Copyright question
XoechZ
Posts: 1,102
Hello!
Just a short question:
Am I allowed to use props from the store to create background images and sell them?
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Comments
Read the TOS.
You are allowed to use the items you buy here to create images which you can then sell. Be sure to use more than just one object in your image. It may also take awhile for you to get good enough at making images so that people want to buy them.
Good luck.
If you do make images using DAZ 3D products as backgrounds for sale you should ensure that they are not simply reproducing the promo images from the store, they have to be obviously unique.
And a hint, it is better to maybe start by offering a few freebies, to see if people think that your images are useful to them.
Thank you!
The reason why I asked is that I have always problems with completely understanding such TOS texts because I am no lawyer and English is not my first language. So I am never sure if I understand everything correctly.
But what do you mean with "Be sure to use more than just one object in your image." ?
So I cannot paint a background and use one single wall prop to make it look more interesting?
Good idea, thank you! But where do I offer (upload) freebies? Is this possible here?
Good idea, thank you! But where do I offer (upload) freebies? Is this possible here?
I use Share CG, or did before I got my own site. I still have some stuff up there even now. It is one of the best places for sharing freebies.
Thanks all!
Unfortunately this question is still not answered:
She means don't buy an environment set and only use things from that one set. Mix it up.. add plants, parts from other sets, paint over it, etc.
Best suggestion is ask DAZ themselves. Part of the TOS is that you cannot use DAZ assets to create what they see as competing products.
There has been at least one case where a vendor at Poser Pros (during the period when it was owned by DAZ) that they refused a set of 2D backgrounds that used a number of PC products. They based their refusal on the competition issue.
Whether or not those currently running DAZ would or still hold that view is unknown. Free or for pay, DAZ can order them removed if they see them as a competing product. Better to get everything in writing above board before you start.
There is really no need for the OP to contact DAZ 3D. The advice given so far is enough to give the OP a guide as to what is acceptable.
I am afraid I do not understand what you mean with "competing products".
The whole store is full of competing products, isnt it?
I mean, if I create and release (e.g.) a bikini, then it is a competing product to all other bikinis that are available already.
The fine line is e.g. when you take another product to create a competing product - e.g. environment sets are often designed to be used as 3D backdrops and when you render such a set alone and try to sell that render as a backdrop then, I'd wager, that is a no go. I am no lawyer of course so take this with a grain of salt.
True, but it's likely that people will buy more than one bikini for their runtimes. You don't see everyone at the beach wearing the same swimsuit.
When they say "competing products," they mean "products that would reduce the number of sales the store can make." If I made a render of a single prop and sold that render, somebody could buy the render and use it as part of their own image. That would be a sale to me (of my render) instead of a sale to DAZ3D (of the prop), and that's what would make my render a competing product.
I see what you mean. But if I sell the render here at the DAZ Store it does not matter for DAZ if they get the money for the prop or for the render (backdrop image). They will get money anyway :-)
But I think it is probably better not to use anything from the store and paint everything by hand.
I just had the idea because there is another shop where you can find many many backdrop image products which contain also many many well known props from the DAZ Store. Not images from the props alone of course, but painted backdrops containing props or parts of props.
I see what you mean. But if I sell the render here at the DAZ Store it does not matter for DAZ if they get the money for the prop or for the render (backdrop image). They will get money anyway :-)
But I think it is probably better not to use anything from the store and paint everything by hand.
I just had the idea because there is another shop where you can find many many backdrop image products which contain also many many well known props from the DAZ Store. Not images from the props alone of course, but painted backdrops containing props or parts of props.
There is no problem with using DAZ 3D products as part of an image and then including it as a part of a commercial product. However what is being said here is that if the background image was made in such a way as to be able to be used as a substitute for the original product then it could be deemed a competing product. That would be true regardless of which store it was going to be sold at.
I think the language barrier is making this sound more complicated than it is
you can do a render of a prop and sell that image
not at Daz but say on DeviantArt or some other site as an art image.
but
selling a render of say a premade scene like say Stonemason's Enchanted forest with the light presets and cameras included unchanged as a product to be used as a background for another persons render so they do not need to buy the original is selling a derivative product.
Not a derivative product, a competing product.
The product is sold in order for people to be able to produce images, but producing an image which is virtually simply a promo image of that product and then selling it as a background image makes it a competing product, as an image like this would make it possible for the person to use the image rather than actually buying the actual product themselves.
A derivative product would be actually using part of the product.
What is happening here is that people are taking the question too literally and totally confusing the poor person who asked a simple question about commercial images.
Ok ok ok, thanks to all for your input so far.
I think that it is maybe the best to show you an example, so that we all know clearly what I am talkig about. Please have a look at the attached image. It is hand paintred and contains 2 props from Stonemason´s Modular Ruins set.
So, is an image like this good for selling in a backdrop package here at the store?
Oh, and please do not rate the quality. This is really just a fast example, done in less than 5 minutes. It is only about the content.
Seems fine to me, although as you say any background images would need to be High quality and unusual as it does tend to be a saturated market, there are a good many already available
Thank you! That´s all I wanted to know :-)
Of course they have to be big and high quality. But I am not giong for photo realism, I like to do fantasy style. So my backdrops would be suitable for fantasy renders. I have not said that I am publishing anything in the next time. I just like painting, but I am still learning. But this is fun and I like it. So maybe I am doing simply a few freebies some day. Who knows :-)
And this is another (quick) example, using the Gothic Ruins prop.
It's really to bad DAZ has such a grey area on this. I personally don't think it is right to create a render of an environment and then sell it. I view that as a competing product. If I was to create some high quality renders of Stonemasons enchanted forest and then sell those renders as background images, IT IS competing against the Stonemason product and as such has a high probability to take away sales from the Stonemason product.
Obviously if parts of various sets are used and then postwork added, that is a different story, but I have seen too many just hit render and try to sell it as their own.
It would have to be left a grey area because exactly where and how could anybody really draw the line? The purpose of all the content is to be rendered into an image. Images which can be sold as is, be it for clipart, book covers, scrapbooking, etc. Postwork is normally a good idea [esp would have been for some of the book covers I've seen lol ...] as well as the concept of "making it yours". To just load any one figure "T" and zap it out as a render for sale is rather like selling a sphere for about $45, yet people do. [for noobies, spheres are found in most if not all modeling and staging programs, no need to buy one!].
So far as I know, in short, it's perfectly legal to use the 3D assets sold through the Daz store to create original works of art which you can then commercially sell.
For some reason, things like fonts often force the user to purchase them, no matter how they're used. With stuff you buy through the store here, it doesn't work like that. The end product you produce is yours to do with as you see fit.
On the other hand, I'm not sure if that's the assumption with things you buy or download through other sites.
Nice paragraph on the front page for the Website atm makes it perfectly clear, no gray areas, that we may use our renders as we please :-)