New EULA Limitations on Sales of 2D Renders of DAZ Originals Models?

Wanderer

Hi,

Please do not lock my thread. If I have to post it elsewhere (offsite), I will, but I'm trying to solve a problem that's just come to my attention, and I'd like others in the community to voice their opinions on this matter.

Ideally, I'd like for owners of the DAZ Originals Game Developers licenses to answer. I have always understood how it is that we should not sell models in a game in microtransactions in keeping with the applicable EULA. The 3d models ultimately are sold by Daz and they have every right to set whatever boundaries they'd like on how those models are shared in game content. What I do not understand is the addendum to their game developer's license nested within the current EULA agreement. If you read it, it says the following:

• While incorporation of the CRT Content into User’s applications is authorized as set forth above, User expressly agrees and acknowledges that any discrete sale of CRT Content separate from a purchase of the User’s application is allowable ONLY with express written consent of Daz. Thus, for example, within the context of a game, the sale or purchase of the CRT Content, portions thereof, or either two-dimensional or three-dimensional derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of Daz. Written consent of Daz may be sought at the address set forth herein.

Does this mean that they've changed the license so that game developers cannot sell renderings of Daz models in whatever manner they prefer? A lot of sidescrollling games use 2d art and a lot of rendered art may be sold in this way as customized content. This is not violating the use of 3D models provided by DAZ as far as I can tell, so I do not understand how it is that a 2d rendering of said models cannot be sold in whatever fashion the artist desires. There has never been such a limitation upon any rendered used of Daz models before--not without explicit statements prohibiting commercial use. Frankly, I feel tricked because I've spent a lot of money on content that I considered perfectly fine for use in commercial ventures, only to have this change slipped in after-the-fact. But then, read what it says at the opening of the addendum:

 

     The terms of this addendum 3.0 apply to all products the User has purchased via his/her online Daz store account that can be identified in the online Daz store using the following criteria: 

• The “Artist” field in the product page for the Content lists one of the Artists as: “Daz Originals”
• The “Artist” field in the product page for the Content lists one of the Artists an artist which corresponds to the Game Developer License purchased by User.

     All Content that can be identified according to the above criteria shall hereinafter be referred to as “CRT Content”. The terms of this addendum 3.0 do not apply to any other Content. 

 

So the change only applies to those who have purchased the game developers license for Daz Originals and in no other way applies to use of those same models. The way I read this, it suggest that if one wanted to use 2D renders of Daz Originals models, one might be better off without said license because then that entire section does not legally apply, thus there would be no limit on the sale of 2D renders of Daz models. At least that's what I get from this.

I understand a EULA may change at any time, but they seem to be undermining the very idea that you can do whatever you like with 2D renders of 3D models you purchase. What am I not understanding? And please, don't tell me to contact sales or support as I'm seeking a response that is not bound by company etiquette, policies, or fear. I've spent a lot of money in this store and been a good customer, but if they are going to limit what I do with my renders, I may be forced to take my money elsewhere.

Wanderer

You can see it yourself here: http://www.daz3d.com/eula

Richard Haseltine

Do you in fact need a game developer license? If it's a purel;y 2d game (or at least, if the Daz content is purely used to create 2D eleemnts) then you don't. I think this clause is designed to block people trying to get around the limits on using content for in-game purchases and/or to make sure a game can't be used as a way to allow people to render content without buying it for themselves. If you plan a use that would ostensibly fall foul of the clause but is not, in your view, a breach of the spirit of the license then I would suggest opening a Sales support ticket to seek permission.

Wanderer

The problem is this. I have such a license, and I am currently making a 3d game in which I intend to use the content I have been granted permission to use. But the wording of the EULA blocks or appears to block me from using my purchased content in other 2d projects where I might choose to use microtransactions with rendered content. The wording does not make clear what you are saying. I'm seeking permission already, but I fail to understand how such a change is enforceable when the license and a large chunk of content was obtained prior to the change.

 

The terms of this addendum 3.0 apply to all products the User has purchased via his/her online Daz store account that can be identified in the online Daz store using the following criteria: 

• The “Artist” field in the product page for the Content lists one of the Artists as: “Daz Originals”
• The “Artist” field in the product page for the Content lists one of the Artists an artist which corresponds to the Game Developer License purchased by User.

All Content that can be identified according to the above criteria shall hereinafter be referred to as “CRT Content”. The terms of this addendum 3.0 do not apply to any other Content. 

 

The above shows that all content in my account that is identified as Daz Originals, for which I have a Game Developer License, shall be referred to as CRT. The addendum states that no 2-dimensional derivative (what is this if not a render?) may be sold in microtransaction or virtual good format. My current project is not 2-dimensional, but my future project, which I was planning for while making certain purchases from the store, may yet be. However, because of the wording of this EULA change, I am now blocked from doing that because all Daz Original content in my account is now blocked from that use. I think if you saw my purchase orders you'd understand perhaps why this alarms me. I have invested heavily in this content with the understanding that I could use all 2-dimensional renders in a commercial capacity.

Wanderer

Let me correct that... I may make a 2-dimensional game, I know. But what this does is block a signficant potential source of income without gaining special permission from DAZ.