pdxjims opened this issue on Jun 21, 2004 ยท 57 posts
cooler posted Tue, 22 June 2004 at 5:01 AM
Howdy folks, DAZ permits derivative works, including morph targets, without permission for it's products as long as certain guidelines are followed. The most important of these is that no derivative can be distributed that makes it unnecessary to own the original in order to use the derivation (this is why RTE encoder & Objaction mover are such important tools). Understand however, the this is solely a DAZ decision & cannot be applied to other creators. Copyright law gives every copyright holder the right to decide who can & cannot distribute derivations of their original. From reading through this thread the questions seem to be... 1) Are encoded morph targets derivative works? IMHO, morph targets (even encoded ones), fit the legal definition of derivative works. They may not contain any of the original geometry but they are dependent on the original to be created & require the original in order to be used. This from the US copyright office circular 14 "Copyright Registration for Derivative Works" (http://www.copyright.gov/circs/circ14.html)... "A derivative work, that is, a work that is based on (or derived from) one or more already existing works..." 2) Can encoded morphs be legally distributed without permission from the original creator? My gut reaction is no, however, there is no current case law I've been able to find that supports my POV. The only way to know for sure would be to actually submit a case for trial & depend on the judges decision. 3) Is it ethical to distribute morphs without permission? Ethics always boil down to personal views & moral guidelines. Would I do it? No. I always ask & if I don't get an answer I take that as a "no". Grey_Tower... Joat Mon has been identified as the creator of the corset in question & this is from the readme he includes with all of his models. "The geometries are my creation and are free for you to use. They are not for sale and by your using them, you agree not to sell them or include them with anything for sale. If you want to include them with a character that you create, please include this text file along with it. If you render an image using any of the models that I have made, the images belong to you and you have all rights to those images. When I see one, I'll get a kick out of it :`)" pdxjims (nee Dodger) Your moustache argument is a non sequitur at best. The moustache is a separate work, able to stand alone & is not dependent on the original painting in order to be created or used. Once you place it on a painting however the entire work then becomes a derivative of the original. As I pointed out above a morph target is based upon a specific original & requires that original in order to be created/used.