Can I Get Any Copyrights To A DAZ Genesis Model By Making Custom Content For It?
NatalSKing
Posts: 9
Hi everyone I was wondering if I could get any kind of copyrights to a base DAZ Genesis model after I make exclusive content for it? Basically my plan is to start by applying morphs to a base Genesis model that has no clothing, hair, or textures on it then import the model into Blender or Hexagon and make custom content for it thus avoiding using presets that are on the store. Hopefully that could give me rights to the end result character or at least the appearance of it anyway. I really do not want to leave DAZ3d because it's impossible to get any rights to the end result regardless of how original or customized it is. I would prefer not to purchase iClone 6 Pro to get Reallusion's Character Creator since iClone 6 Pro and 3dxChange 6 Pipeline cost too much for me. To be honest I really have no interest in Makehuman only because their models don't look the way I would like for them to. Anyway I truly hope that people like me who work towards making custom content are able to get rights to the end result character. Think of Hiro 5 for example I like the way his model and morphs are designed I just don't want to use any premade textures, clothing, or hair and etc.
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Daz 3D own the base genesis models. All you have is a license to use the model.
You can make your own custom characters for the base model, but can only disribute them in a format that does not include the base model (or any of the available morphs) itself, ie you can only distribute any custom morphs that you have made yourself completely from scratch with none of the base morphs or mesh included in the package offered.
It's obvious to me that DAZ owns the base mesh no matter what. However what I'm trying to do is customize base characters with my own content in such a way that others won't have rights to try mimic the end result character.
But I have no intention on distributing nor offering them to anyone since I'm just trying use them in games that I plan to develop. Hope you understand me now.
You should talk with an IP attorney. But basically, for copyright you can't prevent someone else from applying the same non-handcrafted morphs you did and coming up with an identical character. These are algorithmic alterations performed by a computer, and as such (and at least in the US, but in many other countries as well) are not protectable under copyright.
You could attempt to fashion a character that you then protect via either trademark or (much more infrequently) design patent. Neither is a simple process, and both are expensive endeavors. Design patents would involve physical items you make -- your character as part of a toothbrush, for example -- and Daz already will not license a 3D depiction of their assets for commercial use, regardless of the changes you make to the base mesh. You'll have to start at square one for those, anyway.
The above is not legal advice. As I said, speak to an IP attorney.
I wanted to note this separately: Let's assume you create a new character, either entirely from scratch by building your own mesh, or taking an existing mesh and -- by hand -- modifying it with distinctive characteristics.
What you *could* have is a road toward filing a copyright for a character design, but these are very tricky, and unless filed by a knowledgeable IP attorney, tend to be easily defeatable. The kind of copyright that is quick, easy, and inexpensive revolves around unique expressions of art -- a single drawn panel, for example.
The problem with copyrighting character designs is that the characters are seldom really all that unique from what's already out there. The copyright office will accept the registration, but it's a weak defense, because no due diligence is required to determe conflicting registrations. You could be sued by someone else with a prior claim to a character that bears a striking resemblence. Your registration carries with it no rights to exclusivity, which you must prove in court (on your dime).
In the end, most artists don't try this play. They instead continue to develop unique characters that the reading or game playing public comes to recognize as belonging to a particular creator. The market itself takes care of the rest.
All content purchased from the DAZ 3D store is covered by the EULA http://www.daz3d.com/eula And BTW you will need a Game Dev License or licenses if you intend to use Daz 3D content iin a game or games. There is one license which covers Daz Originals (content which shows Daz 3D as one of the creators) and there are a few PAs who allow their products to be used in games, and have game dev licenses available. http://www.daz3d.com/catalogsearch/result/?q=Game+developer+license
Ah yeah Tobor I remember reading somewhere else on the forums about an IP attorney. Speaking of an IP attorney I believe I can handle that because I have ways of finding assistance through the internet and in person. So anyway if I decide to even use DAZ3d content I'll keep both of your replies in mind. Cheers!