I have a dilemna and since many of you probably sell your work for a living, maybe you can help me figure this out. I am designing various products that utilize my artwork and I plan to sell them online. However some of the models used in them were created by other designers. I have two examples. In the picture provided, the architecture of the room itself (pillars, arches, doorways, etc.) was created by another designer and posted in the free section of 3D Cafe. I have checked both the website and the readme files within the model file, and neither state any copyright of any kind. I have removed various origional ideas and redesigned the space from the ground up, including creating all my own materials for every current aspect of the room. The staircase has been added and is also another free model from 3D Cafe, again with no copyright notice. Again, I have applied my own custom material to the staircase as well. Can I sell this design as an origional idea, without being nailed for copyright infringement? If you compared this to the origional model you would be hardpressed to see any similarity, except a general likeness in certain architectual details. You could say the origional inspired this creation. The second case uses one of the models included with Vue, the house on stilts, with the pointed roof. Again, the materials have been altered, although no design changes occurred. This was included in the purchased program, so am I legally entitled to use it in an origional creation, without being charged with copyright infringement? What constitutes copyright infringement when it comes to using either free or purchased models?? If I change all the materials, but keep the overall design intact, can I incorporate that idea into my artwork and sell it as my own?? All help is greatly appreciated, as always. Thanks.

As long as you're selling the design you created, and not the model itself, then in most cases, you should be fine. Architectural Vis artists do this all the time. They'll design a room or whatever, and buy the furniture models to fill it with, then sell the design to a firm or contractor. They're not selling the models, just the images that contain them.

Nice looking rendering! --If I understand that you are NOT selling 3D models- but artwork-illustrations- I don't think you have a copyright problem to worry about. It can become a little bit more difficult if a specific image became widely used to promote a major product- or was used in a movie scene. In that case you would need to make sure all your bases were covered legally. That would be because if a LOT of people were seeing the artwork (like millions) and someone could identify it as THEIR design you used- and you didn't have a copyright release- THEN that could be a problem for you.

Attached Link: http://www.3dcafe.com/asp/license.asp

According to the 3DCafe Content Usage License Agreement, you can use the models and textures royalty-free in your images. It does say specifically, "If any of the datasets available on 3DCafe are to be used commercially, or altered in anyway to be used commercially, you must give proper and visible credit in your commercial product, (i.e., Models (Textures) provided by 3DCafe.com). You should make sure you're familiar with the licensing agreements for any models or textures you use, as some (especially freebies here), specifically indicate no commercial use. So as far as using their stuff in images, looks to me like it's ok to use 3dCafe's stuff as long as you give proper credit. As far as the Vue stuff, just because it came with the program, I wouldn't assume anything. If there is nothing in the manual, I'd post at tech support at E-on to be certain. Guitta may know the answer to this one. As long as it's images we're talking about...retexturing and selling the actual models is pretty much a no-no.

You might want to check in the copyright forum here; maybe just link to this thread. There are some folks who hang out there who are very knowledgable about this stuff.

Edited to add; If there's no readme in a particular file, best thing to do is contact the website you got it from and ask them for a way to contact the modeller; that way you can be certain you won't be doing the wrong thing unintentionally. But never assume anything!

Message edited on: 11/18/2004 10:28

as far as the e.on stuff e.on has already stated that everyting in the box is there to be used, as long as were talking about renders and animations, no one can of course resale the models, but using vues models and objects in your own commercial renders and animations is ok.

Thank you very much everyone. I did not find the Content Usage License Agreement on 3D Cafe when I was looking. All of this brings up another question for me. I am going to be using Zazzle.com to provide high quality framed prints of my work, and it clearly states on their website that all uploaded work is to be 100% origional. Now my design ideas are 100% origional, but some of the models used are not. Am I mis-reading this? Thanks for all the help so far!!

Hey, you must check the copyright forum to clear it out. There is a lot of information about it.

As far as Zazzle, I'm sure you can find an email address in their contacts section and ask them directly.

Generally speaking, if you are selling a render, what matters is that you did the render, not who did the models. Just as, if you take a photo, it's your photo, and you have copyright of it. You didn't make everything that appears in the photo, did you?

CafePress has the same stipulation as Zazzle. They mean that you cannot take someone else's photo or design and put it up as your own where it could become a liability. If a model is licensed for a commercial render and you use it in that render, then you are fine. Might not be a bad idea to put in small letters the credit for 3DCafe though. Photographic subjects, like models used in renders, also can have restrictions on what can be used in a photo commercially. Most subjects that can't are certain commercial buildings/landmarks. logos, people, etc. Always best to check first.

Thank you so much for all the responses everyone. I have not dealt with any of this until now and I just wanted to get some clarification before getting into trouble. I respect all artists and don't want to be disrespectful in any way, to anybody. I am asking permission from the origional artists and I am consulting with both CafePress and Zazzle about the issue. Thanks for all the opinions and help. (- :