Legal and Commercial Use
I have created a "Superhero" character using Daz 3d 4.6. I would like to create a mould for this characters and create an action figure that i might sell. I was wondering of there are any legal or commercial limitations to doing this and what needs to be in place so that i can do this. I would really appreciate some guidance on this.
Comments
Safe answer would be 'no'.
To make anything which you want to make physical 3D objects with, they'd have to totally your own work. Modeling normally being done in programs such as Max, Modo, Blender, etc. One can use the program Daz Studio in the workflow but Genesis and all the other figures sold in the store do not as yet have any 3D printing licenses or that type of thing available.
And of course if this 'superhero' bears any remarkable resemblance to any of the known superheroes, there are a bunch of other companies which hold the trademarks and/or copyrights to said figures. So to create and sell said figures, one would need to purchase licensing rights [if I have the right terminology] from said companies IF they are available for purchase ... and the price would undoubtedly be steep.
This is not to be taken as legal advice nor company policy ... I'm just a customer too.
The gaming license might give you more freedom on how certain figures sold in the store may be used, but I'm not sure if that would cover tangible objects. Best bet here if this looks to be what you want would be to contact the company via CS.
Thanks Patience55. Do you have any idea where I can go to get this information and find out what it would cost and if they would be able to give me a license?
The Character is rather unique so i don't think i would run into any issue with the regards to copy right. But i will do my homework on that.
I'm afraid your wrong. The DAZ 3D EULA does not at this time allow 3D printing of items created from content from DAZ 3D. That is still one thing DAZ 3D has not decided if they will or will not do as far as I have read yet. This has been brought up many times in the past and so far the EULA still has not changed. Until it does 3D printing is not legal. And again I say that I have read. I suggest you contact DAZ 3D for the full info from them.
You should study the DAZ 3D EULA, http://www.daz3d.com/eula especially the part which does touch on 3D printing
Then as has been suggested you do need to get in touch with DAZ 3D, to see where you can go from there as regards the availability of this license
I have gone through this and...its not in simple English..but my interpretation is that, one can get work created in Daz 3d Printed or molded by an external entity. I have sent an email to Daz about this.and I'm just waiting for a response. i will be interesting to what the position is on this.
Well all the best with your request. I know when I asked about it the answer was, in politely worded longer form, "no".
The gaming license is sold in the store ... it says something about permitting redistribution of the 3D mesh in the games ... I don't think it means tangible items. But at any rate they are the best ones to speak what they mind or don't you doing.
Mec4D sells some stuff with 3D printing licenses including, last time I looked some morphs of Genesis. ???? how come that was/is possible.
If this is another matter, mods feel free to edit out this paragraph.
There are tutorials for sale and free; there is information in the forums -- one can learn how to model their own figures from scratch, how to make a triax weighted figure - or a legacy rigged one -- and that figure you can do with as you please. There is the "Make Human" figure which could be used as a base if so desired. Some can create terrific models in Blender, others use Zbrush or one of the other programs. There is also Hexagon of course which is inexpensive albeit an older program. 3D coat is a good program to look into as well. It's latest update is actually geared for 3D printing.
As far as the character goes ... show it to a few unsuspecting friends and see if they recognize it. If they do, make changes.
Bottom line for any, esp major commercial ventures, is of course that it is best to consult a real lawyer* in your home state/province/country. They can do trademark checks and stuff like that too.
*[not an internet who knows who one is really talking to --- could be a trained chimp!] [honest was reading about that some time back ... to be careful of one word answers in chat rooms --- some group had their chimps in training lol ...]
.........................
Now what any of us can do with our character creations made Daz Studio are make renders of still or to be animated images. Some use these for making comic book pages and book covers, stuff like that. I don't know what type of game you're putting together, but if you use something else for actual game pieces ... what you can do with the rendered images are things like, for the backs of playing cards, decorating the box with images, "the paperwork" stuff. And that doesn't require any special license.
I can't recall the details of the Mec4D license but I suspect it was in relation to items sold though her own store. DAZ 3D could grant licenses to print content through the DAZ 3D store, but they obviously could not grant licenses to print items from other stores - that would have to be done by the other stores or the vendors selling there.
Absolutely! Said licenses are at her store, for her products. [the confusion to me is how can one print a morph ... if one can't print the base ... but I shall leave the logics of all that to others]
Saw a neat ad once from an airlines ... selling the world for, I think it was about $5. hehehe ... still waiting for the deed lol ...
Great info Patience55, I will look into the other software that you have mentioned. I'm just wondering, If i get a gaming license for my characters that i created in DAZ 3D, and the game is a commercial success (assuming the license allows me to sell the game) would there be no opportunity for the expansion of the game into an animated TV or Internet series, and even further, into an action figure range? I would have thought that most game creators and cartoonists would see this as a long term strategy for what they create. I particularly want to create and commercialize a physical figure the can be bought in toy stores, and will be marketed through a number of campaigns. I think the DAZ 3d should look at making this policy clearer. As much as i have come to love the application and regardless of the outcome of this, i will continue learning to create characters, i hope that this is something that they clear up soon....
One point you need to bear in mind is that the DZ 3D licenses, whether the base EULA or the gaming license or the putative 3D printing license, are non-exclusive, so to the extent that your characters used stock items you would have limited opportunities to stop others marketing characters that looked like yours. This is one of the big reasons for the big studios and game developers creating their own assets from scratch - they have exclusive rights to the assets.
If you do want to explore your options for printing out physical models from content from the DAZ store please open a Sales Support ticket to discuss whether a license can be made available.