Forum: Poser - OFFICIAL


Subject: Considering Work on a DAZ Figure? See this first...

Eternl_Knight opened this issue on Mar 18, 2005 ยท 216 posts


jcbwms posted Fri, 18 March 2005 at 7:57 PM

Despite this cooler person's post, I'm inclined to agree with the statements earlier that this is a contractual issue. Trademarks involved in it make things considerably more difficult to deal with, but they wouldn't cover the program settings. The program settings (these jp's and whatnot) are, according to the intellectual property attorneys I have spoken with, not covered under copyright. The morfs and mesh are covered as software, the textures are covered as images, and the trademark will cover the likeness (which, in this case, they all agreed, after seeing this cooler's post, that trademark infringment is highly likely and all of them would have pursued it as an actionable item). However, all of them deferred me to a contract law specialist who works on copyright cases frequently and downplays that role here, because the Eula takes precedence over everything else. It comes first, foremost, and separately. The person they referred me to is the one that says the Eula, by itself, would stop this so long as the information in the original file is used in the new one. Therefore, based on the above information, it appears at this point that a possible breach of contract and possible trademark infringment have occurred in the creation of this specific character. That is a rather interesting situation to be in, and I, for one, do not find any fault at all in the manner in which it was handled by the parties involved directly. Outside of them, however, I will reserve judgement and mock accordingly.