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Copyright question
Posted: 24 July 2012 05:42 AM   [ Ignore ]
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I was trying to contact Howie Farkes to ask him a question, but the link on his site doesn’t work…

So I thought asking the question here, if someone knows the answer.

The free snow scene that comes with Carrara, do I have the right to use a part of it in one of my drawings that will be in a book ? Should I put a credit saying that the background is part of a creation of Howie Farkes?

Just wondering how that works. (I actually ask myself that question for most of the 3d creations I buy here, :-p )

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Posted: 24 July 2012 06:18 AM   [ Ignore ]   [ # 1 ]
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Your answer is in the licensing for the product that you agreed to when you installed it. Pretty much for content sold at Daz3D you can do whatever you like with your renders. It is always nice to provide attributions, but there is no explicit requirement I can recall seeing for products sold here. Items obtained from other places, such as sharecg, are another matter and one reason I prefer not to mix the installations of products with differing licenses.


For example, Dover provides lots of royalty free graphics—but it is only royalty free in very limited circumstances, otherwise they want a (very small and modest) royalty. It can be a real pain to go through a project of any size and ensure that licensing is being properly adhered to so it is always better to do so up front and ensure before hand that the use falls within the licensing terms.


So the short answer is this: product sold through Daz3D can be used for commercial and noncommercial 2D (rendered) works without royalty or attribution. Of course, the lack of a *requirement* to provide attribution does not prevent you from providing attribution.


I am not a Daz3D representative, nor a lawyer, this is not legal advice. Check the licensing terms (https://helpdaz.zendesk.com/entries/123876) and decide for yourself.

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Posted: 24 July 2012 06:19 AM   [ Ignore ]   [ # 2 ]
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When you downloaded the content from Howie or DAZ, was there a readme or other file in there that gives you that information? I think there should be something in all those files that come out of the zip. Maybe not. My veneer of knowledge on this is especially thin.


EDIT: Yeah, I just checked a couple of content files, and there are two text files, one a README and one a “License”. Read thru the “License” one and it should tell you what applies to that particular content.


And I agree with thoromyer (?), I’m not a lawyer either, I just know how to read.

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Posted: 24 July 2012 06:31 AM   [ Ignore ]   [ # 3 ]
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The EULA that thoromyr has linked to is actually included in all the installers that Daz3D released. It is written in full, on the first sscreen when you start running an installer, you know the bit you click “accept” without probably ever reading what you are accepting rolleyes

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Posted: 24 July 2012 06:55 AM   [ Ignore ]   [ # 4 ]
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Ah hell…

Thanx for the answers…

I hope I’m not the only one who doesn’t take time to read that thingy…

But now I will, since I’m interested to use other people creations to help my drawings, grin

So thanx all !

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Posted: 24 July 2012 07:05 AM   [ Ignore ]   [ # 5 ]
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You may notice I did carefully pull down to one of the relevant parts for you, when I did the screen shot.

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Posted: 24 July 2012 07:08 AM   [ Ignore ]   [ # 6 ]
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no problem. People don’t generally read EULAs, that is true, but my main point was to ensure that you know the licensing terms for content that will be used before getting too far into a project. And you were at least asking, which is a step in the right direction.

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Posted: 24 July 2012 07:13 AM   [ Ignore ]   [ # 7 ]
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Mmmm… I seem to have read the wrong EULA, I was in the Carrara one, thanx again to pointing me the scrolling part, didn’t notice.

I now need to find one of my previous Howie scene installer, since I can’t seem to find a license directly in their folders. (checked the most recent i gought, World Gardens, and it wasn’t physically in there…)

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Posted: 24 July 2012 07:21 AM   [ Ignore ]   [ # 8 ]
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One of the things I like about Daz3D is the consistent licensing terms. The only real complication is for non-2D work (e.g., redistribution of the mesh is normally forbidden but you can get a license that permits it).


In other words, you don’t have to find the one for that particular product. I don’t know the new site design to tell you, but it at least used to be clear that there was one license.


The other thing is a license is only part of the story, legal statutes are more of it. Attribution requirements are not something I recall seeing in copyright law though they are commonly part of licensing terms. Copyright law has to do with right of reproduction and derivative works. It doesn’t dictate terms for such, just whether or not such restrictions apply (public domain vs protected). Which is to say that unless such a requirement is stipulated in the licensing terms it is not a requirement. Caveat: I am not a lawyer, this is not legal advice.

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Posted: 24 July 2012 07:21 AM   [ Ignore ]   [ # 9 ]
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roby1kanobi - 24 July 2012 07:13 AM

Mmmm… I seem to have read the wrong EULA, I was in the Carrara one, thanx again to pointing me the scrolling part, didn’t notice.

I now need to find one of my previous Howie scene installer, since I can’t seem to find a license directly in their folders. (checked the most recent i gought, World Gardens, and it wasn’t physically in there…)

Oh wait, I’m not awake enough, I just went and read the part you scrolled down to…

I actually have a hard time to understand the way it is written, but I guess I get that I can use a render of 3D models they give the way i need…

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Posted: 24 July 2012 07:31 AM   [ Ignore ]   [ # 10 ]
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To Thoromyr:
I saw that reply right after i posted my half-awake status LOL

Thanx for the infos even though your not a lawyer.

So like… Do I have to stop talking and lawyer up ?

LOL I watch too much CSI… sigh…

ps. What I always found great about this forum is how much support we get ! I don’t ask questions often (been 2 years !), but when I do, BAM !  So thanx all !

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Posted: 24 July 2012 07:38 AM   [ Ignore ]   [ # 11 ]
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Final note:
I will put up a credit for Howie, since his scenes are too awesome for me not doing so, grin

I just had a hard time figuring out how to do a nice winter scene and thought that hey, I have one with Carrara already !

tongue laugh

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Posted: 24 July 2012 08:04 AM   [ Ignore ]   [ # 12 ]
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You could also include his real name - Martin Hedenstroem - if you desire.

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Posted: 24 July 2012 11:18 AM   [ Ignore ]   [ # 13 ]
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Thanx !

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Posted: 24 July 2012 03:35 PM   [ Ignore ]   [ # 14 ]
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The Read Me for his Snow Scene that was created when I ran the installer DAZ gave for it with my C8 doesn’t have any information on licensing in it.  You can contact DAZ and ask what licensing restriction exists for it.

Trying to keep track of legal definitions and other related things can be a major headache,  even if you have legal training.  I work in the legal field and your often having to spend an hour or more to read a few lines to figure out what exactly is said by it in a legal sense.

 

 

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Posted: 24 July 2012 04:09 PM   [ Ignore ]   [ # 15 ]
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If I remember correctly, the only item DAZ has ever sold that is restricted for use of its renders is the Anna-Marie Goddard digital clone: http://www.daz3d.com/shop/anna-marie-goddard-digital-clone/  It’s the only one I can recall reading discussions about, though there may be others.

In the Notes of the product which you should see before even buying it (we all read those, right class?): “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.”

Since the Snow Scene is considered part of Carrara (even though you have to download and install it separately, it’s part of the product downloads IIRC), it’s probably covered by the general DAZ EULA, but you can always contact them to make sure.

EDIT: Ok, for giggles I ran Howie’s Snow Scene installer and the licensing is part of the install that you clicked agree to and it’s the standard DAZ EULA… part of which reads: “Subject to the foregoing limitations, and the rights, if any, of third parties in or to the objects represented by the 3-D Model(s), you may copy, distribute, and/or sell your animations and renderings derived from the 3-D Model(s). All other rights with respect to the 3-D Model(s) and their use are reserved to DAZ (and its licensors).” emphasis mine You can see it above in Chohole’s post as well.

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