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Asset License Query

garrett_3dgarrett_3d Posts: 811
edited August 22 in The Commons

I purchased an asset some time ago with the intention to use it in my VN. Upon closer inspection, I found it has a Toyota brand logo on it so thought I would check the asset out in the store. When I purchased the item, there was no mention of a restrictive license, now however, it is being sold under editorial license.

So my question is, does the editorial license apply to me as I bought it before the license was applied to the product?

 

EDIT: Just checked another asset out with an obvious Aston Martin logo, but there is no mention of an editorial license on the store page.

Post edited by garrett_3d on

Comments

  • jmucchiellojmucchiello Posts: 1,979

    It is unlikely the PA or Daz has a brand license from either car company. If you make a render with an obvious trademarked logo in it, it is you who are potentially on the hook for an legal issues if the IP holder decides to sue. The only thing the editorial license does, a license the IP holder is not party to, is allow Daz to say "We warned the artist there might be issues." It's their "we shouldn't be defendents in this lawsuit" card.

    IANAL TINLA. 

  • Matt_CastleMatt_Castle Posts: 3,236
    edited August 22

    So my question is, does the editorial license apply to me as I bought it before the license was applied to the product?

    This comes with an "I am not a layer" attached, but a sale contract cannot be amended after it is concluded; it is my understanding that in the event Daz updates their licence, then you are entitled to continue to use assets under the terms you purchased them under. (Although it occurs that may be complicated somewhat by the need to accept new versions of the licence in order to download program updates and the like. So it perhaps merits a careful reading).

    ~~~~~

    However, I am only aware of two cases of editorial licences being retrospectively applied to products.

    The first was Killmonger Hair where the customer reaction was poor enough that the regular licence was later restored and the product instead retired from sale, with Daz (IIRC) semi-officially stating that this would be what happened going forwards.

    The second, and the only exception I am aware of since, is the Presidents bundle (and its contents), where it was done very soon after launch and purchasers were given the opportunity to refund.

    I would personally assume you were in error when the product was purchased and that it did have the licence. Which product is it specifically?

    ~~~~~

    In any case, jmucchiello's commentary is a safe position to take. Regardless of what licence it was purchased under, Daz and the vendors can only grant you the permissions they hold, they cannot supersede the rights of other IP holders.

    ~~~~~

    As one final footnote though, I will point out that technically the clauses about editorial licencing are only under the 3D Works section of the licence, so arguably don't apply to renders at all, and only really preclude derivatives such as adding shape support for editorial characters to clothes.

    Post edited by Matt_Castle on
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