aspiring3D opened this issue on Sep 22, 2010 · 12 posts
SamTherapy posted Wed, 22 September 2010 at 5:58 PM
Following on from the Good Doctor's advice, there are further restrictions in force when it comes to making models and/or textures of certain trademarked items. Even giving them away for free may be subject to restrictions, depending on the items involved.
For example, if you were to make a model or texture based on a Disney character you'd find yourself in very hot water, very quickly, regardless of whether it was for sale or free. Disney's lawyers are some of the most vicious in the world and absolutely do not permit copies of their stuff, including fan art. Most other companies are somewhat more relaxed about it but if in doubt, check with the owners first.
Many content creators get round the restrictions by not naming their stuff the same as the original. For example, I have made model Daleks, based on the characters from the Doctor Who TV show. I don't call 'em Daleks, though. Even though they're freebies, I could find myself in a world of trouble if I did. I'd definitely find myself in a world of trouble if I tried to sell them, even though there are people on TurboSquid who do just that (and their models are nowhere near as good as mine, either).
Likenesses of real life people can be tricky but the law is unclear and contradictory on this. Generally, a likeness of Tom Cruise (assuming you can get a really, really short morph for M4) would be ok as long as you didn't call it Tom Cruise. You'd probably be better off calling it Tom Barkingmad. Or something like that.
I am not a lawyer but the basic advice is, if it's in any doubt, don't.
Coppula eam se non posit acceptera jocularum.