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Subject: Copyright


Simbad6 ( ) posted Sat, 22 April 2017 at 5:21 AM · edited Thu, 07 November 2024 at 6:49 AM

Hello, I would like to know if there is any problem with selling a picture made with purchased 3D resources, or free 3D resources.


Boni ( ) posted Sat, 22 April 2017 at 6:09 AM

Best to check with the resources used ... they generally instruct on that. BUT generally an image made from these resources become your own to do as you feel fit. There are some characters that ask that you don't use for porn ... (i. e. Dawn).

Boni



"Be Hero to Yourself" -- Peter Tork


JeniferC ( ) posted Sat, 22 April 2017 at 12:07 PM

Hello,

Great question. Boni is right, but please also check the readme files and keep in mind that our license (and many others) have a non-compete clause for making 2d/3d items to sell from other 3d items. The main point is not to make your pictures in a way that could hinder the sales of the original item. And, that the 'new' works is a compilation of several different resources with 'new' aspects added to the picture. It's rare that this is a problem. But, I'll give the situation we ran into a few times, so it may help you better understand.

I buy a 3d scene. I render images of most of the props in the scene from different angles and save as png file (with no background). Then, package these items to sell. That could be a license and a copyright issue. OR I take that 3d scene, do a few renders of the scene without changes, but simple add a sky in the background for each render/picture, and then try to sell those. That might could also be a license and copyright issue, if the sky is a small part of the overall picture because nothing much has been changed from the original. A good rule of thumb is that you should not use one 3d resource as 50% or more of your 'new works' (your picture).

Hope that helps, Jenifer Carey Renderosity Admin & Copyright Agent

 


Simbad6 ( ) posted Sun, 23 April 2017 at 1:32 AM

Thanks for your answer and the examples you gave me. I didn't think it would be a problem for my picture but I thought it was better to check. And it's good to know that, in some cases, a simple render made with 3D resources can still be a problem. The rule of "50%" makes sense to me. But, do you mean that if I make a crowded scene with many characters, clothes, hair and objects, I have to check the license for every item ?


SamTherapy ( ) posted Sun, 23 April 2017 at 2:37 PM

Content Advisory! This message contains profanity

If commercial use is allowed by the resource(s) you're ok. If they ain't, you ain't.

The examples JeniferC mentioned are specific to scenery resources, where there are sometimes quite specific restrictions to prevent someone effectively re-selling somebody else's hard work.

Example, you make a scene with Victoria (any flavour), Mike (likewise), a car and a house, set in an environment featuring various scene elements and a sky. On the face of it, that's ok. If, however, Victoria is Wonder Woman, Mike is Batman and the car is the Batmobile, you can't do it because DC will jump on you for unauthorized use of their characters. Most organizations - Disney being a notable exception - will turn a blind eye to (which is entirely different from explicitly allowing) fan art but tend to get a tad upset when people other than themselves make money from their characters and creations. Disney, as noted, tend to go stark raving batshit at any and all unauthorized use of their stuff, whatever the reason, when and wherever they are. Any that are still out there are because their legal team hasn't found them yet.

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Glasseyed ( ) posted Thu, 27 April 2017 at 10:21 AM

Just to be clear on this: If I were to create a CG story--a series of 2D renders--and some of the assets I used were licensed for non-commercial use only, I might be in violation of copyright if my story appeared on e.g. a subscription-type comic website. Yes? No? Maybe?

Right now this is a purely academic question since I'm still getting my toes wet, but I have been buying and downloading content like a kid in a candy store. If my skills ever reach the stage where that kind of 'publishing' is a possibility, I'd hate to find out the hard way that I broke the law.

Comments and/or futher clarification would be most welcome. Thanks in advance!


SamTherapy ( ) posted Thu, 27 April 2017 at 12:13 PM

Glasseyed posted at 6:04PM Thu, 27 April 2017 - #4303710

Just to be clear on this: If I were to create a CG story--a series of 2D renders--and some of the assets I used were licensed for non-commercial use only, I might be in violation of copyright if my story appeared on e.g. a subscription-type comic website. Yes? No? Maybe?

Right now this is a purely academic question since I'm still getting my toes wet, but I have been buying and downloading content like a kid in a candy store. If my skills ever reach the stage where that kind of 'publishing' is a possibility, I'd hate to find out the hard way that I broke the law.

Comments and/or futher clarification would be most welcome. Thanks in advance!

Yes. No maybe about it. The terms of "Commercial Use" are sufficiently broad to encompass any exchange of goods, services, payment (including payment in kind), advertising or promotions. It would also cover a scenario where a magazine has to be paid for in order to get hold of the "free" or "non commercial" stuff.

Sometimes, vendors will state specific restrictions, other than just saying "Non Commercial". In all cases, it's best to get in touch with them first, or if that's not possible, don't use the content.

Someone on here used to gripe that restrictions like the above meant that Freestuff wasn't really free. That's just silly; it means "Free of Charge"; any other interpretation is trying to weasel out of a perfectly valid and honourable set of restrictions. My own interpretation is: If you don't like the terms, don't use the stuff.

This, is of course, under UK law and I ain't a lawyer.

Coppula eam se non posit acceptera jocularum.

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Glasseyed ( ) posted Thu, 27 April 2017 at 12:28 PM

Thanks, SamTherapy, I suspected as much but wanted to be sure. I'm too poor to pay a heavy fine and too old to go to jail. ;-)


SamTherapy ( ) posted Tue, 02 May 2017 at 6:04 PM

Glasseyed posted at 11:52PM Tue, 02 May 2017 - #4303729

Thanks, SamTherapy, I suspected as much but wanted to be sure. I'm too poor to pay a heavy fine and too old to go to jail. ;-)

You're welcome. You most likely wouldn't - in the UK - go to jail, since it'd be a civil matter. Likewise, there wouldn't be a fine involved, at least, not in so many words. If you were found at fault, the plaintiff could be awarded damages against you, which would be what the courts think is an appropriate loss of revenue and/or reputation.

Things seem to get different when there's an official body or large business interest involved. Folks such as Disney have the resources to throw their weight around. The rest of us have to get by as best we can. Renderosity and DAZ will help out if necessary but the general rule for protecting intellectual property at our level is "You're on yer own, pal".

Coppula eam se non posit acceptera jocularum.

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