May I sell the image which I made in DAZ?

May I sell the image which I made in DAZ? It is all my original other than software of DAZ Please, please tell me

Comments

  • ChoholeChohole Posts: 33,604

    Yes of course you can.

    Any renders and images you make are yours to do what you will with.  (well within reason),  There is one product in the store that has a different EULA, but it is an older product.

  • AtiAti Posts: 9,143
    Chohole said:

    There is one product in the store that has a different EULA, but it is an older product.

    Do you happen to know which one it is? (If not, there's no need to go searching for it, I'm just asking out of curiosity.)

  • LeanaLeana Posts: 11,842
    edited February 2016
    Ati said:
    Chohole said:

    There is one product in the store that has a different EULA, but it is an older product.

    Do you happen to know which one it is? (If not, there's no need to go searching for it, I'm just asking out of curiosity.)

    Anna-Marie Goddard digital clone for V3. You need her permission if you want to use her clone in a commercial render.

    Post edited by Leana on
  • AtiAti Posts: 9,143
    Leana said:
    Ati said:
    Chohole said:

    There is one product in the store that has a different EULA, but it is an older product.

    Do you happen to know which one it is? (If not, there's no need to go searching for it, I'm just asking out of curiosity.)

    Anna-Marie Goddard digital clone for V3. You need her permission if you want to use her clone in a commercial render.

    Thank you. This is understandable... :)

  • kaotkblisskaotkbliss Posts: 2,914

    I believe Reby Sky is non-commercial use only as well as it is an actual digital scan of a real person.

  • jestmartjestmart Posts: 4,449

    I believe Miss Sky did not put any restrictions on her virtual clone, personally I would be carefull about how I would use it but that just me.

  • kaotkblisskaotkbliss Posts: 2,914

    I did just look it up again in the store and I see that it's a re-release. I was going to buy it at one point (a while back) but remember reading somewhere that it was non-com only.

    Perhaps with the re-release, that restriction was removed?

  • LeanaLeana Posts: 11,842

    I did just look it up again in the store and I see that it's a re-release. I was going to buy it at one point (a while back) but remember reading somewhere that it was non-com only.

    Perhaps with the re-release, that restriction was removed?

    As far as I can remember there never was any restriction for Reby's clone.

  • Leana said:

    I did just look it up again in the store and I see that it's a re-release. I was going to buy it at one point (a while back) but remember reading somewhere that it was non-com only.

    Perhaps with the re-release, that restriction was removed?

    As far as I can remember there never was any restriction for Reby's clone.

    That is correct.

  • Thank you, I felt relieved, everybody
  • kaotkblisskaotkbliss Posts: 2,914

    I stand corrected. (well actually, I'm still sitting as it's not very comfortable to stand and type)

    Anyways, it's a pretty safe bet that anything you get from the Daz store (aside from that 1 item mentioned) you are allowed to use commercially for pictures and animations. When it comes to items from other sites, you need to pay attention to what the product does and does not allow. (Many items on ShareCG for example do not allow for commercial use, meaning ou can't sell pictures made with the item)

  • mjc1016mjc1016 Posts: 15,001

    I stand corrected. (well actually, I'm still sitting as it's not very comfortable to stand and type)

    Anyways, it's a pretty safe bet that anything you get from the Daz store (aside from that 1 item mentioned) you are allowed to use commercially for pictures and animations. When it comes to items from other sites, you need to pay attention to what the product does and does not allow. (Many items on ShareCG for example do not allow for commercial use, meaning ou can't sell pictures made with the item)

    I can't speak for everyone on ShareCG, but my stuff is open for commercial use...and will be even after I start selling stuff (yes, my goal is to become a PA).  Other than the obvious 'fan art' items, I don't see what difference it makes (but that's just me).

    Also, on other sites, especially with freebies, you can't always go by the tags...the final say in the matter is the ReadMe or in some cases an actual EULA/license included in the download, by the author.

  • Hi everybody. So for my understanding.

    Ok it's allowed to sell the rendered images so they are royalty free. And that applies to the content from the shop and the freebies there too unless it's something other licensed on the product site? So I can use the rendered stuff for selling like prints on cups, book covers or stock images?

    Am I finally right?

  • ChoholeChohole Posts: 33,604
    edited February 2016

    Yes, basically

    As MJC said,  for 3rd party freebies, check the readme's.

    Mine say

    The files in this package should not be redistributed or resold without consent.
    It also should not be modified and repackaged in any way without the consent of
    Chohole.

    You may use this package for commercial and non-commercial renders.

     

    This is regardless of whether they are donwloaded from my own site or from ShareCG.  However the shareCG did used to have very few options for marking files, and if people haven't bothered to change the terms on their uploads, when ShareCG added more options, you may find they say No coomercial use on shareCG but the readme will say differently.

    Post edited by Chohole on
  • Perfect, thank you

  • SixDsSixDs Posts: 2,384

    There is one more thing to bear in mind. Every individual has copyrights to their own likeness, so take care with using any likeness of a real person. Secondly, there are many models available elsewhere that are reproductions of copyrighted props, characters, etc. from games or cinema and renders of these cannot be sold regardless of whether there is a eula prohibiting it or not. The latter applies, for example, to content that you might make yourself. Err on the side of caution.

  • ToborTobor Posts: 2,300

    I'm sure Daz has a better editorial process for it, but be careful about reading too much into "commercial renders ok" on ShareCG or any other site. Some of the assets there trample on other people's IP, and the creator of the asset cannot legally convey any kind of rights in these situations, regardless of what the tags say. For example, a motorcycle clearly modeled after a real Harley Davidson, whether or not it uses the Harley emblem, is probably not okay in a commercial render. It does depend on how the IP is used, such as whether the trademark look of the bike is the focus of the work or is merely a passive element, and its commercial nature.

    Sometimes rights conveyance can be obtuse, and even the best review process can miss it. Personally, I steer clear of skin textures with tattoos on them, unless I know for sure the creator of the texture personally designed the tattoo. I've seen some that have been ripped off from tattoo/vector sites. It's just easier to select the non-tattoo version and add my own, which I know are non-infringing. 

  • ToborTobor Posts: 2,300
    SixDs said:

    There is one more thing to bear in mind. Every individual has copyrights to their own likeness, ...

    Technically these are personality rights, and they are closer to trademark and passing off laws, rather than copyright. The problem with relying on (US) copyright is that it's subject to A) specific renditions of the work that can be cataloged as proof of a copyright claim, and B), the work must be registered before it's possible to seek punative damages, and that's where the real money is. Without registration, only actual loss can be claimed, and that can be miniscule in comparison to the cost of litigating.

    Usual disclaimer: The above is not legal advice. In the US, personality rights may fall under both federal law (Lantham Act) and state law, making it a very complex subject that only a qualified IP attorney can address.

  • Charlie JudgeCharlie Judge Posts: 12,911
    edited February 2016
    Leana said:
    Ati said:
    Chohole said:

    There is one product in the store that has a different EULA, but it is an older product.

    Do you happen to know which one it is? (If not, there's no need to go searching for it, I'm just asking out of curiosity.)

    Anna-Marie Goddard digital clone for V3. You need her permission if you want to use her clone in a commercial render.

    You might need to double check the EULA on it but IIRC I believe it could be used in some commercial renders provided they do not show or imply any endorsement of any particular product

    Edited to add this Note from the product page:

    "Notes

    This product is limited to specific terms of use via the personal request of Anna-Marie Goddard. Please make note of these changes as they are outlined within the End User License Agreement attached with this product.The specific restrictions are as follows:

    You may not use the product for any commercial endeavor in any manner which implies its endorsement or association with any product, service, or entity without prior written consent of Anna-Marie Goddard, her attorney(s), or other legal business representation."

    Post edited by Charlie Judge on
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