EULA Update & Editorial Licenses Coming to Daz

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  • Robert FreiseRobert Freise Posts: 4,458

    I did a web search specificaly for editoril license 3d and here is what I found Note the last restriction

    Allowed Editorial Uses

    • Rights Holders: The company or individual who owns the Depicted Intellectual Property is allowed all uses in the 3D Model License as if the 3D Model were not labeled with “Editorial Use.”
    • Official Licensee: You may have an explicit written license with the owner of the depicted IP and are allowed any or all uses in the 3D Model License
    • Broadcast, Online or Print News. Examples include a news broadcast using a 3D Model of a Boeing plane with an Editorial Use label to discuss a company merger, and a journalism blog using a 3D Model of Superman with an Editorial Use label when describing box office numbers for a new movie.
    • Documentary. An example is a jazz documentary using a 3D Model of a Fender guitar with an Editorial Use label which discusses the use of Fender guitars and their role in the musical popularity.
    • Academics. Examples include a university computer engineering student using a 3D Model of a Stadler Kiss train with an Editorial Use label to highlight layering techniques for computer animation, and a high school technology teacher using a 3D Model with an Editorial Use label of Spiderman during a class discussion of animation.

    Types of Editorial Uses Not Allowed

    • Advertising. No advertisements (video, print, other), billboards, tradeshow or exhibit displays, etc.
    • Merchandising. No physical product for resale, video game, etc.
    • Defamatory. No defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter.
    • Branding. No incorporation into a logo, trademark or service mark.
    • Commercial Purpose. No commercial, non-news related purpose.
    • Modification. A 3D Model with an Editorial Use label may not be modified so that it no longer contains Depicted Intellectual Property.
  • barbultbarbult Posts: 24,302

    Richard Haseltine said:

    Daz content does not geenrally limit number of renders that can be made, why would it for these items do so? I think you are applying an incorrect set of expectations here, based on misunderstanding what is being offered.

    Exactly right. We don't understand what is being offered, and Daz employees will not come back here to offer any explanation. If they expect the EULA to be the only and final word from Daz, and for each user to read and interpret the EULA for themselves, then Daz could at least come here and say THAT.

  • FauvistFauvist Posts: 2,114

    Robert Freise said:

    I did a web search specificaly for editoril license 3d and here is what I found Note the last restriction

    Allowed Editorial Uses

    • Rights Holders: The company or individual who owns the Depicted Intellectual Property is allowed all uses in the 3D Model License as if the 3D Model were not labeled with “Editorial Use.”
    • Official Licensee: You may have an explicit written license with the owner of the depicted IP and are allowed any or all uses in the 3D Model License
    • Broadcast, Online or Print News. Examples include a news broadcast using a 3D Model of a Boeing plane with an Editorial Use label to discuss a company merger, and a journalism blog using a 3D Model of Superman with an Editorial Use label when describing box office numbers for a new movie.
    • Documentary. An example is a jazz documentary using a 3D Model of a Fender guitar with an Editorial Use label which discusses the use of Fender guitars and their role in the musical popularity.
    • Academics. Examples include a university computer engineering student using a 3D Model of a Stadler Kiss train with an Editorial Use label to highlight layering techniques for computer animation, and a high school technology teacher using a 3D Model with an Editorial Use label of Spiderman during a class discussion of animation.

    Types of Editorial Uses Not Allowed

    • Advertising. No advertisements (video, print, other), billboards, tradeshow or exhibit displays, etc.
    • Merchandising. No physical product for resale, video game, etc.
    • Defamatory. No defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter.
    • Branding. No incorporation into a logo, trademark or service mark.
    • Commercial Purpose. No commercial, non-news related purpose.
    • Modification. A 3D Model with an Editorial Use label may not be modified so that it no longer contains Depicted Intellectual Property.

    News, documentaries, and academics - that's it?  No other uses? 

  • Robert Freise said:

    I did a web search specificaly for editoril license 3d and here is what I found Note the last restriction

    Allowed Editorial Uses

    • Rights Holders: The company or individual who owns the Depicted Intellectual Property is allowed all uses in the 3D Model License as if the 3D Model were not labeled with “Editorial Use.”
    • Official Licensee: You may have an explicit written license with the owner of the depicted IP and are allowed any or all uses in the 3D Model License
    • Broadcast, Online or Print News. Examples include a news broadcast using a 3D Model of a Boeing plane with an Editorial Use label to discuss a company merger, and a journalism blog using a 3D Model of Superman with an Editorial Use label when describing box office numbers for a new movie.
    • Documentary. An example is a jazz documentary using a 3D Model of a Fender guitar with an Editorial Use label which discusses the use of Fender guitars and their role in the musical popularity.
    • Academics. Examples include a university computer engineering student using a 3D Model of a Stadler Kiss train with an Editorial Use label to highlight layering techniques for computer animation, and a high school technology teacher using a 3D Model with an Editorial Use label of Spiderman during a class discussion of animation.

    Types of Editorial Uses Not Allowed

    • Advertising. No advertisements (video, print, other), billboards, tradeshow or exhibit displays, etc.
    • Merchandising. No physical product for resale, video game, etc.
    • Defamatory. No defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with such specific subject matter.
    • Branding. No incorporation into a logo, trademark or service mark.
    • Commercial Purpose. No commercial, non-news related purpose.
    • Modification. A 3D Model with an Editorial Use label may not be modified so that it no longer contains Depicted Intellectual Property.

    This is a different license, the terms have already beens et out at the top of this thread. What other "editorial licenses" offer is completly beside the point and trying to extrapolate is simply causing additional confusion.

  • ByrdieByrdie Posts: 1,783
    edited August 2022

    Dear Daz:

    You keep using that word. I do not think it means what you think it means. 

    And that right there is the problem.

    Post edited by Byrdie on
  • kyoto kidkyoto kid Posts: 41,083

    ...what Robert posted is pretty much what I have also found at several pro content sites.   All the conditions fall under the term "editorial". This is what I and others have gone by..

    What we are hearing here is basically Daz is planning to sell restricted IP content that cannot be used for individual profit.  Thus it should simply be labelled "non commercial/personal use" only  Specifics also need to be listed in clear non legalise terms as well as what constitutes "commercial  and non commercial use" (some points such as contests were already brought up). 

    That would end all the speculation and help to keep people from running afoul of IP legal trouble.

    As was also mentioned these products need to be clearly identified in the store as such and able to be filtered out, or have their own separate store site so community members don't waste their money and time.

    Doing things in a more simple straightforward manner benefits all.

  • DustRiderDustRider Posts: 2,750

    kyoto kid said:

    ...what Robert posted is pretty much what I have also found at several pro content sites.   All the conditions fall under the term "editorial". This is what I and others have gone by..

    What we are hearing here is basically Daz is planning to sell restricted IP content that cannot be used for individual profit.  Thus it should simply be labelled "non commercial/personal use" only  Specifics also need to be listed in clear non legalise terms as well as what constitutes "commercial  and non commercial use" (some points such as contests were already brought up). 

    That would end all the speculation and help to keep people from running afoul of IP legal trouble.

    As was also mentioned these products need to be clearly identified in the store as such and able to be filtered out, or have their own separate store site so community members don't waste their money and time.

    Doing things in a more simple straightforward manner benefits all.

    As I understand it, "non commercial/personal use only" is a much different license than editorial use. For example, an item with a typical non commercial use license could be used (posted on line) in an image with nudity or with someone wielding a sword. With an editorial license, either or both of these examples may not be acceptable fair use if the original IP holder feels it is damaging to their reputation/profits/brand. I copied what Robert Freise already posted and quoted it below. Note that fan art isn't mentioned as allowed use. As many here may already note, fan art is often acceptable to the IP holder in some situations. This seems as if it can be a rather slippery slope, and a bit of a moving target as to what might be acceptable and what isn't.

    Allowed Editorial Uses

    • Rights Holders: The company or individual who owns the Depicted Intellectual Property is allowed all uses in the 3D Model License as if the 3D Model were not labeled with “Editorial Use.”
    • Official Licensee: You may have an explicit written license with the owner of the depicted IP and are allowed any or all uses in the 3D Model License
    • Broadcast, Online or Print News. Examples include a news broadcast using a 3D Model of a Boeing plane with an Editorial Use label to discuss a company merger, and a journalism blog using a 3D Model of Superman with an Editorial Use label when describing box office numbers for a new movie.
    • Documentary. An example is a jazz documentary using a 3D Model of a Fender guitar with an Editorial Use label which discusses the use of Fender guitars and their role in the musical popularity.
    • Academics. Examples include a university computer engineering student using a 3D Model of a Stadler Kiss train with an Editorial Use label to highlight layering techniques for computer animation, and a high school technology teacher using a 3D Model with an Editorial Use label of Spiderman during a class discussion of animation.

    As I understand it, DAZ will not need to, or have authority to, monitor the use of any products sold under the editorial use licensing. Their responsibility is just to ensure anything that needs to be sold with an editorial license is sold and represented as having an editorial license. It is then the responsibility of the user to ensure they comply with editorial licensing terms (something that probably is not defined by DAZ - I have no clue who is responsible for defining editorial licensing terms and conditions). If the user fails to comply with the intent of editorial licensing and the IP owner discovers the inappropriate use, it is their responsibly (the IP owner) to notify the artist/creator of the work(s) to cease and desist, remove/destroy the images, and/or seek compensatory damages.

    I agree with everyone else here wishing that DAZ would give an official response clarifying exactly what can and can not be done with an editorial licensed product. Examples would be greatly appreciated as well. Without a clear understanding regarding the appropriate use of this type of content, I seriously doubt I will ever purchase anything with an editorial license. TBH, it just feels wrong to me to purchase an item made to represent IP that does not belong to the person/company selling it.  This seems to be a common practice/use of editorial licenses for 3D content (though a common use for stock photos and videos are images/videos where getting the permission of people in the video isn't practical/possible - for example videos captured on a cell phone by a bystander in a news event).

     

  • plasma_ringplasma_ring Posts: 1,025
    edited August 2022

    I avoid downloading anything that doesn't have a commercial license, but I would be super surprised if the main use for this isn't stuff similar to the Grimes collaboration where they partner with an IP or a celebrity to offer content, e.g. "New Batman movie's coming out! Download this official G8M Batsuit and enter your fanart in our Official Batman Contest!" Having an established license for that kind of thing is way less of a nightmare than trying to negotiate individual usage terms. 

    "Editorial" on most 3D sites is pretty handwavy and I mostly use it as a way to check whether a neat looking weapon is recognizably from an IP I have no familiarity with. In some cases I've picked up stuff from the store here and only later found out it was basically a 1:1 replica of something from The Witcher or whatever. On the one hand, I take private fanart commissions and it's nice to have options. On the other, I also do original work and it would be kind of helpful to have a clear line between "anime-inspired sword" and "literally just the S-Rank Glaive of Fandom Discourse from Genshin Impact with slightly different colors." 

    Post edited by plasma_ring on
  • kyoto kidkyoto kid Posts: 41,083

    ...there still needs to be some form of easily recognised identifier for these products so people don't purchase them by mistake. They should also not be offered a Daz+ Freebies or as Daz+ products as that would lessen reduce the value of membership. I still believe this should be its own unique category separate from the regular Daz products. or at the very least, have a filter to exclude them when shopping. If Daz is going to go by the definition of "Editorial Use licensing, then the restrictions should be presented in a very clear, straightforward and easy to understand format rather than a bunch of legalese "mumbo jumbo".

  • I will add, that the license needs to be clearly shown on the product, and ideally be able to be filtered out in shop listings, to reduce the friction of purchasing for those of us who care about licensing and purchasing with commercial potential in mind.

    If we have to look at the individual item page, and look for the license link, and click on it, that increases the friction for purchase expontentially, and a number of us who need to be aware of it and have seen the rollout will choose to reduce our purchases in response to that.

    Note: Yes, I have purchased digital content that I can only use on a non-commercial and in some cases purely personal basis, but in all such cases that was a conscious decision for me. What we're all asking for is that it be clear so we can make that conscious decision without added footwork, and more importantly tell us whether or not you're going to do so before rolling this license out, so that we know how to handle it.

  • watchdog79watchdog79 Posts: 1,026

    Remind me again, anyone, please, when was the last time this thread got any official post from Daz?

    My trust in Daz is getting a bit low now.

  • FauvistFauvist Posts: 2,114

    I'm not risking getting sued by using "editorial use only" content on the Internet.  I don't care how the license is worded. 

  • This is not the place for legal debates, if you want legala dvice you need to consult an actual lawyer.

  • Matt_CastleMatt_Castle Posts: 2,592
    edited August 2022

    Richard Haseltine said:

    What other "editorial licenses" offer is completly beside the point

    It really isn't. If Daz's use of terminology is inconsistent with what is standard across other companies in the stock assets industry - or even what the licences actually cover (this would rule out many genuine editorial uses) - it will cause unnecessary confusion and possible licence misuse.

    Lots of people are very poor with legalese. Despite it being specified in the EULA, I regularly have to clear up confusion with people on Discord about what an "interactive licence" covers, simply because the choice of naming completely muddies the water; as is, a pre-rendered "Choose your own adventure" could definitely be thought of as an interactive experience, but would not require the licence. A live-rendered tech demo might allow no viewer input, but definitely would. Anyone who's spent enough time assisting the community has to know that this disjoint between the actual terms of the licence and its naming does cause misunderstandings, and I think it is extremely ill-advised for Daz to launch another licence where the naming contradicts common usage or logical interpretation.

    Daz's primary stipulation here appears to be that these are non-commercial licences, which is actually a circumstance "editorial use" typically permits - US fair use specifically mentions reporting on newsworthy events as a legitimate justification for the use of copyrighted materials, and almost all of the most prominent news reporting is a commercial exercise, so users who actually appreciate the meaning of "editorial use" (as opposed to the Internet's common and very warped definition of "Hey, if I post this is Fair Use, that counts, right?") are being baited to grab the wrong end of the stick regarding commercial use

    ... or indeed, to misunderstand they're not permitted to use the asset at all, because their circumstances do not relate to a permissible Fair Use.

    The naming of the licence is not inconsequential, and quite frankly, even calling it something like a "Butterscotch licence" or a "Cornfield licence" would be a better choice, because at least then the licence name provides no misdirecting clues about its usage.

    Post edited by Matt_Castle on
  • Sensual ArtSensual Art Posts: 645
    edited August 2022

    If the term "editorial use" is not clearly defined in the EULA, then either party can claim their own interpretation based on whatever precedents are admissible in court, even other cases involving similar disputes. It may not be of much consequence if it is only discussed in the forums since the usage is governed by the EULA, not what anyone says on these forums.

    Post edited by Sensual Art on
  • Richard HaseltineRichard Haseltine Posts: 101,239
    edited August 2022

    mrinal said:

    If the term "editorial use" is not clearly defined in the EULA, then either party can claim their own interpretation based on whatever precedents are admissible in court, even other cases involving similar disputes. It may not be of much consequence if it is only discussed in the forums since the usage is governed by the EULA, not what anyone says on these forums.

    Editorial use is the title, the terms are whatever the license says they are regardless of the tile.

    Post edited by Richard Haseltine on
  • Robert FreiseRobert Freise Posts: 4,458

    After reading this thread and researching on line I've concluded that using a "product" with this type of license would be like searching a minefield for the mines with a sledge hammer

  • kyoto kidkyoto kid Posts: 41,083

    ...+1

  • ImagoImago Posts: 5,176

    Robert Freise said:

    After reading this thread and researching on line I've concluded that using a "product" with this type of license would be like searching a minefield for the mines with a sledge hammer

    Perfect analogy.

    Anyway, when this is supposed to start? I'm doing my shopping with both eyes open wide looking for any hint of different licensing on the stuff.

  • McGyverMcGyver Posts: 7,057

    watchdog79 said:

    Remind me again, anyone, please, when was the last time this thread got any official post from Daz?

    My trust in Daz is getting a bit low now.

    As far as I can tell, July 12... Unless Jack Tomalin is a DAZ employee too... I get confused by the addition of "DAZ" to some administrators names, I used to think only employees of DAZ did that, but now I'm not that sure...

    If that's the case then July 13...

    So... almost a month.

    Which is pretty on track for "DAZ Soon".

  • WendyLuvsCatzWendyLuvsCatz Posts: 38,272
    edited August 2022

    McGyver said:

    watchdog79 said:

    Remind me again, anyone, please, when was the last time this thread got any official post from Daz?

    My trust in Daz is getting a bit low now.

    As far as I can tell, July 12... Unless Jack Tomalin is a DAZ employee too... I get confused by the addition of "DAZ" to some administrators names, I used to think only employees of DAZ did that, but now I'm not that sure...

    If that's the case then July 13...

    So... almost a month.

    Which is pretty on track for "DAZ Soon".

    you can edit your username but it is discouraged 

    I was Wendy_Carrara for a while, still am on Facebook 

    Post edited by WendyLuvsCatz on
  • Imago said:

    Anyway, when this is supposed to start? I'm doing my shopping with both eyes open wide looking for any hint of different licensing on the stuff.

    Good point, and when I went back to review the announcement from Daz_Travis, I noticed the situation is even worse. We've been discussing the "Editorial License" aspect but note that in addition to that, Daz_Travis mentioned that other products could have other additional restrictions. See point two below:

    Key EULA Changes: 

    • Introduces a new licensing level called Editorial Licensing. This allows for a new type of content to be restricted to non-commercial purposes. 

    • Allows new Daz store content to include additional license restrictions beyond the standard agreement on the product page. For example, a trademarked product may include additional information.

    Note that this is entirely separate from the "Editorial License" bullet point. So apparently when you think of buying something from the Daz store, you will not only have to be careful that it doesn't fall under that restricted license, but also that there aren't any other unique license restrictions which apply only to that one particular item.

    As has been said above, this is turning into a real minefield. Buyer beware indeed!

  • ImagoImago Posts: 5,176

    ColinFrench said:

    Good point, and when I went back to review the announcement from Daz_Travis, I noticed the situation is even worse. We've been discussing the "Editorial License" aspect but note that in addition to that, Daz_Travis mentioned that other products could have other additional restrictions. See point two below:

    Key EULA Changes: 

    • Introduces a new licensing level called Editorial Licensing. This allows for a new type of content to be restricted to non-commercial purposes. 

    • Allows new Daz store content to include additional license restrictions beyond the standard agreement on the product page. For example, a trademarked product may include additional information.

    Note that this is entirely separate from the "Editorial License" bullet point. So apparently when you think of buying something from the Daz store, you will not only have to be careful that it doesn't fall under that restricted license, but also that there aren't any other unique license restrictions which apply only to that one particular item.

    As has been said above, this is turning into a real minefield. Buyer beware indeed!

    Oh, boy! So along with the "Editorial License" there will also be a "Trademark Permission" thing?

    Definitely we need a totally separated store far away from here.

  • NathNath Posts: 2,826

    And to add to the repeating chorus, when will items that fall under the 'editorial license' (whatever that may imply for usage) hit the store, and how will we recognise them?

    That at least should be easy to answer for DAZ.

    And clearly marked 'editorial' items in the store will save me the trouble of returning them should I accidentally buy one.

  • kyoto kidkyoto kid Posts: 41,083

    ...this is going to drive people away, particularly if the other restricted content is not segregated or can be filtered out.

    Slogging through the store today is still a pain as they need more categories and filters. On the Store Software Update thread I even asked about a filter that would remove all dForce items (which probably won't happen). 

  • barbultbarbult Posts: 24,302

    I'm surprised this thread is still alive, because with no further info from Daz, all of this is just "speculation" and unanswered questions.

  • Yeah, I figure I'll wait til there's actually something in the store with the 'Editorial' license to decide how I feel about them.

  • butterflyfishbutterflyfish Posts: 1,252

    barbult said:

    I'm surprised this thread is still alive, because with no further info from Daz, all of this is just "speculation" and unanswered questions.

    Probably hasn't been closed because it's a DAZ official thread started by an actual employee.  

  • FauvistFauvist Posts: 2,114

    Imago said:

    ColinFrench said:

    Good point, and when I went back to review the announcement from Daz_Travis, I noticed the situation is even worse. We've been discussing the "Editorial License" aspect but note that in addition to that, Daz_Travis mentioned that other products could have other additional restrictions. See point two below:

    Key EULA Changes: 

    • Introduces a new licensing level called Editorial Licensing. This allows for a new type of content to be restricted to non-commercial purposes. 

    • Allows new Daz store content to include additional license restrictions beyond the standard agreement on the product page. For example, a trademarked product may include additional information.

    Note that this is entirely separate from the "Editorial License" bullet point. So apparently when you think of buying something from the Daz store, you will not only have to be careful that it doesn't fall under that restricted license, but also that there aren't any other unique license restrictions which apply only to that one particular item.

    As has been said above, this is turning into a real minefield. Buyer beware indeed!

    Oh, boy! So along with the "Editorial License" there will also be a "Trademark Permission" thing?

    Definitely we need a totally separated store far away from here.

    From the above post "allows new Daz store content to include additional license restrictions beyond the standard agreement on the product page. For example, a trademarked product may include additional information."

    WHAT?  Specifically what are ALL the additional restrictions, and exactly what are ALL  the products that have additional license restrictions, and WHERE EXACTLY is this information posted - I'd like a link please, and not an "example" but the complete list of additional restrictions and a complete list of all the products that have additional restrictions. 

  • barbultbarbult Posts: 24,302

    I'm hoping this all silently disappears like Daz Connect encryption. The level of expressed customer concerns seems similar.

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