Digital Art Zone

When I see something on ShareCG that is restricted to non-commercial use, I’m not clear what that means. Is “commercial use” defined somewhere? For example, if I use an item in a render that I enter in a contest here at DAZ 3D, is that commercial use, because i could win something, so I am potentially gaining from using it? I’m just trying to be sure I don’t violate rules.

Yes normally we assume that any contest which is carrying a prize is considered “Commercial use”

chohole - 22 September 2012 09:28 AM

Yes normally we assume that any contest which is carrying a prize is considered “Commercial use”

Thanks, glad I asked. I’ll try to be careful.

I make life easy on myself and don’t download any “private use only” props etc it just saves me having to check everytime I use a freebie.

Szark - 22 September 2012 12:36 PM

I make life easy on myself and don’t download any “private use only” props etc it just saves me having to check everytime I use a freebie.

Ditto…I initially had downloaded heaps of freebies not realising that competitions were an issue. Once I realised I started from scratch and reinstalled everything…I just didn’t want to take any chances.

I thought you could render what you want and present the renders for sale with no issue. I thought it was only when you tried to sell or distribute the actual model was when you went into the danger zone. Oh crap! AM I wrong?

RKane_1 - 22 September 2012 05:10 PM

I thought you could render what you want and present the renders for sale with no issue. I thought it was only when you tried to sell or distribute the actual model was when you went into the danger zone. Oh crap! AM I wrong?

Any kind of selling or profit making is considered commercial use.

I, too, never download any item that is marked non-commercial or for private use only.

The safest approach is to assume that ‘no commercial use’ means not usable for anything other than pretty decorations on your own system…

But, often times that isn’t the case, especially on ShareCG.  The basic categories for usage rights aren’t detailed enough.  Your best bet is to actually look at the read-me.  I’ve seen things labeled ‘no commercial use’ that go from absolutely not to yeah, but you have to give me credit.  And redistribution is always a ‘not in this life time’ if it isn’t specifically spelled out, in the read me, that it is allowed. 

Some of the other things I’ve seen under the noncomm…you can pretty much do what you want with the prop/item, but you can’t make and sell any derivatives or add-ons; renders are fine, but if sold/posted links need to be provided and so on. 

Also when you are talking about ‘fan items’ (Trek, Dr. Who and what not) and celeb ‘clones’ there’s another whole set of rules to go by…like contests are fine for most fan stuff, but don’t try to sell anything. 

S0, I’ll say it again…the best, most accurate source for usage information should be in the read me.  If not and there’s no easy way to contact the creator then fall back to the category listed in the description.

ShareCG defines “Non-Commercial Use” as:
Non-commercial use only: The displayed work or file cannot be used or modified and then used as a part of any venture or production that has the purpose of making a profit. It is likely the uploader intended the work or file to be used for educational or hobby-related uses only.

Im not sure this helps in this case, but the phrase “has the purpose of making a profit” stands out to me to say contest submissions are ok.  But I am relatively new around here, so this is only my opinion, but i am shocked to hear that contest submissions “traditionally” invalidates the “Non-Commercial Use” rule.

-MJ

MJ007 - 22 September 2012 08:14 PM

ShareCG defines “Non-Commercial Use” as:
Non-commercial use only: The displayed work or file cannot be used or modified and then used as a part of any venture or production that has the purpose of making a profit. It is likely the uploader intended the work or file to be used for educational or hobby-related uses only.

Im not sure this helps in this case, but the phrase “has the purpose of making a profit” stands out to me to say contest submissions are ok.  But I am relatively new around here, so this is only my opinion, but i am shocked to hear that contest submissions “traditionally” invalidates the “Non-Commercial Use” rule.

-MJ

As the winnings—cash or prizes—of contests (including art contests) are taxable, they are considered profit-making, hence, commercial.

RKane_1 - 22 September 2012 05:10 PM

I thought you could render what you want and present the renders for sale with no issue. I thought it was only when you tried to sell or distribute the actual model was when you went into the danger zone. Oh crap! AM I wrong?

That’s true for items you buy in the store here (and at most of the major brokerages), but freebies are sometimes restricted to non-commercial use.

RKane_1 - 22 September 2012 05:10 PM

I thought you could render what you want and present the renders for sale with no issue. I thought it was only when you tried to sell or distribute the actual model was when you went into the danger zone. Oh crap! AM I wrong?

What you are describing there is copyright infringement,  which is more than just danger zone, it is a criminal act,  subject to fines and in rare cases, imprisonment.

But the commercial use clause deals with how the end product render is used.  Some freebie creators want to retain certain rights to their models and place limitation of usage to non commercial use (or they request credit). As someone mentioned above,  sometimes they can’t grant the right, because they don’t own it, like a TV show Prop or celeb lookalike.  But in most cases,  if you bought a product for use at any of the major brokerages, you acquired a license to use the product mesh in your final renders and animations   for commercial and non commercial use.  The meshes themselves are always protected and remain owned by their respective creators.  You have the right to use them appropriately,  but technically and legally you don’t own them.  The EULA explains this quite clearly.

I have a FREE Content folder on my System. ALL not for’s go in that folder. I Then ADD the Free item to my FREE Content folder In Daz 3D. I just Added that Folder with a Right click to my Tree View (Create Sub Folder). I then DRAG and drop all the FREE items to it. It works for me and I know those items are JUST for me to use in Art or Fan Art. If you have no GAIN from the item you can use it and enjoy the use of it.

I’m a Hero freak, I’m sure you have seen hero renders (not mine) on sites. This is allowed, just never use them in a CONTEST.

RKane_1 - 22 September 2012 05:10 PM

I thought you could render what you want and present the renders for sale with no issue. I thought it was only when you tried to sell or distribute the actual model was when you went into the danger zone. Oh crap! AM I wrong?

Under no circumstances are we permitted to distribute or sell the actual model.

If the licence is commercial use, we can sell the renders.
If the licence is non-commercial use, we cannot sell the renders.

Hope that’s clear! :)

canberra_boy - 23 September 2012 12:27 AM

RKane_1 - 22 September 2012 05:10 PM

I thought you could render what you want and present the renders for sale with no issue. I thought it was only when you tried to sell or distribute the actual model was when you went into the danger zone. Oh crap! AM I wrong?

Under no circumstances are we permitted to distribute or sell the actual model.

Actually those items you purchase that are Merchant Resources can be distributed in limited ways as they are meant to assist people in making other products, so technically that would be wrong but that is an individual “special case” item and usually revolves around making significant changes in the product prior to distribution, making sure to include credit and other items usually laid out in the EULA.

canberra_boy - 23 September 2012 12:27 AM

If the licence is commercial use, we can sell the renders.
If the licence is non-commercial use, we cannot sell the renders.

Hope that’s clear!

My main concern are those items purchased here and at Rendo. I always thought the image thing did not matter as long as the model wasn’t redistributed in any way.

I guess I am going to go back through my library and check out a lot of readme’s again.

Can anyone give some examples of items that fall under this exclusive, hobby/personal use only and absolutely no renders for sale or else rule? Please let us now ESPECIALLY if it is one very common or one that few people would suspect.

AS someone has already said, the best thing to do is check the rreadme. ShareCG categories used to be very basic, so it was somewhat difficult to categosirse. THey have now added some extra categories, which make is easier.

I have put a clause on my readme’s which qualifies the usage, which is basically do what you want as long as you don’t redistribute my actual work

It would really help if everyone did that.