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Copyright Question ?

Faeryl WomynFaeryl Womyn Posts: 3,663
in The Commons

I found out about this from an artist who used it in a render. After a search I found only this link to renderosity, yet it says no longer available.

My question is, if I decided to make my own version of this, possibly even share it as a freebie, is that copyright infringement?

It won't be exactly the same, however an item like this doesn't allow for a whole lot of alterations to make it different. Once completed, it would probably be hard to tell apart except maybe if someone looked at the mesh and I didn't end up making mine like they did.

Oh and it's the sweet hearts prop I want to make, not the girl or outfit.

https://www.renderosity.com/rr/mod/bcs/sweethearts-for-genesis-8-females/125238

Comments

  • mr clammr clam Posts: 707

    Dunno about copyright stuff, but this may save you a bit of time and it's reasonably priced.

    https://www.daz3d.com/everyday-candy

  • SpaciousSpacious Posts: 481

    I'm definitely not a copyright lawyer, but there's no way that making a new model, from scratch, of something that isn't copyrighted in the first place, could possibly be a copyright infringement.  Caveat: it's possible that the words on the candies could be copyrighted by some candy company, but I believe that would only apply if you wanted to make actual heart shaped candies with words on them.

  • FSMCDesignsFSMCDesigns Posts: 12,781

    unless you intentionally try to model it exactly like the existing product the chances yours will look exactly like the existing one are pretty slim. Your mesh will likely be different as well as your UVmapping. So if you create your own from scratch, it shouldn't be a problem.

  • MelissaGTMelissaGT Posts: 2,611

    Created from scratch, shouldn't be a problem...but the question I have is...why? If it already exists? If you need different words, I''d imagine they are all done via texturing and that can be customized in Photoshop. 

  • Faeryl WomynFaeryl Womyn Posts: 3,663

    melissastjames said:

    Created from scratch, shouldn't be a problem...but the question I have is...why? If it already exists? If you need different words, I''d imagine they are all done via texturing and that can be customized in Photoshop. 

    The why is because the product is no longer available, a search did not turn it up at any other site, so the only way to get a product like that is to make my own.

    mr clam said:

    Dunno about copyright stuff, but this may save you a bit of time and it's reasonably priced.

    https://www.daz3d.com/everyday-candy

    Thanks for the link and I bookmarked it. I'm not sure if it's right for what I want, since I will be increasing the size large enough for a person to sit or lay on, this could cause problems with the textures. Great set for candy shop though, which is on my list to render.

    Spacious said:

    I'm definitely not a copyright lawyer, but there's no way that making a new model, from scratch, of something that isn't copyrighted in the first place, could possibly be a copyright infringement.  Caveat: it's possible that the words on the candies could be copyrighted by some candy company, but I believe that would only apply if you wanted to make actual heart shaped candies with words on them.

    I do plan to have words, however not the same as the set Mr Clam linked to and not like in the original set. That way it will definitely be different from the other two and avoid that aspect of legal problems.

    Thank you all for your response, I know what to do now.

  • Kaleb242Kaleb242 Posts: 344

    The original product on Rendo probably had a copyright violation that forced it to become Unavailable... Sweethearts® is a registered trademark of a brand of candy now owned by Sprangler Candy Company.

    https://www.spanglercandy.com/our-brands/sweethearts

  • WonderlandWonderland Posts: 7,040

    Faeryl Womyn said:

    melissastjames said:

    Created from scratch, shouldn't be a problem...but the question I have is...why? If it already exists? If you need different words, I''d imagine they are all done via texturing and that can be customized in Photoshop. 

    The why is because the product is no longer available, a search did not turn it up at any other site, so the only way to get a product like that is to make my own.

    mr clam said:

    Dunno about copyright stuff, but this may save you a bit of time and it's reasonably priced.

    https://www.daz3d.com/everyday-candy

    Thanks for the link and I bookmarked it. I'm not sure if it's right for what I want, since I will be increasing the size large enough for a person to sit or lay on, this could cause problems with the textures. Great set for candy shop though, which is on my list to render.

    Instead of remodeling from scratch, you can use the Daz ones and just make the textures/fonts bigger in Photoshop/Gimp... 

  • SpaciousSpacious Posts: 481

    Just be careful.  The candy cartel is notoriously dangerous.

  • WonderlandWonderland Posts: 7,040

    I think it would be really hard for the candy company to sue. You can’t copyright a heart shape, a pastel color or even any of the phrases they use. If someone is using it as a large prop, it’s not even being depicted as a candy. Then they would have to prove the image you created somehow harms them and probably have to show financial proof how it harms them. You are not selling a candy. You are selling (if you are actually even selling) an image. I really don’t see how they would find it worth their while to sue. Maybe if used for porn, extreme violence or something else, MAYBE. But there would always be a cease and desist before any actual lawsuit. 

  • Richard HaseltineRichard Haseltine Posts: 102,730

    Closing this as it is turning into armchair lawyering.

This discussion has been closed.