MachineClaw opened this issue on May 23, 2003 ยท 207 posts
cooler posted Sat, 24 May 2003 at 12:19 PM
Ratteler, The right to control the use of her likeness is owned by Ms. Goddard, the copyright to the texture/morph set is owned by DAZ. So depending on the circumstances the answer to your question "Who will sue" is either DAZ, Ms. Goddard or possibly both. This from the EULA... "Failure to obtain such permission will result in the User being held liable for any and all damages and costs and all other legal remedies available to Anna-Marie Goddard under applicable state, federal and international law. Failure to comply with these restrictions shall constitute a breach of this License Agreement by User and entitle DAZ 3D to all Remedies under the terms of this License Agreement and all other remedies available under applicable state, federal and international law." As to you piracy scenario, the penalties are a great deal more severe than $10,000. This from the text of the DMCA... "Sec. 1204. Criminal offenses and penalties (a) IN GENERAL- Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain--
(1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and `(2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense." As far as "Model Laws" all the states have protections in place however they fall under different sections of state law. They will be atlernately listed as "Right to Privacy, Right of Publicity, or Unfair Competition". If a person can prove that their likeness falls under trademark additional federal protection can be provided under the Lanham Act.