Forum: Freestuff


Subject: Commercial or not commercial??

Lully opened this issue on Mar 09, 2009 · 26 posts


Lully posted Mon, 09 March 2009 at 9:05 AM

In recent weeks I've started to load some of my freestuffs back here and at another site.

I always upload for non commercial use (even then I have seen the stuff used as merchant resource and sold in packs :(

Anyhow, I was wondering what are people's thoughts/views on whether or not to put up for commercial or non commercial usage. Personally I think that someone shouldn't make money from another person's work if they do not benefit financially from it themselves, but understand a lot of folk don't mind this.

I'm only asking as someone has commented on another site "why I have uploaded all my stuff for non commercial use?" and it's got me thinking of what others feel about this.

Thanks for your time

Dawn   :)

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


Connatic posted Mon, 09 March 2009 at 9:36 AM

I will generally avoid downloading something marked "non-commercial" because I have occaisionally sold renders and comics.  I do not want to include a prop in a render having forgotten that I am not allowed to use it.  Maybe some clarification is best, because you seem to be more focused on someone reselling your meshes and have not addressed the render usage.


Lully posted Mon, 09 March 2009 at 9:51 AM

I have tended to spend so much time on looking up terms and readmes if I were to sell a print at the likes of Deviantart (lol thats a joke,think i've sold 1 in a 2 years lol) I can see the benefits in not downloading if you were unsure of whether or not you would use it in a future project.

On my particular freebies, I have always made it crystal clear what my terms are, maybe other categories should be added to freestuffs.

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


CaptainJack1 posted Mon, 09 March 2009 at 10:00 AM

I don't have much stuff that I think is worth even giving away, but when I do post something for free, I always say that anyone can use it for whatever they want. Honestly, it means more to me that someone wanted to use something I gave away (even if they can generate some income from it) than whether I make money off of it.

A thank you note and some kudos gives me a warm and fuzzy feeling that money quite literally cannot buy. 😄


Greywolf Starkiller posted Mon, 09 March 2009 at 10:05 AM

This is a particular thorny issue that has cropped up a few times over the years. People who
use freebies occasionally in commercial renders will avoid the noncommercial  freebies, those
who do this as a hobby only, will get both types. The problem, from what I've read over the
years, is the people who think they have the right to use ANYTHING that's free, in any way they
see fit. They actually have the audacity to castigate the freebie maker for DARING to restrict
their rights. It's a thorny issue all right. I think it's the freebie maker's choice. Don't like, don't
download.

That being said, however, the freebie maker must make sure a noncommercial freebie is
CLEARLY marked as such, so those who don't want them can avoid them.

Greywolf


anitalee posted Mon, 09 March 2009 at 10:11 AM

I avoid non-commercial as all of my renders are used in somthing commercial. I understand where you are coming from, but they are not for me.


Lully posted Mon, 09 March 2009 at 10:19 AM

Quote - A thank you note and some kudos gives me a warm and fuzzy feeling that money quite literally cannot buy. 😄

oh i wish i could have that frame of mind, i love fuzzy feelings :)

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


Lully posted Mon, 09 March 2009 at 10:23 AM

Quote - They actually have the audacity to castigate the freebie maker for DARING to restrict
their rights. It's a thorny issue all right. I think it's the freebie maker's choice. Don't like, don't
download.

I thought this when I read the comment, i did think if it was abit of a dig to make me change my mind, I tend to do freestuff for the hobbiest/ enthusiast to play around with, dont think its good enough to sell (not polished enough).  Anything I do commercially would be something that I sell and as I am no longer selling then that rules that out, :)

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


davewa posted Mon, 09 March 2009 at 10:46 AM

I tend to upload "commercial/non-commercial" stuff.  And being a hobbiest, I don't much care if the item I download is "non-commercial.  The only exception is where my work is fan-art and based on a "restricted use" (a likeness of a copyright or trademarked item without explicit permission to use the derivative commercially) -- then I'm careful to list it as non-commercial.  I never worry too much about somebody lifting my stuff: saying non-commercial in order to prevent that is worse than useless unless you have money for lawyers.


Xerxes0002 posted Mon, 09 March 2009 at 9:54 PM

well even if you allow commercial, put stipulations that nothing for resell such as packs, merchant resources, only final image renders (like Renderosity and others like daz do), no redistribution of the changes/item you made but an image made is fine as long as say a brush for photoshop.  I am not sure of the language but thats what I would say.


Miss Nancy posted Mon, 09 March 2009 at 11:35 PM

add a clause in readme stating that, after contacting you, commercial use may be allowed.  then you'd ask for a 50% cut of the gross.  they would object to that, so you'd gradually allow them to bargain you down to 25%.   I ain't a lawyer.



pjz99 posted Tue, 10 March 2009 at 6:18 AM

Everything I post is listed as "non-commercial", but use in commercial renders is allowed.  I dislike the blanked "commercial use OK" category, because to me that implies resale, or people selling commercial items specifically for use with my freebies.

For those that complain that this is too restrictive, to be blunt: fuck em.

My Freebies


raven posted Tue, 10 March 2009 at 11:04 AM

I agree, the commercial/non-commercial options do need expanding. There should be more options, something like, 
      1: non-commercial, commercial use prohibited.
      2: commercial restricted, use in commercial renders allowed.
      3: commercial unrestricted, use as determined in readme. 

Obviously number 3 needs working out but it's just an example.
I think a lot of people (as pjz99 says) take the commercial/non-commercial tag when uploading freebies as implying resale or commercial redistribution allowed rather than use in commercial renders and so tag them non-commercial yet have readmes saying commercial renders ok.

To be honest, I don't download non-commercial as a whole (only the odd movie/comic items that I know can't be used commercially) even though I don't make money from my pics. I'd just rather have the option to be able to make money should the option arise without having sudden bouts of 'Oh bugger, does that item allow commercial or not?!' and having to worry about having to source and replace elements that don't. 



nyguy posted Tue, 10 March 2009 at 11:26 AM

As a content creator, there are some items I have put the non commercial tag on due to reasons like, with my "brick" people or Star Wars freebie, since I don't own the trade marks or copy rights. Others I have labeled for commercial use with permissions due to I own the right to the products since they are my original items and final the I don't care items that are so general that any one could have made them.

Poserverse The New Home for NYGUY's Freebies


Lully posted Tue, 10 March 2009 at 3:38 PM

maybe I will post in the suggestion box forum for more variety in the usage box in freestuff, there definately needs more clarity for commercial use, to me it means using the item with a view of using the final render in a commercial venture but alot of people take this as merchant resourse.

IF everyone were of the same thinking then I might be tempted to change my mind and allow my freestuff to be used commercially, BUT we all know that alot will see this as MR and I dont want my 'one off' morphs used in a character creation and then resold  :(  Maybe just an additional usage term (not too many as it will end up complicated) the 3 suggestions from raven is good as this then opens up the option of  individual terms within the readme file.

Sometimes the readme needs to be worded so clearly and has to include absolutely everything as if it doesn't mention a certain usage then it is assumed it is allowed (not that someone has not realised it) with regards to the cut of profit, Id rather give that to charity. maybe I should do that, lol. and say "anyone who wishes to use in a commercial way then please donate 5 dollars to a charity and send me the proof " :)

I initially wondered if my reaction to someone questioning my terms was justified (got abit knarked) I havent replied and now feel that I shouldnt have to, at the end of the day its my choice and if they dont like it then i can quote pjz99 lol  ;p

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


brynna posted Tue, 10 March 2009 at 5:26 PM

Yeah, it's all optional - kinda depends on how you feel about your stuff being used. Me, if anybody used anything I have in freestuff in a commercial render I'd be so busy pissing in my pants for joy I wouldn't care. :lol:

Now repackaging and reselling something I'd created would be another issue entirely. Then, everybody would find out that yes, I'm part Irish and have the temper to match. :scared:

YMMV, of course. :laugh:

Seriously, it's up to you, and nobody should criticize you for making the choice you feel comfortable with. And, like you said, you can always quote pjz99.  😉

Brynna

With your arms around the future, and your back up against the past
You're already falling
It's calling you on to face the music.

The Moody Blues

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Lully posted Fri, 13 March 2009 at 2:06 PM

AAAAAAAAAAHHHH!! i got another friggin' comment and i blew me gasket! GGGRRR!

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


CaptainJack1 posted Fri, 13 March 2009 at 3:30 PM

> Quote - AAAAAAAAAAHHHH!! i got another friggin' comment and i blew me gasket! GGGRRR!

Never fear, I modeled ya a new one. Gasket, that is. 😄

You can even use it for a commercial product, if you like. :biggrin:


Faery_Light posted Sat, 14 March 2009 at 12:08 AM

I very seldom download non-commecial items but when I do, they go in a special folder so I know where the readme's are. I don't want to make a mistake and violate the creator's terms should someone want to purchase my artwork. But as creator, you have the right to state what terms you are giving and expect the user to abide by them.


Let me introduce you to my multiple personalities. :)
     BluEcho...Faery_Light...Faery_Souls.


Lully posted Sat, 14 March 2009 at 3:36 AM

Quote - Never fear, I modeled ya a new one. Gasket, that is. 😄

You can even use it for a commercial product, if you like. :biggrin:

oh thanks!! :D noone has ever made me a gasket before, I'll cherish this forever , lol  :D 

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


CaptainJack1 posted Sat, 14 March 2009 at 7:41 AM

Quote - oh thanks!! :D noone has ever made me a gasket before, I'll cherish this forever , lol  :D 

And that's all I ever want of a freebie. It just feels good to be helpful. :biggrin:


KatFeete posted Sat, 14 March 2009 at 9:42 AM

I tend not to download stuff that is flat-out non-commercial. Don't get me wrong, I very, very much appreciate the people who load up freebies and they have the right to do what they want... but I've never been sure where my comic falls in the "commercial or non-commercial" spectrum (I do make money off the ads I guess? Though not enough to pay for even the hosting, so far :P ) and if I ever do a print edition, well -- the idea of tracking down everyone whose work I've used even in a single panel and offering them a cut of whatever tiny profit I make -- it's the right thing to do, but I'm terribly lazy. :)

I can certainly see why anyone would hate seeing their stuff grabbed and put into merchant packages, et cetera, and as I said it's your stuff and you have the right to restrict me however I want. But I am eternally grateful to those folks who put in a clause saying "commercial renders okay," and I try and make sure I give each and every one of them credit.


CaptainJack1 posted Sat, 14 March 2009 at 10:15 AM

I keep a hard drive folder 'specially for free stuff I download. I make one sub-folder for where I got it, and another under that for the user name of the person I got it from. So, if I downloaded one of my own, it would go in the folder FreeStuff/Renderosity/CaptainJack1. I always keep the original archive, even after I install it, just in case. If I ever use something someone else made in a render, I always like to to give them credit, and send a note if possible, about it.

This system makes giving credit a lot easier to do, 'cause I'm pretty lazy m'self. :biggrin:


Lully posted Sun, 22 March 2009 at 2:57 PM

After a long thought and talkies here and over at DAZ ive changed my terms on majoirty of me stuff, they (with exception of tube station) now have limited com use, (no MR) so if anyone is interested now that you can use in com renders there will (hopefully) be a patch coming tomorrow or you can download the whole thing with new licence from the links already available.  :)

Tools:- Win10, Dell XPS8900, ZBrush, Marvelous Designer 11, Hex 2, PSP8. PSP 2019 Ultimate, DAZ Studio, Affinity Photo, Affinity Designer, Filterforge 11, flowscape,  Classic UVMapper, and several headache tablets. 


Connatic posted Mon, 23 March 2009 at 8:32 AM

Thank you!


MoxieGraphix posted Thu, 26 March 2009 at 5:30 PM

I think the commercial/non-commercial categories need to be reworked. Like others, I tend to avoid freebies marked as non-commercial use because I sell my artwork. That way you can specify that commercial renders are okay but other commercial uses are not (such as resale/including in a collection/etc.). It'll make it easier for those of us who do use freebies from time to time to know at a glance instead of seeing 'non-commercial use only' and moving on. Even it it's stated in the details that commercial renders are okay, most of us wouldn't know it.

You have some good freebies, Lully. I'm glad I can go back and download some of the latest ones for my commercial renders :)