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Poser - OFFICIAL F.A.Q (Last Updated: 2024 Nov 13 11:02 am)



Subject: copyrights


darquevision ( ) posted Mon, 30 August 2010 at 2:19 AM · edited Wed, 13 November 2024 at 10:11 PM

if a character or anything like that gets pulled for copyright infringment, are we still allowed to use it?
if so what are the limitations?


Lucifer_The_Dark ( ) posted Mon, 30 August 2010 at 4:39 AM

Add to that question, if the creator of said copyright infringing item has their entire store pulled can we still use the items of theirs that don't infringe copyright?

Windows 7 64Bit
Poser Pro 2010 SR1


JenX ( ) posted Mon, 30 August 2010 at 5:53 AM

It all depends on the situation and whether or not an agreement was met by the original copyright holder and the brokerage that the violating product was in.
I know that here, if an  item is removed for copyright violation, you will be told 1. Whether or not you need to delete it from your hard drive, 2. Whether or not other pieces of the vendor's work you may have are in violation.
There have been times (I don't recall if any of them involved Renderosity products, but, they happened) when the copyright holder has ok'd the further use of the purchased product OR a refund.  Both DAZ and Smith Micro have ok'd use in that instance, but it's always a case-by-case basis, and it's always up to the original copyright holder. 

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Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


JenX ( ) posted Mon, 30 August 2010 at 5:55 AM

 Oh, and in the case where one item of a vendor's store may violate copyright, but the rest of the store is clean, you're free, legally, to use what doesn't violate the law.  However, due to site policy, once a vendor is found to have infringed copyright, their vendor status is revoked.

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Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


darquevision ( ) posted Mon, 30 August 2010 at 8:58 AM

hmmmmmm- ok and is there a way to find out if there has been no information given?


JenX ( ) posted Mon, 30 August 2010 at 9:43 AM

 Contact the store you purchased the product from.  That's the only way you can really find out.

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Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


darquevision ( ) posted Mon, 30 August 2010 at 9:52 AM

ah ok
but the main thing is that i dont recieve payment for project if said product is an infringment?  meaning personal use i should be fine and not really ina  ny violation


JenX ( ) posted Mon, 30 August 2010 at 9:56 AM

If the product you're using is a copyright infringement, regardless of whether or not you, yourself, receive payment, you could still be held liable.  HOWEVER, that would only be if the original copyright holder brings a lawsuit against you.  I haven't heard of it happening yet, but, I'd hate to be the one they set the precedent against, you know?  Why use a product declared to be a copyright violation when there are thousands that aren't?

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Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


darquevision ( ) posted Mon, 30 August 2010 at 10:50 AM

well there is one specifically i am thinking about- and it is because as far as i know there is nothing like- or at least i have not seen it


JenX ( ) posted Mon, 30 August 2010 at 11:45 AM

 Well, my suggestion (remember, I'm not a lawyer, so this isn't legal advice) is to contact the original copyright holder, if the item you want to use was found in violation of copyright, and ask them for permission.  It couldn't hurt, right?

Sitemail | Freestuff | Craftythings | Youtube|

Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


darquevision ( ) posted Mon, 30 August 2010 at 1:00 PM

hmmmmm that sounds great- now i just have to figure out who that copyright holder would be
thank you for all your help


Lucifer_The_Dark ( ) posted Mon, 30 August 2010 at 1:06 PM

Any hint to what item it is? we might be able to point you towards the copyright holder.

Windows 7 64Bit
Poser Pro 2010 SR1


darquevision ( ) posted Mon, 30 August 2010 at 1:09 PM

bruizer


JenX ( ) posted Mon, 30 August 2010 at 1:21 PM

Attached Link: http://www.runtimedna.com/help.php?section=contactus&mode=update

Since he was sold at RDNA, I would double check with them on how to proceed.  I don't recall whether or not bruizer was a problem, but they'd know more than we do.

Sitemail | Freestuff | Craftythings | Youtube|

Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


Lucifer_The_Dark ( ) posted Mon, 30 August 2010 at 1:24 PM · edited Mon, 30 August 2010 at 1:29 PM

Right, as far as I remember that figure wasn't copyright infringing, the Eva figure by the same person was though & Smith Micro & Daz3d both had problems with it.

  Jen is right too, it was sold by RDNA.

Windows 7 64Bit
Poser Pro 2010 SR1


darquevision ( ) posted Mon, 30 August 2010 at 1:24 PM

ok yeah i knew where he was sold but i saw all of IE's products were pulled, ironically i was looking at some galleries on here and some used his/her he bot character. i tried to search around for the reason he was pulled but everything was extremely vague.
thank you- i will contact rdna and see if they can give some insight
and ty both for your help


darquevision ( ) posted Mon, 30 August 2010 at 1:30 PM

yeah i knew about eva- something about S3 but i was not sure abou the rest of his stuff


JenX ( ) posted Mon, 30 August 2010 at 1:37 PM

 Yeah...a lot of times, if a merchant is found to violate copyright, their store is pulled, whether the rest of the items are in violation or not.  And, in the forums, you'll generally get a vague answer, because anything that's said can be twisted to mean something else entirely, so it's actually best to just go to the source ;)

Sitemail | Freestuff | Craftythings | Youtube|

Knowledge is knowing a tomato is a fruit. Wisdom is not putting it into a fruit salad.


darquevision ( ) posted Mon, 30 August 2010 at 1:40 PM

sounds dead on as to what was happening


Lucifer_The_Dark ( ) posted Mon, 30 August 2010 at 1:44 PM

I've put my foot in it in the past on things like that so I kept out of it at the time, it was disappointing though to see a talented person crash & burn like that.

Windows 7 64Bit
Poser Pro 2010 SR1


darquevision ( ) posted Mon, 30 August 2010 at 1:53 PM

yeah that is a shame- however one can hope they learned from everything, and this "pause" from the market will just allow time to further the skill


Winterclaw ( ) posted Mon, 30 August 2010 at 2:18 PM

Maybe, but I'm not sure if the store that pulled them, or any others would take that person on again as a vendor.

WARK!

Thus Spoketh Winterclaw: a blog about a Winterclaw who speaks from time to time.

 

(using Poser Pro 2014 SR3, on 64 bit Win 7, poser units are inches.)


darquevision ( ) posted Mon, 30 August 2010 at 2:25 PM

true- then again one can change name

oh yeah after rdna responsed, seems bruizer is "questionable" again vague solution
my theory is MK has a problem with the character which is understandable seeing as how my first thought was gorro. though i do find it slightly odd, poses for said character are still available


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