Forum: Community Center


Subject: Can I ask why a freebie is labeled as non-commercial use only?

3dkaya opened this issue on Jan 04, 2019 ยท 20 posts


SamTherapy posted Tue, 29 January 2019 at 9:33 PM

My Freestuff has some items that are based on stuff owned by other interests. I have many Dalek models, for example. Daleks are the property of BBC Worldwide and the Estate of Terry Nation. The BBC has very strict rules about using likenesses of their stuff; basically, you can't. They do, however, usually turn a blind eye to fan art, anything done for personal use and any other non-commercial use so long as it doesn't bring their name or properties into disrepute. That last bit is worth noting because, even with a proper licensing agreement, they get upset if their characters are shown out of context. They had an advert pulled because it featured Daleks being nice, and a tv show had to remove Daleks from several scenes because they were acting out of character.

So, I offer things like my Dalek freebies on the understanding that they won't be used for advertising, sales, marketing, or any other use that isn't going to upset the BBC. If it did, they'd go after the creator of the image and they could, in all probability, make me remove all my Dalek related content. In such a situation, we all lose out. Not ideal.

Some companies do not allow any unauthorized use at all, not even fan art or personal use. The most notorious in this case is Disney, and they have a bunch of very trigger happy lawyers who will jump up and down on anyone they catch using Disney stuff without permission.

Then again, I have a few things that allow commercial and non-commercial use. I personally find it distasteful that someone would make money from an image created out of free resources but that's something I leave to their conscience.

As an aside, I allow redistribution of my Freestuff, so long as it's redistributed intact, and never to become part of a paid for collection, or that there's a fee for use, download or whatever. I do not allow anyone to take credit for my work but - as with so many things - I have no real way of enforcing it. I'd be hacked off if I found someone passing off my stuff as theirs, or making a kitbashed model with my items and passing them off as all their own work. I'd do my best to name and shame 'em, for all the good it would do.

Coppula eam se non posit acceptera jocularum.

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