Confused about licensing policies
lina.catfish
Posts: 27
Hello everyone,
I need some help understanding DAZ's licensing policies regarding three-dimensional works. English isn’t my first language, and I come from a different legal tradition, so I’m having a bit of trouble interpreting some parts.
A quick note:
This might be a bit boring :)
If I sound rude or anything, please keep in mind I’m not a native speaker. I’m generally kind :)
Let’s get started.
1. About the "Editorial Use Only" clause:
The EULA states that, "if the online DAZ store identifies the Content as being for editorial use only..." — but I haven’t found any example or declaration of such identification. Do you have any examples?
I’ve seen other licenses, such as Interactive Licenses (not interested), printing licenses (not interested), Roblox Reseller licenses (also not interested), but nothing specific about "editorial use only."
Can I assume that if there’s no mention of "being for editorial use only," it’s safe to create and share derivatives?
2. Regarding derivatives and "fitting the rules":
The phrase "such derived or additional three-dimensional works are designed to require or encourage the use of Content available through the online DAZ store" sounds straightforward.
So, creating and sharing things like material sets or add-ons for existing products should be okay, since DAZ states they want to encourage content expansion, right?
But then the clause says, "if DAZ has determined, in its sole discretion, that such additional or derived work is not fitting the rules" — which seems uncertain and potentially problematic for creators. It sounds like it depends on who makes the decision.
Is that really the case? Or am I missing something "between the lines"?
Thanks very much for your attention and any clarifications. Wishing everyone a nice weekend!
Addendum:
I also tried using the new (beta) "AI Search," but it didn’t seem aware of what "intelligence" can do if used properly. Sorry if this is the wrong forum—please feel free to move this to the appropriate section.
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Comments
My understanding.
Editorial license: this was used for items, that is kind of a copy of items that is formally protected. Like if a PA makes copies of SMEG kitchenware it will fall under 'editorial license'. For you as a user, you must only use it for personal renders. It must not be used for commercial renders, i.e if you sell it to somebody else, or used in commercial games etc. There was some grey areas.
The users hated them, and recently (?) we learned that they will not be used any more.
Derivates: you are allowed to e.g. make textures for a product, but you are not allowed to make the textures based on the PAs textures (derivate). That also goes for that you must not make new models with a PA model as a start. In essence, you must use the products you have bought, but you must not use them to make new products.
Hope it makes sense. And I am neither a native english speaker
If a product is sold under an editorial license there will be a mention on the product page saying so.
For example on Jon for G8.1:
There's a thread listing most if not all items which were released with that license: https://www.daz3d.com/forums/discussion/628906/editorial-license-items-list-listing-report-only-no-discussion/p1
Thank you for all your help! Indeed I hadn't noticed the EL items before. I understand that this license might come across as more of a red flag than an incentive to purchase.
It's a bit better now, but to be honest, the phrase "if DAZ has determined, in its sole discretion" still carries an unpleasant tone, implying that decisions are final, questions won't be answered, and arbitration isn't an option.
I have argued many times that the "Editorial Licence" terms are probably not supposed to be exclusively under the Three Dimensional Works section (which would to my reading imply the only things genuinely restricted under the Editorial Licence are quite niche cases, such as adding support for those morphs to clothing), but have yet to hear any formal response from Daz on that.
As far as the overall intent of the 3D Derivatives section, my "I am not a lawyer" read on it is that it's intended to cover things like that clothing products *have* to copy the skeleton and weights of the figure to work, as well as being based on the figure shape and often have corrective morphs for different character shapes, and strictly that's all derivatives. So Daz have got to provide some permission for that kind of thing to make the infrastructure they rely on for their business model work.
If you're making products, as long as you're keeping the derivative stuff you're doing to the minimum needed for a product to work as intended with the other things it's intended to work with, and that nothing you're copying could reasonably have been made from scratch or without reference and still functioned adequately, you are unlikely to have issues with the Daz legal team.
Of course, if you're *not* making products, then it's fairly irrelevant. Standard renders, even if they depict things intended to be 3D objects, are covered under two-dimensional works, as the images themselves are 2D.
Here is another good example of Editorial License
https://www.daz3d.com/bw-rogue-marshal-outfit-bounty-hunter-add-on
The outfit is designed to look like another company's property (Star Wars). So Daz permits use in personal renders, but not commercial renders.
I'm not entirely sure whether I want to create products myself. However, for me, learning something without the opportunity to openly discuss, share, and collaborate with others feels like a waste of time. It’s happened quite often that I didn’t just want to buy something—I also didn’t want to use it solely within my personal little bubble :)
By the way, I would also think that the EL also means rendered images, e.g. if they have been sold. I thought I had at least understood the fair use doctrine because I'm a very big fan of it. But the linked product stopped me with my sense of understanding – however, thanks for sharing the link! It's a (very good) copy, it's not fair use, it's being sold (and I'm not even sure if I'm allowed to buy it).
I’m confused. But honestly, 50% confusion after 100% is an improvement. Nonetheless, thank you!
I am not clear where the (very limited scope of) fair use is relevant here? If you wish to be able to use your renders commercially you need to avoid Editorial License products. No license allows you to share the products (the content from the store) with others.
Thank you for the interest in this topic.
Sorry, I didn't know that it was so important to explain the reason why I was asking a certain question. If I had done that, I would have provided more work on this point. English is not my first language (as mentioned in the opening post), so *work* is not incorrect, I believe.
First of all: If I have to agree to any rules—when shopping, logging in somewhere, etc.—I want to understand what these rules mean. Maybe a bit outdated in an age where you "check all the required boxes" without asking questions, but this is my "way of digital life."
As a second part of this: I also want to understand what this means *for me* (especially when using things from foreign jurisdictions). So: if I suspect (!) that something touches the limits of US "fair use" rules or goes beyond them, it could be illegal here in the EU.
As I mentioned above: "By the way, I also think that the EL includes rendered images, e.g., if they have been sold." I agree with Matt_Castle (original above: "I have argued many times that the 'Editorial Licence' terms are probably not meant to be exclusively under the Three Dimensional Works section"). And if I haven't completely misunderstood your point, I believe you also agree with this :)
Last but not least: the vaviest part. I'm new here (as you can see). DAZ gives you the chance to try it out before you buy anything—that's very nice, but also smart—and I plan to do so. Now, can I know how it works? Can I say what I want to do, what I will love, what I will miss? No! Maybe I will be completely dissatisfied, incapable, annoyed, or overwhelmed :) But speaking about myself: I know what often happens when I start a new hobby—I reach a point where I want to do "my own" things. I no longer want to follow the knitting pattern, I don't want to copy the furniture plans, I want to create my own missions for PC games. So, it's important to understand where DAZ has limits for people like me before I invest time and money and engagement into it (as mentioned above: it seems to be less problematic).
So, I realize that my answer might be a bit of informative overkill for a simple question (but as I mentioned above: "This might be a bit boring"). I hope it’s okay to ask anyway. No one is offended, hurt, or touched by bad feelings or anything like that.
Happy weekend! (as mentioned in the OP, but that referred to - strictly speaking - a different one :))
You cannot share the content files, except in a limited degree with an Interactive License but those are not available for items sold with an Editorial License. It is the right to produce 2D images and 2D animations that you are buying, and that is what the Editorial License restrictions apply to.
Daz Studio itself is free, you are not trying before you buy there. The free content that comes with the application and the freebies in the store also remain free to use under the standard license (covering image and video creation) one you have claimed them. Of course daz hopes you will go on to spend real money on additoonal content, but that is up to you - it is not forced by the end of a free trial period. (There is a partial exeption, AniMate 2 works as the full plug-in for thirty days and then becomes AniMate Lite; ssismilarly Face Transfer 1 and 2 work for three transfer saves each before you need to purchase a license to save the result without watermarks).