Forum: Poser - OFFICIAL


Subject: forgive me for asking an age worn question...regarding copyright

P.Winberg opened this issue on Mar 21, 2001 ยท 34 posts


casamerica posted Wed, 21 March 2001 at 4:12 PM

Everytime I answer a copyright related question I get flamed or, worse yet, pshawed. But, I guess I'm just into self-torture. Anyway, I am NOT an attorney. However, I do have an attorney quite experienced in copyright and trademark law. This very question arose a few months ago and I was somewhat surprised at his answer. He said no. If a model states it is purely for non-commercial, personal use then posting an image made with it in a public gallery such as this would be considered a violation of that model's terms of use and, therefore, the copyright protection of the creator. Why? As it was explained to me, a gallery such as the public galleries here COULD be considered a showplace of your work for potential clients. In other words, you COULD be using the galleries to promote your talents. Promotion is considered a COMMERCIAL act even if the work actually used in the promotion is never directly sold for profit. It is actually a bit more involved than that, but he was very firm in his opinion and stated clearly that there is legal precedent. That is why my attorney very, very firmly advised that I delete ANY file downloaded from here or any other archive that does not EXPLICITLY and CLEARLY allow commercial use. So, half to three quarters of the items I dl is deleted right after I read the readme. Most of the stuff I use is either purchased or of my own crude creation. Well, that is what I have been advised by my attorney. You will hear hoots and hollers from many that will state that those who post their creations in Freestuff did not mean their usage to be so restricted. Too bad. Their TOS should state so. If their TOS in their readme, for those that provide a readme, do not EXPLICITLY and CLEARLY allow commercial use, then the most you can do with them is make creations for your own personal, PRIVATE viewing. The only reason I answer these questions is in hopes of preventing people from either innocently stepping on someone's rights or getting themselves in trouble by accident. Also, it is hoped that the very talented creators of the items offered here and elsewhere will take the time to make a clearly defined readme file. But, I will now take a few days off from here to allow the flames to die down a bit. Take care and Godspeed.