Commercial License for Publishing?

drakkendark

So, the whole reason that I purchased V4, M4, Carrara and so on, was that I would prepare to someday make my own graphic novel with the purpose of selling it. I read the EULA, but I was unsure how this related to that project idea. It appears that if you are a video-game developer, that you need either an indie, or commercial license on top of the one that you already have. When I click on these links it says 404 Error missing or some such message.

1.) Is there another fee involved to create publishable art?
2.) If so, what is the pricing?
3.) As an example, what abilities exist for using V4 within the EULA?
4.) What am I NOT allowed to do under the EULA in the context of comic book art.

Thanks for helping with this,
-DrDrk

fixmypcmike

Any renders, either still or animated, you can do what you like with. There is one item in the store, "Anna Marie Goddard Digital Clone", which has some restrictions. Things you get elsewhere may have different terms, in particular a lot of freebies are non-commercial use only.

drakkendark

Thanks and yay!

multimediasteve

The terms of use clearly limit 2d renders to strictly non realistic renders as it states you cannot extract any part thereof, which legally must include 2d renders done realistically. If we would like to publish a 2d clipart collection using Daz 2d renders we would be liable if you change your mind on your current thinking and choose to become greedy in the future. So how do I get license for thousands in content that I can trust? I cannot log in to download manager anymore.

(iii) publish, market, distribute, transfer, sell or sublicense User’s two-dimensional animations, renderings and other works; provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format.

Leana

You need to accept the new EULA to download your content, as they changed it to add the section on 3D printing.
Go to "My account" and then "Product library" and it will open in a page where you can accept it (no idea why you can't accept it from DIM :roll:)

edit: and the restriction about extracting the content is there to cover cases where for example someone would just load a background, or load a texture file on a plane, and claim they can use the render however they want.
Realistic renders are fine.

multimediasteve

I do not accept the Eula. Turbosquid has already banned 2d clipart type use. I have many thousands of dollars ar stake. I need a license that allows me to use the products for what they were purchased for, Maybe I will now have to buy developers license or just quit and eat another software loss.

Leana

Taken from an installer I downloaded in 2008 (it was probably already there even before, but this one was on a disk I had nearby):

you may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any 3-D Model(s) or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original 3-D Model(s), or any part thereof, or any substantially similar version of the original 3-D Model(s) can be separately exported, extracted, or de-compiled into any re-distributable form or format.

So you see, this clause has been in the EULA for years, it's nothing new... The only changes in the new EULA are about 3D printing.

Chohole

Leana said:

Taken from an installer I downloaded in 2008 (it was probably already there even before, but this one was on a disk I had nearby):

you may not in any case: (a) separately publish, market, distribute, transfer, sell or sublicense any 3-D Model(s) or any part thereof; or (b) publish, market, distribute, transfer, sell or sublicense renderings, animations, software applications, data or any other product from which any original 3-D Model(s), or any part thereof, or any substantially similar version of the original 3-D Model(s) can be separately exported, extracted, or de-compiled into any re-distributable form or format.

So you see, this clause has been in the EULA for years, it's nothing new... The only changes in the new EULA are about 3D printing.

Adding to that, the new EULA is actually more lenient than the old EULA that was included with every DAZ 3D installer, as has been said many times in previous discussions about EULA changes.

multimediasteve

Those are 3d paragraphs. I accept you could not take apart the 3d model and separate textures and backgrounds. These could be covered in a separate paragraph specifically for them. Since it specifies 2d renders if Daz were to be sold under the current climate of suing for profits this paragraph is wide open. I am concerned I was probably caught by the last Eula update so my purchases back a decade are probably actionable. I am confident the banning of 2d clipart collections will be the norm. Soon, you will be able to reconstruct models with a single realistic render. This would satisfy the courts reading of the Eula on 2d reconstruction.

Cris Palomino

Are you basically doing 2D art renders from DAZ products? Other than the one product of Anna Marie Goddard (which if you don't own, you have no problem), there is no restriction on using 2D renders or animations for commercial or personal use. I do not understand why you think there are, but that is it in a nutshell.

BeeMKay

Here's the exceprt from the current EULA:

• Terms of Use. Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) access, use, copy and modify the Content in the creation and presentation of two-dimensional animations and renderings, (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the Content in User’s other works, and (iii) publish, market, distribute, transfer, sell or sublicense User’s two-dimensional animations, renderings and other works; provided that User may not in any case publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any Content, or any part thereof, or any substantially similar version of the Content can be separately exported, extracted or de-compiled into any re-distributable form or format.

Three Dimensional Works. DAZ wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:

◦ any such derived or additional three-dimensional works are designed to require or encourage the use of Content available through the online DAZ store either by (i) requiring the use of such Content to function, or (ii) allowing only limited function when not used in conjunction with Content from the online DAZ store; and

◦ upon receipt of a written request from DAZ, User will immediately cease any and all distribution of the derived or additional three-dimensional works User has created from the Content, if DAZ has determined, in its sole discretion, that (i) such additional or derived work is substantially similar to or is a clone of existing Content; or (ii) such additional or derived work fails to require or encourage the use of Content available through the online DAZ store as described above.

The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of Content or any three-dimensional art derived from the Content is permitted only for personal, non-commercial use by the User. Additionally, the user may not grant other entities or individuals the right to produce such physical representations of the Content except for the sole purpose of providing the print to the User for their personal use.

All other rights with respect to the Content and its use are reserved by DAZ and its licensors.

So, as others already said, you can create a 2D image like a graphic novel, or clipart, or animation, from the content, and use it commercially as you please, with no extra costs or fees.
The only restriction is 3D, which only allows you 3D prints for personal use.
The point where you would need a game license is when you include the actual mesh in a game.