Help me understand DAZ's Terms of Use

rnollman

What does this really mean in regards to using renderings created in DAZ Studio for commercial use, say for illustrations for a children's book? This is almost impossible to read and understand. Please translate if you can.

Terms of Use. Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) access, use, copy and modify the Content in the creation and presentation of two-dimensional animations and renderings, (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the Content in User’s other works, and (iii) publish, market, distribute, transfer, sell or sublicense User’s 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 Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format.

Leana

Basically it means that you can use your renders or animations commercially, except in a few cases:

For example loading a background image, adding just one prop, then reselling your rendered image as a background is out. It might be ok if you sell it as an illustration though (even if you typically would  do more than that anyway).

Or if you load a plane primitive, apply one of the texture files for a product to it and render that, you're basically making a copy of that texture file, so you can't sell that.

murgatroyd314

Basically: You're allowed to do whatever you want with renders, except for trying to use them as a loophole in the rule against redistributing DAZ products.

McGyver

Excuse me a moment, I don't get a chance to talk to many children's book illustrators or authors...

Even though DAZ doesn't actually say anything about this in their EULA, I figured I'd mention it... But only if it's for a children's book... If you are gonna have cute talking animals wearing clothes, please give them pants too fer crying out loud... Why do they all dress like some senile old guy at the bus stop who forgot to put his on pants... Really, what's with the shirt and no pants? It's very confusing and real talking animals are insulted by that because they feel it portrays them as all being senile old humans at a bus stop... Real talking animals dress very tastefully.  Well, except for possums... Too much polyester and paisley... Especially the neon paisley polyester tracksuits... it's like some sort of uniform to possums... Well, the talking ones.

Anyway good luck with your book.

But basically in the above legal statement you copied, in sections i-iii everything more or less is covering rendered images made using DAZ 3D content, up to the part where it says-

 "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 Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format." 

Which basically means that you are not allowed to sell or redistribute (give out) anything created using DAZ's content, which in some way contains the actual content data imbedded in it... How would that be done? Who knows, like most legal statements it goes a little further than the obvious to cover the unexpected. I can't off hand think of any good example of what that might be, but hypothetically say someone created some method of web cartoon that would allow a viewer to interact with a character, but to do so required some portion of the content's to be downloaded or accessible to the viewer's device... That would be redistribution and not allowed... Basically what I'm talking about is how a video game works, but it would not necessarily be called a video game... Perhaps "interactive cartoon" and on that basis someone may try to argue it's not covered because it's a cartoon not a game, and cartoons are 2D... So DAZ would have to try and define the possibility of some circumstance like that arising, beforehand.

Basically what everyone above said, just more words and I added stuff about talking animals.

 

rnollman

So, if I buy a scene such as the Lost Place, Genesis 2 man and woman, some character morphs, clothes, some animal figures (such as a wolf and millenium dog) add some props and lighting and pose the characters in a scene, and render it, I am free to use that rendered image in a children's book. Correct? That is exactly what I plan to do.

What if I do something like use the 3D Universe's Toon characters and props and create illustrations for a book, and try to sell the book, would that violate any copyrights or terms of use? It probably would not be a good idea to try to sell the book to a publisher because the content is not unique and created by me, but legally can I do that with no legal recourse from DAZ or 3D Universe? I mean, the characters are 3D Universe's brand. But if I self-publish and can sell books, will I be sued by either DAZ or 3D Universe for copyright violations?

 

mjc1016

Nope...you won't be sued for using them in that fashion.  And as far as it goes, if you used all the 3DU Toon characters in an illustrated story, you would definitely be able to sell it (you may even get a medal for doing so...I don't think anyone has used the full product line a single story before...). 

And yes, the IMAGES are your creations, made by you...and if any 3D illustrator tells you that he makes ALL the content used...he's either doing very minimalist renders or lying like a rug (because by that 'standard', even the textures used on the models MUST be totally self created, without ANY outside photos, etc). 

If you are painting a still life of a fruit basket...you don't plant apple trees, pear trees, etc and wait for them to ripen.  You go buy the fruit you need at the grocers.  You don't go out, cut the willow twigs, strip the bark, soak them and weave the basket...and you don't go, grow, pick, spin and weave the cotton for the table cloth?

Pendraia

So if I was to load up the big bad wolf dress it, pose it and render it can I sell the png file as a resource to teachers? Or is that the same as the backgrounds? I was thinking it might be something a lot of teachers might use to make resources. Especially if rendered as toon style with the toon cam.

Knittingmommy

I would think that would be all your creation and allowable.  You aren't distributing the mesh or any part of the actual figures.  You are distributing your own artwork.  What you describe doing with the big bad wolf, is what all of us are doing with DAZ and allowed under the EULA.  Once you create your version of the big bad wolf, you can render it then give it away or sell it.  You own the copywrite to that render as soon as it is created and you are free to do with it whatever you wish.

 

Edit: forgot the word 'then' which was the intended meaning of the sentence

mjc1016

Basically as long as it isn't a simple t-pose where you could extract the textures...

Pendraia

Thanks MJC1016 and Knitting Mommy, that was my thoughts but I wanted confirmation before submitting products for sale. Teacher Pays Teacher looks like it might be worth a try...

Knittingmommy

That's a good site.  I've downloaded some freebies there and actually bought a few things that fit with my kids when they were younger.

Pendraia

It is a good site...they have some very useful resources. Did you homeschool? Or were you just adding to the school curriculum?

Knittingmommy

I homeschool three boys.

Pendraia

That would be hard work...while I was at uni I homeschooled my son for a year.