhere on the net is porn????..... Why her agent and lawyers of course(be great publicity...been done before). I'll pass on that purchase. SWAMP

Yes, I will probably pass too....to bad it is really nice. Sharen

I want Beyonce Knowles textures and morphs for Vicky, and Rickson Gracie textures and morphs for Mike. :-) Hey, a dude can dream, can't he? I didn't happen to find the Anne-Marie Goddard EULA unreasonable. She's brave to try this out with DAZ, and as a celebrity's public image is legally a commodity, the EULA is as necessary as it is understandable. She's a real person with feelings and family and all that.

I will not buy a product, I can't use to sell a picture I've made. Just too many restictions on this. I don't even do porn. but the way I read it I can't sell a picture if she is a Fairy Goddess in a snowmoblie suit, with goggles and hat, gloves. :O) lol. I'll pass on this.

Just a thought, perhaps cooler could step in and clear up the confusion on some of these points. I just re-read the thread and the EULA...hmmm, confusing. But that's legalese for ya.

"(3) sell any portion of rendered output that contains any portion of the 3-D Model(s) without prior written consent of Anna-Marie Goddard, her attorney(s), or other legal business representation." Cannot use her eyes in another work? I can theoretically understand why she would agree to this, but not whay DAZ agreed to it. With such a restrictive use, I doubt there will be much appeal to "professinals," and so I anticipate a limited sales return. For hobbyists, though ... Anna-Marie is (I think) Playboy's 40th Anniversary Playmate. Nekkid Playmate on my computer? To do with as I please? The possibilities stagger the mind. :p Which brings us back to the terms of use. I can see where Anna-Marie (and Playboy) would want to retain control over her image but, then, why should she want to participate in such a (restrictive) project? I will visit the Playboy Cyberclub when I get home and see if I can send Anna-Marie a message. Maybe things will become clearer if we know her intetions.

bookmark Would like to get some more info on this. I am not buying until this makes more sense to me. LOL!

Oh? OK. She's a Playboy PLaymate. I just assumed she was a model or actor or such.( I didn't know, there are so many out there who can keep track ) Boy, I really am gay aren't I. ;)

Re: Playmate. I am 95% sure that she is. Re: 40th Anniversary. Another 95% sure. My notes are at home. Yes, I keep notes. : I am a shareholder, so I try to keep current on all things Playboy (as well as all things current regarding my other investments, but I digress). I caught wind of something like this a few weeks ago (in general, not DAZ-specific), but I assumed it would be a more recent Playmate participating.

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BTW..my comments are not meant to be derogative towards Daz or Ms.Goddard( as a former fashion photographer,I know how your image must be protected).I just don't see this as a workable project. SWAMP

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This is a very dangerous EULA which makes the product virtually useless for most users. To use it commercially is out of the question unless you have written permission from Ms Goddard herself. That is pretty clear and obvious. No questions there. The dangerous section is here: You can't even make available to a third party (e.g. post in the Renderosity gallery) a picture that: "are demeaning, pornographic, illegal, slanderous, libelous, or otherwise damaging, potentially harmful to the public image of, vocation of, or overall psychological well-being of Anna-Marie Goddard" The question is, who decides? This is a legal mine field. Is it Ms Goddard herself who defines the meaning of the above sentence? Is she, or her agents or attorneys, going to keep an eye on the pictures made with this product? I have no idea what Ms Goddard herself thinks would constitute a picture that is "potentially harmful to the public image of" her. The EULA is a potential threat to anyone using this product and posting a picture on the Net (or sending it to a friend for that matter). And that threat will be there forever, since people might download the picture. What if the definition of "demeaning" or "libelous" suddenly changes in the eye of the people that might watch over this? I seriously doubt that this EULA will stand up in court, but the uncertainty built into it makes me strongly advise against posting any picture using this product. Buy it if you want to make picture for your own pleasure, but hide the picture from any third party who might get access to it. What is the definition of a "third party" in this context, BTW? Friends, family? I suppose so. I was not going to make any Anne-Marie Goddard porn anyway, but the EULA made my eyebrows raise a few inches...

The "rendered output" thing from post 8 was only in part. It says something about being used for comercial purposes such as "Anna-Marie Goddard drinks pepsi and you should too" .. Those are my words but it seems that that is what the first point is addressing. To me the problem is more the third which means I can't sell a picture that I did that uses the textures etc even if she is a background figure.

I hate to say it but if the EULA is as restrictive as it appears to be, I wouldn't touch this product with a ten foot pole (it'd likely violate the EULA to do so anyway) Nice idea, but far too restrictive to be of any use. I'll note that I understand the restriction and why Anna-Marie feels they are needed, but they make the product useless. 39.95 is an awful lot of money to pay for a texture and morph set for simply personal amusement. And given that I just don't find her attractive, there wouldn't be much amusement value. I really hope Daz isn't planning on continuing to make others like this with such restrictive EULAs. I'd rather see some more imaginative figures.

What DAZ needs to do is say something like You can do the following.... You can not do the folllowing .... Because .... Examples are always helpful.

Update: The item in question is now on sale for 30% off.

Since I started this thread I should have emailed Daz and asked them directly. I have now sent an email to Daz Sales and asked them to respond to this thread since so many of us have questions on it. Really really not a morning person, should have my caffene before posting, sorry about that Daz.

Morning person or not, you raised a valid concern. I myself am not (yet) a "professional," as I have nothing for sale, but there are quite a few professionals within the Community. Your initial post alerted all of us to potential professional problems, so I suspect there are far more of us thankful that you did, than not.

Just a thought. What if you don't put "Anne-Marie-Goddard's" name on your final renders? Who's to find out?

This is a quote from the EULA: "...or sublicense any: (1) rendered output or texture map of Anna-Marie Goddard combined with the body shape of Anna-Marie Goddard, or her name or initials for commercial purposes..." I think the intention here is to make sure you don't use the morphs combined with the textures and the name for any commercial purpose. I think this means you could use the textures without the morphs or the morphs without the textures and not use her name at all and be ok with it for commercial use. The only part that concerns me is in their last point (#3) they neglect to use this language and do not tie the mophs and textures and names together. Point number 3 is where there is still trouble lurking. If they correct the EULA and fix the language in point 3 I think it would be ok to use the product as long as you're not trying to sell it AS Anna-Marie Goddard. You could probably even use the morphs and textures together and call it "Jungle Queen Sheila" for example and be fine as long as you don't use her actual name. Of course, I'm not a lawyer and I don't work for DAZ so clarification is necessary but this is the impression I got from reading the altered EULA (and I think it is a position that is arguable in court if they fix #3). Just my .02 Frank

This is the exact qoute that I was refering to "User may not in any case separately publish, market, distribute, transfer, sell, rent, lease, convey, translate, or otherwise make available to any third party via any means whatsoever, public or private, for any purpose, commercial or otherwise, or sublicense any: (1) rendered output or texture map of Anna-Marie Goddard combined with the body shape of Anna-Marie Goddard, or her name or initials for commercial purposes or in a manner which implies its endorsement or association with any product, service, or entity; " Hence you can't distribute or show her drinking a pepsi or coke in a manner that would show her endorsing the product. You just had to read it fully and posting the snipped version skipped stuff each time. just trying to clear up 1 .. 3 still has me kind of concerned though.

I already sent a letter to the feedback address about this. As an erotic artist, I'm very concerned about how I would be able to use this product, and as a moderator at an erotic art site; I wonder also, if I would be responsible for removing/reporting any EULA violations that I find. I agree; nice idea, but dangerous. Too risky for my taste; or my wallet.

Attached Link: http://www.daz3d.com

1.) As for the posting of images or renders: You can post anything you want, anywhere you want so long as it's not damaging to Anna-Marie Goddard. For example: pornography, anything that is slanderous or libelous in nature, or otherwise derogatory about her.

2.) As, FrankJann mentioned: An error in the EULA that didn't get caught as we were working it out with all the different lawyers: The line about commercial distribution (point 3) being limited if the item being distribute included any portion of the product is inaccurate.

It is supposed to say (and is being updated right now) "you cannot sell any portion of rendered output that contains the original 3-D Model, as delivered by DAZ3D, without prior written consent of Anna-Marie Goddard, her attorney(s), or other legal business representation."

You can use this item in a commercial endeavor so long as it is modified to a reasonable extent. As GhostofMacbeth stated, anything that uses this digital clone in a commercial way to show approval or endorsement by Anna-Marie Goddard of anything CANNOT BE DONE WITHOUT written consent. However, as Firebirdz brought up earlier in this thread:

3.) What if, since her package comes with morphs, [or is] mixed with other morphs to create a unique character? Can that be used for Commercial purposes ?"

YES, IT CAN. So, go ahead, buy her, make her look the way you want her to look, and then go about your business as usual.

Something else thats important for you all to know is that DAZ is not the entity responsible for enforcing the EULA, it is a concession that was made to Anna-Marie upon the request of her and her agents, they also agreed to be the ones worrying about policing these restrictions. Just FYI.

I hope that this helps answer the majority of your questions. Yes, these restrictions are beyond what we normally include with a purchase, but we are selling the digital representation of an actual human being. I don't know of anyone famous that would go for a project like this without taking such steps.

Thanks again for your patience with our store changeover. Everything seems to be settling down for the most part, only a couple of big things left. Btw, everyone's Platinum Club membership should be reinstated now, if not, please let our webmaster know.

Steve Kondris
DAZ Productions, Inc.

"1.) As for the posting of images or renders: You can post anything you want, anywhere you want so long as it's not damaging to Anna-Marie Goddard. For example: pornography, anything that is slanderous or libelous in nature, or otherwise derogatory about her." OK, back to the pornography thing...would I have to modify the model significantly, or just not say it's her? I've got work for hire that I'm doing, and want to be sure before I think about using her.

Thanks Steave, you might wnat to stick around though, you know any answer will lead to more questions. :) Ok Now that we have more info. Where is the digitial likness of Sean, I m waiting. ;)

The Digital likeness of Sean will depend on how strong of a response we get for the current digital clone, tonymouse. ;) but I'd love to have a clone of him as well, and Harrison Ford, and that one actor whose name I always forget, he was in "Ronin" and I think "The Professional", always plays french guys it seems, always got some scruff, etc. Anyways, and for Momcat, from what I've been told, the only thing you have to worry about in commercial projects is making sure your work is using the model in a way that it does not appear to obviously be her. Adding some morphs here and there, not putting her name anywhere within your work, etc. those sorts of measures are what you would need to take. Steve

"or otherwise derogatory about her"....... "her agents, they also agreed to be the ones worrying about policing these restrictions".....now that's something that really scares the crap out of me. SWAMP

Thanks Steve >^_^

I trust Daz...but agents.... SWAMP

Well at least it is nice to know that I'm not the only one with interest, Harrison, Hmmm, that would be hot too. It is interesting that this is coming about. I recently have been working very hard on recreating W. H. Macy one of my favorite actors, perhaps a trend is starting.

Thank you Steve for clarifying some of the points. I like the premise of didgital versions of actors or models, but with EULA like this one for my commercial work I can't use them. I guess this is a trend that has just been waiting to happen, in the 'real' world I have to pay for models to sit and pose for paintings, or artwork, pay them for use rights or by the hour. I can see having in the future to do the same thing for Virtual use of models or actors liknesses and pay them for the use. I don't like change, it scares me, I guess I'll have to get used to it. Congrads to Daz on trying to break the mold and trying new things. This time I'm gunna have to pass.

Sorry but no freaking way... not even at 100% off.

Is it normal DAZ policy to put new things on sale when they first come out, or is A-MG on sale already to make the package more attractive due to the EULA flap? Not picking a fight, just wondering, as I have not (yet) bought anything from DAZ and am curious as to such promotional considerations.

It has always been their policy. Usually 15 -30 percent off for about 1-2 weeks. I can't think of any exceptions, I am sure there have a few I just can't think of any.

I believe the actor's name is Jean Reno. Good actor. No new Platinum Club items this week? Darn. ;-)

tonymouse: Thank you for your response. I am still fighting my P5 program. I will either get it to work (consistently), get satisfaction from CL, or go with another company. Once I get something that runs smoothly, I will set up a PC account and shop at DAZ. Not much point until I get a viable program. (Aside: Since DAZ has responded here, I see little point in me trying to contact Anna-Marie directly via the Playboy Cyberclub. I might do it anyway, just to see if I can, though, as I am sure she has some interesting things to say - from the model's perspective.)

Jean Reno was also the leader of the French commando team in Godzilla.

Hmm... a few more answers and people will begin to think this is a warez thread. :) I just bought the AMG set, just for the hell of it. With the Plat Club discount on top of the sale price, it's a pretty good deal.

I took a look at the statements on the product page and came across this: "vocation of Anna-Marie Goddard or her immediate relatives". Her immediate relatives?

Wellllll...Sam,how does she look? I'm betting pretty good SWAMP

Havent't installed it yet. I'll report back later. :)

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