Hi,

Sorry to post such a newbie question. Reading Poser's license agreements I think I understood that movies and still images derived from Poser can be sold commercially. Is that correct so far?

Then, the same agreement seems to go on top prohibit the sale of binary files, which I think basically means any modeling geometry. (What about hair, textures, clothes?).

But - (and this is where I am really mixed up), the same models, clothing etc seem to be on sale on various modeling sites, including this one.

Or is it that the models cant be sold for use in games...?  

Thanks in advance,

-Confused

Dear -Confused,

Perhaps this is a gross over simplification but ...

**If you created it ... you can sell it. 

If you only modified what someone else created ... then you can't sell it. :sad:**

cheers,
dr geep
;=]

First: ANY images made with Poser supplied content , or content purchased from a major store, can be sold  with no restrictions. Note: There are a very few items sold in the store that are not for commercial use.

The supplied and purchased items in General may not be resold, or modified and sold , or used in games as obj files or other geometry format.

If you make clothing or textures you MAY sell them as long as they are your own work.  You may NOT use any of the DAZ figures as the start of the obj file for clothing or props. (or anyone elses obj file either)

Some items sold as "merchant resources" may be used to create things for sale. The resource is usually modified and then sold as a new item. These resources may be stuff lik skin texture, wood, metal etc textures, buttons, lace trim etc. used to make textures for clothing or props.

Always check the read-me file for a product for any restrictions.

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.

Yup, as Sam says there are Trademark issues , and the Right of Publicity for personal likenesses.  Most marketplaces wont pass an item that is in breach of these or copyright.  

Stay clear of anything thats obviously from a movie or computer game and you should be fine.

If you have a specific item in mind feel free to post it. Its much easier to discuss a specific example than generalities.

K4 might be a more appropriate base size for a Tom Cruise morph... :D

maybe that explains, after all the years we've asked for one, no one has ever done an Alan Alda morph...;)

OK that (Dr Jeep) sounds like really good news. (Thanks!).  I think I was looking at this link to Poser World EULA:

In section 3 "you may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone an Image or Binary File, or the right to use an Image or Binary File...."

That is the part I stumbled over. 

Given what you have advised, I guess the above link is not the actual Smith Micro agreement. (Not sure what the relationship is then between Poser World and Smith Micro. Ahh, so much to learn :-)

*Not sure what the relationship is then between Poser World and Smith Micro

*Smith Micro (SM) are the current  "makers" of Poser, they created the lastest version of the software. 

Poserworld is one of many company and websites that sells or gives away content, the stuff that can be used in poser.

Each site that sells/gives away content will have a different licence agreement. So you couldn't apply a poserworld or r'oisty licence to any content that SM or daz sells. Though generally speaking you'll find they all say the same thing.  

Quote - ...Image or Binary File, or the right to use an Image or Binary File...."

Relates to any images included in the content, ie textures, promo images etc.

 Thanks Sam. The was the info I was missing. Appreciate the lesson all!

Attached Link: Wondermark...

Hijack over, please turn around, we're not going to Cuba...;)