[b]this is where venders lose me .
I never know if there stuff is original or not
they make game of thrones ,Spartacus ,etc etc morphs,cloths etc etc.
and they give me a EULA license saying I can use them in my movie.
seriously ?
I'd bet game of thrones ,Spartacus ,etc etc would say other wise.[/b]

Show me one single "Game of Thrones" distributed model on Renderosity. Just one. Show me one "Spartacus" model on Renderosity. Again, just one.

This is a rhetorical exercise... (You don't have to hunt them down, I know what you're talking about.)

First of all, you are entirely correct in that a Vendor can not sell "Game of Thrones" models unless they have a license from the I.P. owner to sell them. And, if they did, they'd have giant H.B.O. stickers all over their product's web page, too. And, it's likely that if you're outside the agreed upon licensed area, like the USA, you couldn't buy it.

But, they CAN sell a product that "looks a lot like" something from Game of Thrones, but they can't call it anything that has been trademarked under Game of Thrones... THAT is where you're having an issue, I think. Those products that you say are from Game of Thrones are not actually "from" Game of Thrones - They just look a lot like something from that IP. The same goes for Spartacus and other movies and shows.

As long as a vendor does not "derive" a product from a trademarked or copyrighted product, which means they can not use things like original imagery, names, trademarked graphics (like Star Wars Imperial Fighter decals) nor can they use original products to derive a product, like putting an image in something much better than "faceshop" in order to derive Darth Vader's helmet, they can, within the "grey areas" of trademark/copyright law, produce products that have much of the same artistic flavor as a trademarked product. But, the can not claim it as being that particular IP. So, you get things like "space fighters" and "dragon princesses" and stuff like that, all attempts to distance the product from the original IP from which it was possibly "inspired."

Would HBO or whoever owns the IP for the show "Spartacus" say anything? That's hard to say. Since the products are not using any trademarked names, hopefully, then it's more difficult to claim them as derived works. HOWEVER, and this is becoming A Very Big Deal ™, if a representation is made of a celebrity who is playing a fictional role in an IP owned by a third-party, there's a lose avenue for contention, there. This isn't quite a legal turmoil, yet, but it may become one in the future. One could promote the idea that the "look" of a particular actor playing a particular character is actually part of the IP, itself, and governed under trademark law. The actor, after all, was subjected to a particular makeup process that is heavily documented and regimented in the IP, for continuity purposes, and that sort of documentation is on the table of every makeup artist involved in producing that "character." This is different from actors/celebs owning their "rea life" faces/likenesses.

Some IP owners would try to ignore such things, believing that there is no direct competition being offered and that all such "look alike" products do is promote their IP. Many purposefully avoid having to acknoweldge such possible infringements (But, they won't ignore a direct infringement!) because they don't want to have to set official precedents. However, some IP owners rigorously defend their trademarks and copyrighted materials, going to extreme lengths to protect their property. I guarantee you that Disney does and anything that Disney owns, including certain space-opera IPs, is rigorously defended and actively pursued on the 'net. Developers/distributors beware...

I am not an attorney. But, as it stands right now, you should not have any problems using any of Renderosity's products if the license for that product covers the use you intend it for. Document your assets, though. That way, if there is a problem, due to changing law or new litigation practices, you have a paper trail and know who it is you can sue for claiming false licensing rights. :)

For myself, I would never, ever, sell a product that was "derived" or "inspired by" a third-party IP unless I had a license to do so. Why? Because - It just isn't worth the possible hassle and, in my opinion, entirely original works are the mark of a true artist. I would, and have, provided "free" items that were inspired by or bear a resemblance to certain IPs, but all my licenses have specifically stated that they were for personal use and could never be included in any product for sale or redistribution. I stay within "Fair Use" practices and try to distance anything I create as far as possible from any point of infringement. I also stay away from trademarked names and I never copy/accurately reproduce any logos, fonts or trademarked symbols, either, for any freebie items. Why? Because... that's just how I roll. I respect IP owners and, thus, I don't have to pay lawyers very much... :)