Interactive License - Visual Novels/Illustrations/Animations/Short Videos

Gemini Queen

I tried sending this to Daz directly for support on the interactive licenses, but they haven't responded. Also, I did some research on different forums, and I've seen most of the same answer, but for my non techy/legal mind, I just needed it simplified. So I'm sending the same message here that I sent to them. 

If I want to make a visual novel games (Shall We Date, The Arcana, Choices, these are a few visual novel games) where it's just a bunch of still images with text and choices for the player to choose from and I make money from people purchasing the game and such, does that require the license?

If I create Illustrations, just one off images of characters that's I've created through various products that I've purchased on Daz3d and I wanted to put them on my Patreon, does that require the license?

If I wanted to create short little animations/videos of my characters running around, doing random stuff, and post it to Youtube, Instagram, my patreon and make money on it, does this require the license?

Edit - For the last question, these animations are not going to become games where people could interact with the chracters, it's just what it says - Short to long videos of my characters doing random stuff. Although I do have three additional questions and I've seen a lot of varied answers on this - 

If I wanted to create a game where the players could interact with them (GTA5, Assassin's Creed, Red Dead Redemption) where they could run around, change their character clothes and such, that would require the licesnse, correct? 

and

If I wanted to create a game where where the players CAN'T change the character (Jak and Daxter, Crash Bandicoot, Prince of Persia) but can run around, complete missions and task, fighter AI and progress through a story, that also would require the licesne, correct? 

and lastly

If a product form here doesn't have an interactive licesece, then I need to contact the artists directly for permission or not use that product at all, correct? 

Sevrin

Renders, whether still or animated don't require an interactive license.

Using meshes, textures or other assets themselves requires an interactive license.

3.0 Interactive License Addendum

The terms of this addendum 3.0 are in force only when User has purchased a "Game Develoer License" or an "Interactive License Add-On" from the online DAZ store.

For any User who has purchased one or more Game Developer Licenses the terms of this Addendum 3.0 apply to all Content that the User has purchased a license to via the DAZ store where the "Artist" field of the Content contains a list of one or more Artist Names, and that the User has also purchased Game Developer Licenses such that the User has purchased a Game Developer License for each of the Artist Names represented in the Artist Name field of the Content.

For any User who has purchased one or more Interactive Add-On Licenses via the DAZ store, the terms of this Addendum 3.0 apply to all Content that the User has purchased such an Interactive Add-On License for.

In the case of Game Developer Licenses where the Artist Name for that license is "Daz Originals". The terms of this section 3.0 apply to all content which also contains "Daz Originals" in the Artist Name, regardless of the presence of additional artist names also in that field.
 

All Content that can be identified according to the above criteria shall hereinafter be referred to as "CRT Content". The terms of this addendum 3.0 do not apply to any other Content.

• Modified Terms of Use. This section replaces Section 1.0 Bullet 5: "TERMS OF USE" for CRT Content ONLY.
  
  Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) incorporate, copy and modify the CRT Content in the creation and presentation of two-dimensional animations and renderings which may require access to the CRT Content by the User's customer during electronic execution of the User's application, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the CRT Content in User's other two-dimensional works, and (iii) publish, market, distribute, transfer, sell or sublicense such two-dimensional animations, renderings and other works; provided that User may not in any case: publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any CRT Content, or any part thereof, or any substantially similar version of the CRT Content can be separately exported, extracted, or de-compiled into any re-distributable form or format. All other rights with respect to the CRT Content and its use are reserved by DAZ and its licensors. User warrants and is responsible to ensure that the CRT Content used in User's applications are not available to end users in their native formats and that every effort is made to protect the CRT Content from theft or copyright infringement by employing technology, asset protection, encryption or any other resources at User's disposal.
  
  Three Dimensional Works. DAZ wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:
   
  • any such derived or additional three-dimensional works are designed to require or encourage the use of CRT Content available through the online DAZ store either by (i) requiring the use of such CRT Content to function, or (ii) allowing only limited function when not used in conjunction with CRT Content from the online DAZ store; and
  • upon receipt of a written request from DAZ, User immediately ceases any and all distribution of the art that User has created from the CRT Content, if DAZ has determined, in its sole discretion, that (i) such art is substantially similar to or is a clone of existing Content; or (ii) such derived or additional work fails to require the use of Content available through the online DAZ store.
  
  The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of Content or any three-dimensional art derived from the Content is permitted only for personal, non-commercial use by the User. Additionally, the user may not grant other entities or individuals the right to produce such physical representations of the Content except for the sole purpose of providing the print to the User for their personal use.
  All other rights with respect to the Content and its use are reserved by DAZ and its licensors.
• While incorporation of the CRT Content into User's applications is authorized as set forth above, User expressly agrees and acknowledges that any discrete sale of CRT Content separate from a purchase of the User's application is allowable ONLY with express written consent of DAZ. Thus, for example, within the context of a game, the sale or purchase of the CRT Content, portions thereof, or either two-dimensional or three-dimensional derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of DAZ. Written consent of DAZ may be sought at the address set forth herein.

Daz 3D | 3D Models and 3D Software by Daz 3D

Gemini Queen

So what are the "meshes, textures, and other assets"? I'm genuinly not aware of what they are. I think that a texture is like the "skin" of an item, but I might be confusing that with materials. I'm kind of getting it, but not really. 

Richard Haseltine

As long as the stuff in the game is 2D (pictures or animations) and not the original images from the product you don't need the Interactive License.

FenixPhoenix

If I want to make a visual novel game (Shall We Date, The Arcana, Choices, these are a few visual novel games) where it's just a bunch of still images with text and choices for the player to choose from and I make money from people purchasing the game and such, does that require the license?

• For visual novel games, you don't require the interactive license, as you'll be doing renders and using those renders in the game as 2D assets.

If I create Illustrations, just one-off images of characters that's I've created through various products that I've purchased on Daz3d and I wanted to put them on my Patreon, does that require the license?

• Same as above, you don't require an interactive license for doing renders to create paintings, illustrations and/or any other 2D work.

If I wanted to create short little animations/videos of my characters running around, doing random stuff, and post it to Youtube, Instagram, my Patreon and make money on it, does this require the license?

• As far as I understand it, you're able to create videos and post there everywhere without the need for an additional (interactive) license. In fact, you can even sell those videos off.

If I wanted to create a game where the players could interact with them (GTA5, Assassin's Creed, Red Dead Redemption) where they could run around, change their character clothes, and such, that would require the license, correct? If I wanted to create a game where where the players CAN'T change the character (Jak and Daxter, Crash Bandicoot, Prince of Persia) but can run around, complete missions and tasks, fighter AI and progress through a story, that also would require the license, correct? 

• Yes, in the case of games where the 3D mesh needs to be embedded, you need to buy an interactive license.

If a product from here doesn't have an interactive license, then I need to contact the artists directly for permission or not use that product at all, correct? 

• You can contact the artist if they are active here on the forums, or you can also send in a ticket to DAZ and they'll contact the artist for you. Keep in mind that some PAs may not want to offer an interactive license.

Silvere

A render is your output of Daz - The image or an animation.

Meshes, textures, and other assets are about the usage outside of Daz. Imagine the Unreal Engine: You can make a walking character. That walking character needs a mesh (Your character skeleton), a texture (the character skin) and maybe other assets (like the clothes and hair). But to do that, all those things have to be used outside of Daz and shipped with the game, because the game needs to reference all those assets at some point. Compare that to a RENDER - It doesn't reference anything. What you created is the imagine/video that works without anything being in a folder or similar, because it is self-contained. You can put your render in a game without any of the assets (= allowed), because the assets themselves are not leaving your hardware. Without the license, you are not allowed to use the stuff in any way that enables others to rip them out of your work.

To make it even more simple: Basically, as long as you make a simple .png or video in Daz3D for your game, you don't need the license. As soon as you leave those constraints, the license might become important.

Gemini Queen

So basically, if I make something like GTA or Jak and Daxter that's 3D where you can rotate the camera around the character, then I have to have the interactive license. 

But if it's flat images where the camera can't like rotate around, then I don't. 

Sevrin

Gemini Queen said:

So basically, if I make something like GTA or Jak and Daxter that's 3D where you can rotate the camera around the character, then I have to have the interactive license. 

But if it's flat images where the camera can't like rotate around, then I don't. 

Correct 

plasma_ring

Gemini Queen said:

So what are the "meshes, textures, and other assets"? I'm genuinly not aware of what they are. I think that a texture is like the "skin" of an item, but I might be confusing that with materials. I'm kind of getting it, but not really. 

The easiest way to think about it for me is that anything included in the package you download when you purchase an item is considered an asset. All of the images in the folders are textures, and meshes are part of the 3D model data. Under the standard license, you can't redistribute those assets, but you can take as many pictures or videos of them as you want. If the game package you have your end user download includes any of the assets that came with the original product, you are redistributing them, but the interactive license gives you a limited ability to do so legally for that one purpose (with the understanding that the user will not be able to use the stuff outside of the game). 

 

fubarthebuff

I sent a similar question to daz support and they told me the same thing that folks here are saying. As long as it is your render of the assets where others don't need the actual files, then you don't need a license. but anything that requires the consumer to have the actual model files, then you do.