License of environment building products
Archangel M4
Posts: 13
I doubt about the license of environment building products, like bryce, terradome 2+3, and iReal Animated oceans. If I look at European jurisdiction for music rights, I would say that the user of such products is the artist and the seller sells only a tool. If my artistical contribution is more important than the artistical contribution of software developer of the tool, I can use it in an Indy game without any other license. The only problem seems to me concerning the materials, shaders and textures of the original software tool. I have to replace them by my own ones if I want to use them in a commercial product without special license. But the developer of the tool has to give me the opportunity to replace those parts. If he doesn't show a way to do it, I am not supposed to exchange it by my own ones.
Am I correct?
(P.S.: I'm not speaking about the DazOriginal Gaming license, that I already own, but about royalties for plugins.)
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Comments
Not sure where you got that idea from... Anyway 1) music rights have nothing to do with 3D content and 2) when you purchase any content here you accept the terms of the EULA, which states that you need a licence to use the content in games. That licence also covers the mesh, so even if you use your own textures (wich makes your version of the product a derivative work, not your original work) it still applies.
So there is also the mesh.
But Terradome 3 Iray is DazOriginals. The mesh is licensed by DazOriginals. The rest are morphs. Is that right?
Is there any EULA entry that deternines the status of created environements in Bryce, Terradome 2+3?
What have I concretely to do to use Bryce, TerraDome ... commercially?
(And NO: Exchanging the texture is no derivative work. If I would transform the texture it was. But this is only forbidden if you sell the new texture as your own. )
TerraDome 2 is not a DAZ original. TerraDome 3 base product is a DAZ Original, but many of its add-ons are not. So your DAZ Original Game developper licence would give you the right to use the base TerraDome 3 product in your game, but not the other packs. You'd need a game developper licence from the PAs who created the other packs to use them in your game.
Bryce is a separate program and a DAZ Original, however once again some add-ons products for it are PA items (like for example Bryce Pro Landscapes by David Brinnen) so not covered by the DAZ Original Game developper licence.
That would be very bad.
1.) TerraDome 2 is for Poser. But some plugins are licensed with DazOriginals. How can I use them without license for TerraDome 2? Is there a converter? But Terradome 2 is only a tool for environments. Why should I need a license only to use a tool?
2.) TerraDome 3 is DazOriginal. But all useful plugins are not. If I use those plugins only for creating an environment, and don't use the textures, why should I have to pay for a license? It's only my work.(... and I can't even use those textures for a game, because they are to high resolution.)
These same questions come with every environment building tool and there is no answer in the EULA.
Where can I look to find a reason why I should have to pay a supplementary license?
I see your point. And I agree that this is a gray area.
However, whatever advice we give you here, is not legal advice. We are users, just like you are. If you want answers that you can later use as legal proof, then you need to contact Daz directly, and get their official response. There's a "Contact Us" link at the bottom of each page, you can use that to get in touch with them. Then you'll have a written clarification on what you can and cannot legally do.
You seem to believe that TerraDome is program to create your own terrains from scratch. It's not, it's a morphing figure that you can customize using morphs, shaders and so on. What you create is a derivative of the original mesh. TerraDome add-ons are not plugins for a terrain generator, they're additional morphs / shaders / textures / presets to expand the base terrain product. Even if you don't use the textures, you still use the morphs, which are covered by the EULA.
More generally, what you actually purchase is simply a licence to use any content under specific condition. The base EULA give you the right to create 2D renders and animation using that content, if you want to create games using the actual 3D models (mesh, morphs, textures, or any part of them) you need a Game Developper licence.
1. the application of a bought morph to a bought figure doesn't produce a derivate work in the sense of the eula. this is a provided modification and not a alteration of the figure described in the eula.
2. even though the word morph doesn't appear in the eula, i think that morphs are also protected by the eula. they are protected as a product, but not in application to a figure. you have not the right to resell a morph or a pose or a derivated morph or pose. but there is no additional license fee provided for a figure morphed or posed.
The ones who can tell you for sure are : http://www.daz3d.com/help/help-contact-us
Us mere mortals here can just guess, and wether we agree with you, or not, is of no consequence.
If you apply a morph to a figure you're using both the figure product and the morph product, so you need the right to use both. And yes, EULA covers uses of a product.
Anyway, as Ati and BeeMKay said you'll have to contact DAZ directly to get an official answer on how the EULA applies in those cases.