How can we maintain that a render incorporating copyrighted elements is not a derivative work, and therefore still subject to the original rights holders' copyrights any more than if I were to use a copyrighted photograph from National Geographic as a texture or background? You can't. It is still a derivative work. That does not negate your copyrights on the item. They still remain. The original work's author, however, gains interest in the manner of distribution, and can block such if they choose to. As for the issue of what you can and cannot use... The little option that covers this for the author of a freebie is not adequately explained (and, never has been, although waaaay back when it didn't matter it wasn't important). Since it is not adequately explained, it has always been a matter of interpretation on the part of the person doing the uploading. As such, the response by Phantast in post 11 is correct in some cases, but not in all, in part. While you do own rights to all your own renders, the terms of various artists do vary (for example, the bulk of the japanese stuff is non commercial without prior written authorization -- inclusive of commercial renders). Unless you are certain the creator thinks the same, you risk having them exercise control over the display and sale of your work. And the only way to be certain (as the little option choice is not a protection or gaffe of any sort) is to contact the provider. If, like Xenophonz and I, you have an incredible array of older freebies from folks who are no longer around (both in terms of at this site and on this plane of existence), and you cannot determine such, then by default, the law applies as if no usage were granted, and you can only use the stuff for your personal renders (which precludes uploading them to renderosity, which is a method of distribution). WHich seems rather against the original author's wishes to some extent (let's face it, the majority of folks can be surmised to be uploading the stuff in order to see it used in renders here, just like other sites upload freebies in hopes of seeing renders in their galleries), but, sadly, is outside the realm of the law in its strictest sense. takes another breath exhales Whew. All of that said, my personal rule of thumb, period, is that if I don't know or it's labelled non commerical, I don't use it in anything commercial that I do. IT keeps me out of potential trouble and takes the least amount of effort. If I really, really want to use something, I go ahead and ask -- and often, I'll ask even if it's allowed as a commercial use itme in order tfor me to make proper credit notes should I ever get called on it by my client. (sorry it's not the best news...)

thou and I, my friend, can, in the most flunkey world, make, each of us, one non-flunkey, one hero, if we like: that will be two heroes to begin with. (Carlyle)