When a ReadMe file says that an object is not available for commercial use does that include using it in images/renders?

In a word yes.

Generally it is agreed that free stuff can be used for public viewings like the gallery and what not. You just can use it to say develop material for a website for a client, or use it in conjunction with a product you want to sell. The best way to make sure is to contact the artist.

Theresa, unless the Readme states specifically that the texture or mesh can be used for commercial renderings and images, then the ban on "commercial use" includes such use in renderings and images. And, with all due respect to Anton, whom I have VERY high regard for, never, ever act based on what is "... generally agreed." It has no basis, protection or strength in law. The ban on commercial use of a texture or mesh includes ANY public posting of that image or rendering. That is based on legal advice from my own attorney whose firm has represented me in business and contract law for nearly a decade. That means that, most likely, 90% of the images in the online galleries here are violating someone's copyright. In the past, I have tried to speak on the need to be more knowledgeable about copyright ownership and protection so that none of us inadvertently abuse the creation of another or inadvertently end up in a legal quandry. However, I have been told on more than one occassion by more than one fellow member that my discussion of copyright was "off-topic", "unneeded" or "unwanted." So I will not clutter the forum with deeper discussion. However, suffice it to say that I was somewhat taken aback when my attorney informed me that the "commercial use ban" legally included ANY public postings of the images or renderings. There were other "... generally agreed upon ... " principles many work under that I was told were equally legally incorrect, unsound and, most importantly, indefensible. But, like I said, I do not wish to clutter the forum. My advice to you, therefore, is the advice my legal representatives have given me -- if the file does not openly, specifically and unequivocably state that it can be used in commercial images, delete it. I realize that it means that you will spend a great deal of time downloading files only to delete them seconds afterward, but, you will rest easier and you will not accidentally abuse the rights of a fellow artist. Take care and Godspeed.

I would assume, however, that most of the folks who create things here in these forums really define commercial use as making a monetary profit from it. Showing it on a gallery doesn't earn any money for anyone, it just displays it for free. I think the folks who created them here don't really consider that a commercial use. I think what they mean by this is that if someone wants to earn money for a project that uses one of their textures or objects, that they deserve a small cut of the profit or at least credit for the creation of it. The description from casamerica above may hold true for other things outside of this community, but I doubt anyone here really means to go that far with the "no commercial use" request. At least I would hope not. If that's the case, then maybe they shouldn't be posting the downloads. In any case, I would always contact the artist who created it anyway just to be sure what they really mean, and if they would be willing to give permission to use it. Certainly, if a work is good enough that someone wants to use it commercially, it's a great compliment to the creator of the item and I would hope they would be generous and kind enough to allow use. As a general rule, we're all a pretty nice bunch here. Melanie

I would assume, however, that most of the folks who create things here in these forums really define commercial use as making a monetary profit from it. Showing it on a gallery doesn't earn any money for anyone, it just displays it for free. I think the folks who created them here don't really consider that a commercial use.<<< Melissa, legal precedent states otherwise. How many of the artists with pictures in the gallery have asked or directed potential customers to their images there or to their own site? Legally, that IS considered commercial use. To use an image as an example of one's work in the hope of gaining employment or contract work is considered commercial use of that image and, therefore, any textures or meshes within that image even if that particular image or render is never sold. I was, as I stated previously, taken aback by that when told by my attorney. But he was very clear and firm on that point. >>>I think what they mean by this is that if someone wants to earn money for a project that uses one of their textures or objects, that they deserve a small cut of the profit or at least credit for the creation of it. The description from casamerica above may hold true for other things outside of this community, but I doubt anyone here really means to go that far with the "no commercial use" request.<<< What holds true "outside" this community also holds true within this community whether we like it or not. Now, I agree that most of the members of this community truly have no desire to take the "no commercial use" ban that far. However, unless they openly, specifically and unequiviably state so in their Readme file, then they have done so. >>>In any case, I would always contact the artist who created it anyway just to be sure what they really mean, and if they would be willing to give permission to use it.<<< Agreed. Unfortunately, such requests often receive no response at all for various reasons. That is why I do follow my attorney's advice -- if it doesn't openly, specifically and unequivicably state that the texture or mesh may be used in commercial renders or images then it gets deleted immediately. Believe me, that has caused some real heartbreak. There are some wonderful creations here, but I will not take the chance that I may inadvertently stomp on someone's rights. I respect the artists here and I would rather completely lose the use of their creation than mistakenly use it in a manner they did not intend. And, honestly, after having several requests for use went unanswered or unaknowledged I gave that option up. >>>Certainly, if a work is good enough that someone wants to use it commercially, it's a great compliment to the creator of the item and I would hope they would be generous and kind enough to allow use.<<< Even a license fee would be acceptable. I have no problem at all with that. I would have just appreciated responses. >>>As a general rule, we're all a pretty nice bunch here.<<< No argument there at all, Melissa. My disagreement with you on this is not meant as anything more than an attempt to keep friends friends. And there have been a few assumptions that I fear have the potential to cause difficulties, misunderstandings and pain. It was once brought up and discussed that maybe a standard Readme file with permissions clearly stated should be used. I think maybe that would be a good idea for everyone concerned. I have read some pretty confusing Readme files. And since I have now cluttered the forum with my ramblings I will bring this to a close. Take care and Godspeed.

Melanie! Due to oxygen deprivation to the brain caused by little sleep and a complete lack of coherent behavior, I addressed you by the wrong name! My apologies! I have to try and stay away from that Kiwi-Papaya drink after its been sitting for too long. Again, I apologize. Take care and Godspeed. casamerica

Out of curiosity has anyone ever entered into litigation (or know of such an action) over work that was marked in the very unspecific terms in the read me as "not for comercial use"? Caused by blatently ignoring the provision or accidental unknowing infringement?

I think casamerica has raised and discussed some important points. However, what I think we are talking about are two different ideas, one is the copyright "rights" as legally defined, and the other is a "license" or grant of use which is defined most usually by contract. The readme files should be considered little contracts or license agreements, if you download the file and use it, the license or readme should be very specific. Since we are generally operating in rather new areas as far as enforcement and contracts arising between parties which are potentially in different states and countries, the forum of disputes becomes important to identify in my opinion within any license agreement. In short the copyright protections and contract or license for use become very important interactive "partners" in how we deal with the artwork and the use of other people's work. The forum is merely a place to put our work, so it is exceedingly important that the readme file become more specific as to what the artists' grant is for use. The reason I would mention this is because if the forum becomes involved too much they also become part of the "distribution" and potentially part of enforcement proceedings. Not that I am saying that the readme has to be 50 pages long, but a process of "I accept the terms" similar to the software packages would be what I am thinking is the high end notice...low end or more informal is the general readme. The issue I think in the most general terms then becomes a way of packaging the free use files so that the terms of the use are accepted in some demonstrable way. I agree we all must consider the "legal" terminology as is being pointed out by casamerica, commercial use has a specific Legal meaning we should become aware of, and in terms of the readme files we must begin to understand the grant of license and contract terms. For the most part we have many members who are new, they are not aware of the legal pitfalls. Posts like these are always relevant and on topic in my opinion.

Casamerica, apology accepted. I've been called by every M name in the book, especially by teachers back in elementary school: Melissa, Marlene, Marie, Marianne. Melanie is sort of different. :) Melanie