Theresa opened this issue on Feb 03, 2001 ยท 10 posts
casamerica posted Sun, 04 February 2001 at 9:14 PM
I would assume, however, that most of the folks who create things here in these forums really define commercial use as making a monetary profit from it. Showing it on a gallery doesn't earn any money for anyone, it just displays it for free. I think the folks who created them here don't really consider that a commercial use.<<< Melissa, legal precedent states otherwise. How many of the artists with pictures in the gallery have asked or directed potential customers to their images there or to their own site? Legally, that IS considered commercial use. To use an image as an example of one's work in the hope of gaining employment or contract work is considered commercial use of that image and, therefore, any textures or meshes within that image even if that particular image or render is never sold. I was, as I stated previously, taken aback by that when told by my attorney. But he was very clear and firm on that point. >>>I think what they mean by this is that if someone wants to earn money for a project that uses one of their textures or objects, that they deserve a small cut of the profit or at least credit for the creation of it. The description from casamerica above may hold true for other things outside of this community, but I doubt anyone here really means to go that far with the "no commercial use" request.<<< What holds true "outside" this community also holds true within this community whether we like it or not. Now, I agree that most of the members of this community truly have no desire to take the "no commercial use" ban that far. However, unless they openly, specifically and unequiviably state so in their Readme file, then they have done so. >>>In any case, I would always contact the artist who created it anyway just to be sure what they really mean, and if they would be willing to give permission to use it.<<< Agreed. Unfortunately, such requests often receive no response at all for various reasons. That is why I do follow my attorney's advice -- if it doesn't openly, specifically and unequivicably state that the texture or mesh may be used in commercial renders or images then it gets deleted immediately. Believe me, that has caused some real heartbreak. There are some wonderful creations here, but I will not take the chance that I may inadvertently stomp on someone's rights. I respect the artists here and I would rather completely lose the use of their creation than mistakenly use it in a manner they did not intend. And, honestly, after having several requests for use went unanswered or unaknowledged I gave that option up. >>>Certainly, if a work is good enough that someone wants to use it commercially, it's a great compliment to the creator of the item and I would hope they would be generous and kind enough to allow use.<<< Even a license fee would be acceptable. I have no problem at all with that. I would have just appreciated responses. >>>As a general rule, we're all a pretty nice bunch here.<<< No argument there at all, Melissa. My disagreement with you on this is not meant as anything more than an attempt to keep friends friends. And there have been a few assumptions that I fear have the potential to cause difficulties, misunderstandings and pain. It was once brought up and discussed that maybe a standard Readme file with permissions clearly stated should be used. I think maybe that would be a good idea for everyone concerned. I have read some pretty confusing Readme files. And since I have now cluttered the forum with my ramblings I will bring this to a close. Take care and Godspeed.