Tue, Feb 4, 1:46 PM CST

Renderosity Forums / Poser - OFFICIAL



Welcome to the Poser - OFFICIAL Forum

Forum Coordinators: RedPhantom

Poser - OFFICIAL F.A.Q (Last Updated: 2025 Feb 03 12:46 am)



Subject: Copyrights question


jcrous ( ) posted Sun, 13 July 2008 at 10:13 AM ยท edited Tue, 04 February 2025 at 11:12 AM

I have a question about copyrights.
I know the author of a book or file holds copyrights on it.
If for example DAZ design the elephant, they hold the copyright on the files and I must buy the rights to use the file. However they did not make the elephant as it was always there. Nothing forbids me to design an elephant as well and upload it. My elephant will be for example the X elephant where Daz's one will be the DAZ elephant. If broken down it will be found that the two designs is not the same. I can not make my textures work on DAZ's model.
If someone make a model, or start a character for a film for example the mouse Stuart Little and the character is used in the movie, am I allowed to design the same figure for Poser or DAZ Studio? I know my figure will differ drastically with the original figure, specifically if the two models are compared with each other, but they may appear the same. My one for example may have another name like Steven Mouse.
The author of the original character have invented the character as there were never a mouse like him (story based).
I can think of several examples:
Shrek, Scooby doo, Mickey Mouse, Casper the ghost, Darth Vader, Crazy Frog, Indiana Jones, etc.
I am refering to models made as freeware or open source, not intended to make money with.

Regards
Johan


SeanMartin ( ) posted Sun, 13 July 2008 at 10:32 AM

Certainly you can model and copyright your own creations, even if they're modified versions of something like Stuart Little. The key, tho, is to make them adaptations, not direct copies.

Now, there are some who feel that making a mesh of something like a cartoon character (like Mickey Mouse, for example) means it's completely free of copyright because it's a mesh, not the drawn character itself. That, unfortunately, opens the can of worms called trademark, which is very different from copyright. MM, for example, is a registered TM of the Disney Corporation, and his likeness is seriously protected as part of their IP. Even as freebies, youre legally in problematic waters.

So bottom line: tred this way with a great deal of care and caution. Make sure that your "inspired by" characters have enough visible differences to set them apart from their origins, and you should be fine.

docandraider.com -- the collected cartoons of Doc and Raider


mwafarmer ( ) posted Sun, 13 July 2008 at 10:42 AM

In the UK, there is something called "passing off" and it's illegal. In short, if your mouse looks too much like Stuart Little, the copyright/trademark holders may complain that you are trying to pass off your creation as their work and will be annoyed. If your mouse is sufficiently different to their mouse so that there can be no confusion, then there is no problem.

Mike

PS: Would anybody like to buy a Carter watch or some Hugh Boss aftershave? My local market sold both (before the Trading Standards people moved in).


Acadia ( ) posted Sun, 13 July 2008 at 10:47 AM

If it looks so close to the Stuart Mouse, even with a different name, there could be some copyright/trademark concerns on behalf of the Stuart Mouse owner, and I know there would be problems with Walt Disney.

You can post this question in the copyright forum and get a better more detailed answer from someone who actually knows about copyright though:

http://www.renderosity.com/mod/forumpro/showforum.php?forum_id=12395

"It is good to see ourselves as others see us. Try as we may, we are never
able to know ourselves fully as we are, especially the evil side of us.
This we can do only if we are not angry with our critics but will take in good
heart whatever they might have to say." - Ghandi



Jules53757 ( ) posted Sun, 13 July 2008 at 11:30 AM

But, for example you can change the UV-map of your elephant in a way that it can take the textures of the DAZ elephant. Take the gens fom Satanica, the uv-map is the same as M3's.


Ulli


"Never argue with an idiot. They drag you down to their level and beat you with experience!"


shuy ( ) posted Sun, 13 July 2008 at 4:31 PM

Do not know US law.
In Europe just search trademark base and check what is protected. It takes some time and you must study Viena Classes first but online database is free:
oami.europa.eu/CTMOnline/RequestManager/en_SearchAdvanced_NoReg
Professional DB searching by pattent attorney is not free (100 - 600 Euro per TM depending of date)

BTW I'm sure that all US characters are registered in both US and EU bases.


sixus1 ( ) posted Mon, 14 July 2008 at 12:54 PM

Quote - But, for example you can change the UV-map of your elephant in a way that it can take the textures of the DAZ elephant. Take the gens fom Satanica, the uv-map is the same as M3's.

BUT you had better get permission first from DAZ...trust me....


Privacy Notice

This site uses cookies to deliver the best experience. Our own cookies make user accounts and other features possible. Third-party cookies are used to display relevant ads and to analyze how Renderosity is used. By using our site, you acknowledge that you have read and understood our Terms of Service, including our Cookie Policy and our Privacy Policy.