If I download a freebie (from here or anywhere else) that either doesn't have a readme file or has one that doesn't mention usage restrictions at all, is it legal for me to use the item in a commercial render?

What if I create something for personal use, show it for personal use, but sometime in the future a commercial opportunity comes up and someone wants to include "my creative works" in something for sale?
[yeah, like that's going to happen to me]

Before they made me they broke the mold!
http://home.roadrunner.com/~kflach/

When in doubt, contact the creator of the freebie first. Copyright is automatic as soon as the artist creates it, there needn't be anything in writing to imply it. Usually paying a very small 'per use' licensing fee when you actually have a commercial opportunity would be acceptable to most people.

I think there is some cloud over the idea that it was given out freely and it becoming public domain if there is no referance to useage or copyright symbol at the very least. No you can't claim it as your own, but there is no clear cut legal protection without spending alot of money on the side of the artist to prove that image uses their work. For everyones comfort and understanding, artists really do need to be specific in the read me.

[Barbarallany] - I, too, would appreciate if things were presented more clearly in a readme file.
I'm extremely grateful for the freebies but I recently - for the first time - had to make some choices about what props I used because it looked like I might actually get paid for using Poser. I played it safe and used clearly commercially OK props.

I don't want to screw anyone over (!!!!!). I just want to use the best props available and wish it was easier to identify what was really available.

[Alleycat169] - unfortunately I can't contact the creator of all my stuff because some of the items don't have readmes.

As I grow in skill and commercial potential (I haven't been paid for anything I've done using Poser - yet) I will buy my props. Until there's real income I have to sweet talk my wife into spending more money "on that darn computer" - and believe it or not, sometimes that's a challenge [grin].

Before they made me they broke the mold!
http://home.roadrunner.com/~kflach/

Have you tried clicking the "by" link and sending the creator an email or instant message?

heyas; the official copyright cops told me, that the item has to explicitly state it is cleared for commercial use. if it is vague, or un-mentioned, or absent alltogether, then it's the same as having a non-commercial restriction. bummer, but that's the way it goes.

Can I second what gryffnn said? The only time this ever came up for me, I emailed the creators of the bits I wanted to use - and they all said 'sure go ahead, we don't mind!' Though I was quite happy to pay if they wished. Just goes to show what a little courtesy can get you. (it turns out my attempt didn't bear fruit so I never got paid anyway. sighs, oh well... But the thought was there and I'm still grateful for the contributors' kindness)

None of my Free Stuff items have any commercial restrictions, and I usually say as much in the readme. You might want to be careful with the Olympic medals, however ... don't want the Global Sports Police knockin' on your door.

hey, if I put up something the read me clearly states the only limitation in use is redistribution. use it personally or commercially no problem. (like I own your art and can stop you from selling it) don't give away or sell the item itself, but your renders are yours to do with as you please.

Several months back, I was sitting at my computer at about 1:00am with my TV on, and this mini-mercial comes on (one of those ads that's between a commercial and an infomercial in length, if you're familiar with them?) for some "snake oil potion" to lose weight. I happened to glance up at the TV and there was our model! The person using our product purchased it I'm sure, since it was one of our stock models, but we were more than okay with this. (The particular model is not one I'd have chosen, but it was cool to see it on TV.) I think it's probably best to check with the creator if possible, and steer clear of this scenario altogether.... 'CUZ (and I speak from experience,) YOU CAN GET INTO TROUBLE IN YOUR COMMUNITY IF YOU DON'T KNOW THE RULES FOR SURE! ;) But seriously, unless you plan to make buckets of money "RE-SELLING" someone else's product, artists are usually just going to be flattered. (Just as we are when this has happened in the past.) .... Just adding my 2 peanuts to the gallery since I have some time to do so now! Cheers! pg

gryffnn & peejay, If the situation arises and I can determine that I got the object here, that's what I'd do. Unfortunately I don'tknow where I got all my stuff. I look all over the web. There are wonderful models on some of the sites in Japan but I can't always remember what came from where. I can't always read the readme either, come to think of it. I've started being more careful trying to keep track of things. I even download the thumbnails so I can remember what the thing looks like (yes, I download stuff and sometimes don't install it right away). bloodsong That's what I really needed to hear. I knew that that was the safest way of doing things but I hoped that it was the opposite way (OK to use unless stated otherwise). I've heard that most of the people here are good about giving permission. Kozaburo and his legendary hair come to mind. I have no problem with the thought of paying. I'd be paying for supplies if I were the manufacturer of a tangible product. This is fair, too. Thanks!

Before they made me they broke the mold!
http://home.roadrunner.com/~kflach/

Thanks to the others who responded while I was taking forever writing my 17:51 reponse.

Once again, especially thank you modelers.

Note to Jaqui: Are you sure it's really art if you use someone else's models?

NO, NO, NO - don't answer that!!! I've seen that statement (and the associated wars) a number of times since I've started coming here. I was just kidding!

Big Smile!

Big Smile!

Big Smile!

Big Smile!

Big Big Smile!

Before they made me they broke the mold!
http://home.roadrunner.com/~kflach/

Using common sense as a guide, I would suspect bloodsong hit the nail on the head. As my business law teacher was fond of saying, "There is such a thing as a verbal (or implied) contract , but you'd better have it in writing."

~L~