Hello Fellow Brycers

This is for your information and I thought you might like to know.  On Jan 30, 2007 representatives of DAZ3D.com posted a video on youtube.com of an animation consisting of images from many bryce artists here including mine. At first I was excited that my image made it, but then shortly after I discovered that there were no credits and Daz never asked for permission to use my image (or yours). 

If you upload an image to Daz's website the upload agreement states:

"Note: All images in this gallery are copyrighted and owned by the artist. By submitting to this gallery, the artist agrees to grant DAZ the right to print or otherwise re-publish the submitted images in various marketing or web materials so long as credit is given to the artist as the original creator of the image(s). No image(s) may be taken or used without permission by the artist."

Daz3d.com violated the agreement made between the artist(s) and DAZ3d.com in that no evidence of giving credit or any effort to request permission to use any images were made.

As far as I see DAZ3D has violated the agreement and  unauthorized use of material protected by intellectual property rights law. No credit was give to any of the artists in the video. The images were taken and used WITHOUT permission from the artists. 

Twice I wrote to DAZ3D.com, first to their copyright contact with no response then after about 3 weeks  I wrote to customer service ... no response. 

I wouldn't mind so much but I worked very hard and spent over six months to create my image without so much as a any credit. Instead Daz went right ahead to break the agreement to use our images to promote their product.

Any thoughts?

you have a Url of that Video...

Anybody first needs to know if they are in that video no ?

**"By submitting to this gallery, the artist agrees to grant DAZ the right to print or otherwise re-publish the submitted images in various marketing or web materials so long as credit is given to the artist as the original creator of the image(s). No image(s) may be taken or used without permission by the artist."

** They already have your permission to use your picture any way they see fit & the credits are Still attached to the picture on their website are they not?

I'm no lawyer but I think they've got their asses pretty well covered on this one.

http://www.youtube.com/watch?v=1ss-ZYDvaDw 

"They already have your permission to use your picture any way they see fit & the credits are Still attached to the picture on their website are they not?"

Where are the credits or a link to the credits on Youtube.com? What if I delete my image from the Daz website? Where is the credit listed? Now they used my image on their website before and gave me direct credit. Not the case on Youtube.com.

Mmm but that same Video was on the Daz site for a long time ... same video ..why did you not go to them then ?
And if you think your copyright are infringemented ..you take it up with DAZ..
Or Put it UP in the DAZ Forums ..what you write here they can ignore ..when its on there site they just cant can they..
Im not shure what you want ..a amount of money from them or so but,
Copy paste your message from here to there forums and see what happens..

For me... the Quality of the video is so bad that i dont think i whould like my name on it :}

No go and SUI em for 50 billion euro's not dollars thats a waist of money :}

Quote - Mmm but that same Video was on the Daz site for a long time ... same video ..why did you not go to them then ?

I never new it was on their site...ever. 

Quote - And if you think your copyright are infringemented ..you take it up with DAZ..
Or Put it UP in the DAZ Forums ..what you write here they can ignore ..when its on there site they just cant can they..

Im not shure what you want ..a amount of money from them or so but,
Copy paste your message from here to there forums and see what happens..

For me... the Quality of the video is so bad that i dont think i whould like my name on it :}

No go and SUI em for 50 billion euro's not dollars thats a waist of money :}

I already contacted DAZ twice with no reply. I thought I'd ask what other Brycers thought first. 
What I want is an explanation from DAZ ..any response. I first wanted to check with fellow artists. 

No credits in the video or on youtube as a whole but they do link back to their website where people can see the originals in all their glory with full credits, & while it's true you could remove your picture from the site there's nothing stopping them putting it right back as you gave them permission to use it as they see fit by giving it to them.

It stinks but I don't think they've done anything wrong in the eyes of the law.

ps I never saw the video on their site.

i tried to view the video but its been deleted, but if it is the same Bryce promo video they used for the B6 launch, i had an image in that and i do remember being emailed for permission.

The DAZ contract quoted above makes no mention how the artist is to be credited. It leaves the reader assuming a list or some other obvious system to credit the artist. But never assume anything in a contract.

I never was asked permission. Funny how that video is now gone huh? Gee......

Well, at least it seems you got the action you needed.
I'm sure they'll re-edit a new version.

That would be fine AgentSmith. I mean is it really  to much to ask for a little credit? As mentioned I just wanted to see how other Brycers felt about it. I know they all work hard on their images as well.

Oh, yeah. When no $$ is involved credits are always a great way to say thanks.

And, I think most of us would be cool with DAZ as they are usually so cool right back and so giving. Which is most likely why some make the statement about our sigs still being on the images being alright.

But, I'm sure DAZ is knocking on the  video editors door right now, lol.....

Video is gone

Attached Link: VIDEO

No that is not the video.

www.ancientvine.com

My image (badly pixelated) was in it as well and I was chuffed about it (proud).   I had assumed that they had the right to use my works since they've paid me for it.  I mean, all the images used got $25 gift certaificates when they originally chose them for the galleries, did they not?  In a way, you've been paid.  I was happy to see mine there but now it's gone.  Hmmph.

I was never paid, never compensated in any way.  And I may be wrong but only the top ranked monthly images get 25 bucks.

Wow, sorry.  I thought they could only use the ones that were chosen.  I could have sworn I'd seen your images featured before but I must be wrong.  Now I see why you are so frustrated with them.  At least they took it down, then.

Look at the large picture:  If a DAZ video of our sample images begins to circulate through the world, the world will get to know DAZ better, and curiosity will bring more people to DAZ.  There has been no harm done, only benefit.  I just can't see one gram of harm done.  Now if Daz were to sell our images for 1million dollars a pop(or whatever) and took all the profit, then that's a whole 'nother story.

Quote - Look at the large picture:  If a DAZ video of our sample images begins to circulate through the world, the world will get to know DAZ better, and curiosity will bring more people to DAZ.  There has been no harm done, only benefit.  I just can't see one gram of harm done.  Now if Daz were to sell our images for 1million dollars a pop(or whatever) and took all the profit, then that's a whole 'nother story.

Touche..

Quote - Look at the large picture:  If a DAZ video of our sample images begins to circulate through the world, the world will get to know DAZ better, and curiosity will bring more people to DAZ.  There has been no harm done, only benefit.  I just can't see one gram of harm done.  Now if Daz were to sell our images for 1million dollars a pop(or whatever) and took all the profit, then that's a whole 'nother story.

Really now...So if I took any of your images and posted it on the web and called it my own, it's ok? Going by your logic it's ok as long as I don't profit from it. 

Or how about this. I took a bunch of images from artists here, made a video, set it to music, called it Bryce 6, stuck it on YOUTUBE.com  AND called it my own, there would be no harm in that? As long as I don't profit from it right? 

The fact of the matter is people saw the video probably went to daz3d and bought Bryce. Great...Daz profits and not a single credit to the artists who worked hard on their images.  Daz already makes a pretty good penny. I've spent hundreds of hard earned dollars at daz. It simply would have been nice to get a bit of credit.  

Quote -
Really now...So if I took any of your images and posted it on the web and called it my own, it's ok? Going by your logic it's ok as long as I don't profit from it. 

if you took images belonging to other artist and posted them on the net and claimed them to be yours then you are in violation of the copyrights on those images as well as art left even if you didn't profit from them.

I believe and do correct me if i am wrong here, in no way did Daz3d.com state those images they used on that video to be theirs. Infact the only things they claimed to be theirs was bryce,Daz Studio and the video itself.

Hey decadence, I've always admired your work and amount of detail you put into your work. I would think that's why Daz chose to use it.  You got chosen back in May of 2006...perhaps you missed the voucher in your account?  I know other artists have missed seeing it and some wonder where it came from.  Just a thought....

[quote
I believe and do correct me if i am wrong here, in no way did Daz3d.com state those images they used on that video to be theirs. Infact the only things they claimed to be theirs was bryce,Daz Studio and the video itself.
 

Common sense here...they didn't state it was theirs (our images) but by leaving out the credits  of the images that the video contained certainly did not give acknowledgment to anybody else but daz.    

Christ ! I must be really out of line here huh? 

10 years of Poser and Bryce  ... I'll just crawl back under that rock where I came from. Sorry I brought it up in the first place.

Thanks burpee for your help  :)

Okay, now try to relax and just think about this:  If DAZ never posted your images anywhere, would you be better off right now?

So then if someone asked about an image they saw on that video, then DAZ would have to give credits, right? I don't even know where my image went, that I uploaded?? I do see, and agree, what the OP is saying though. This is ART to be given credit for being seen, not used as a tool only, for marketing. The wording can/should be adjusted on their site, as some of it is vague, or can be to loose.

Yes, a link to a web site does not seem to be appropriate credit, at least to me.

Would DAZ be so loose with their software products?  I don't think so.

Movie ad TV credits are shown so fast you dont have time to read all the names.  But they are there.

If you see an advertisement for a new movie starring  "Joe Blow", you can be darn sure "Joe Blow"  would also get credit in the movie as well as any other media advertisement.

*I must be really out of line here huh?
*-Nah not at all, you're just seeing different opinions.

Yeah, if you uploaded an image to the DAZ Galleries and it got accepted (you later saw it in there), you would have a $25 voucher inserted into your account. I forget if you would recieve a notice of that. You may have to just keep checking your account after uploading.

Yes, credit to the artists in the form of say, scrolling credits or similar would be nice. Some expect it, other do not. I would have to say, in my case since I am making $$ with my art, I don't sweat not getting a credit here or there. but, I do understand the opinion that it should be there.

Here's a good example (for decadence's case), the 2007 demo reel for Cinema 4D (with very prominant credits) 

LINK

Somebody forgot target-blank :)

Excellent video...hard to see the credits when my eyes where glued to the graphics.  Fantastic work and whoever put the whole thing together.

Btw, is your first name Eric? :)

The way I see this particular case is like those art sale ads you see on TV where they flash a bunch of nice oil paintings on the screen, and without any credits at all.  The goal of those ads is to bring the public to the gallery, and nothing else.  Imagine if all those painters decided to sue the gallery and the TV stations....  If this society gets any more legally complex, everything may get shut  down.

Ha...okay, now I see the name question!

Nah, if anyone else was wondering the real name is Kirk Dunne.

Link fixed!  ;o)