Using DAZ character names?
eponica
Posts: 197
in The Commons
Hi... This may be kind of a weird question, but I just love the Tetracovine creature and am going to be using it in my graphic novel. My question is, can I call it a Tetracovine? Or do I need to come up with another name for it?
Thanks
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DS personnel will be able to advise you on the legality of that, but it's a tricky area as one can't copyright names in themselves, or book & song titles (unless also trademarked), but if one was to use a title too close to "The Lords of the Rings" one could find oneslelf sued or at best have problems publishing. I do work in various creative fields and I want to be 100% original in what I do, so for example when working in Daz I only use my own morphed characters as I don't want to see someone else's work using the same one. If I'm creating the name of a sc-fi or fantasy planet or nation, etc, I want it to be 100% original. I even get peeved when I see a TV series or movie in which the name of a character, species, land or planet has obvious connections to something already known. A good example is Deep Space 9's Jem'Hadar which obviously comes from the Urdu "Jemadar" ( who "... was originally an armed official of a zamindar (feudal lord) in India ... ~ Wiki). Not so long ago I found an 'artist' using the name of one of my charcaters, the name being my original creation, but there's no way of knowing if the name was cribbed from me - which would actually be legal - or if was individually inspired. It's a tricky area as one alien's full name (personal and family names) I created years ago, thinking there could be nothing like it on Earth eventually turned out to be a very common full name in the Far East!
Regarding your own work, it's up to you of course, but if I was using the tetracovine as you are I'd want to create my own name for the species. I've developed elaborate systems for name creation, but re this name I instantly see that the designer used 'tetra' because it relates to 4 (the beast being a quadruped) and the ovine part relates to sheep. So I'd compile a list of words that relate to 4 (also in other languages), another list of words which relate to sheep, goats, cattle - maybe also yaks and other animals - and try multiple combinations of the sylables until one comes up with one or more than one that sounds good. I coud come up with lots in a short amount of time; eg: one off the top of my head: horned quatyak or quatak - or quataq - as you can vary spellings. I'd always put originality first.
PS (added later): I already like kwatyaq, kwotyac and spelling variations!
Thanks! What a thoughtful reply.
I normally do come up with my own names, often with some relation to Sanskrit. In this one instance, though, I really liked 'tetracovine.' I thought it might be derived from 'bovine.' At any rate I can come up with my own name for the species. How the store name for the creature could/could not be used is an interesting question to me just from a technical standpoint too.
I know what it's like to have one's own original name for something crop up somewhere else just by chance. It's a bit of an eerie feeling.
Two points (direct quotes) from the EULA:
1. "DAZ gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Content and User is solely responsible for separately obtaining all such necessary rights or consents that may be required for any particular use of objects, names, trademarks, service marks or works of authorship."
2. "Trademark and Copyright. All DAZ products are trademarks or registered trademarks of DAZ Productions, Inc. All other brand and product names are trademarks or registered trademarks of their respective holders."
I'd assume you can't use the name "tetracovine" in fiction unless you receive express written consent from Daz.
I had someone message me about using my creature character name in their story, and I had no problem with it.
It does seem like a nice courtesy to do that.
This is both helpful and interesting. Looks like the safest and quickest route is to come up with my own name for the species. Thank you!
There are two kind of assets some intended for general public and for all creators e.g. Daz Store assets, some are for general public but only for selected creators, e.g. Disney characters. Therefore you are using an asset made/intended to use for all creators and hence as long as you are a licence holder, my understanding is Daz will never bother you for using assets which are made/created for us.
There is something to say for the name being part of the product you purchase. Which then would imply that it'd be fine to use a Victoria model and call her Victoria in your story. The same would then apply to the Tetracovine. The name being part of the product you purchased would imply that you could use the model in your renders and call it a Tetracovine in your story when referencing the creature in those renders.
Obviously, this is one of those cases of semantics that lawyers love and earn money from.
But, do note that the UELA article also mentioned "objects". It'd be quite silly, if we were to buy a model of a car on this site, but weren't allowed to use that car (which is an object) in our renders.
This is so interesting! I'm surprised that this question hasn't come up before in the forums, but when I did a search for it I found nothing. The EULA seems difficult to interpret in this regard. I agree, this is "one of those cases of semantics."
RawArt's observation is helpful. When in doubt, message the item's creator. But I'll still come up with my own name for the creature.
I would say that's a pretty different scenario because Victoria is a name that probably millions of ordinary people have had over several centuries. To my knowledge, nothing else has ever been called "tetracovine".
I think it is hard not to use the name sometimes. I mean, if it's a model of a werebat, and you call it a werebat in stories uh, how can you avoid using the name.
I guess, to me, it really depends on if the name is functional, such as werebat, mummy, vampire etc. vs, naming it something that is not descriptive of what it is.
One of the characters in my own fictional Steampunk world is represented by Alexandra 8. The character is the queen of the largest city of the world, the aesthetics of which is largely inspired by Victorian Britain. Since the real Queen' Victoria's full name was Alexandrina Victoria, I decided to call my character Alexandra VIII. It is nod to both the real person and the amazing Daz figure.
I see nothing wrong or against the EULA with that.
Agreed.
The link below is re UK copyright law. The tetracovine product and the name combined are definitely copyright protected, but the name of the beast itself can't be protected as numerous others with no clue that the Daz product exists can by conincidence create the same name. If someone wanted to name any pet 'Tetracovine' it would be quite legal, just as anyone can name their child or even change their own name to Gandalf. Having done a bit more research, as regards the key question, which is 'can one use the name of the Daz beast for the Daz beast in a comic' the answer is almost certainly 'yes', so long as the creator of the beast is acknowledged, as the beast itself is free to use.
https://copyrightservice.co.uk/copyright/p18_copyright_names
Now what happens if your comic makes it big, gets picked up by a Hollywood studio and a movie is made. In the process of making that movie a trademark on the name "Tetracovine" is applied for? DAZ doesn't hold a trademark on it. Or you want to secure your successful comic and apply for the trademark.
The result is that an outside entity can dictate what to do with this figure you used to start this all off with.
Everyone here keeps arguing in circles about copyright when copyright does not apply to the issue. The issue is branding, name recognition and thus trademark.
This is an interesting topic. Frequently, I don't have a unique name for the characters I make from the figures and it's simpler to use the provided name. But that's usually people names, not critter nomenclature. And some creatures, like representations of Krampus, would be properly labelled as Krampus, right?
With that in mind, unless it's some sort of deliberate homage work, it's probably best to make a space between the source and the derivative product.
I am very fond of inserting nods to people, places and things that have personal meaning...almost an inside homage.
I use lots of Daz-sourced product names, features and products in my comics.
I also use Forum Members' names when inspired.
Almost a grand coincidence that Serene Night is commenting in this thread....
You're conflating copyright (protection against unauthorized distribution or performance, and against the creation of derivative works) and trademark (legal registration and protection of names, phrases, and visual designs of commercial value).
Yes, all sorts of legal distinctions are moot points until someone bleeds or loses money. Let's say that Disney sticks some kind of four-legged creature in the next Star Wars movie, and they call it a "tetracovine". Suddenly, there's the movie, tetracovine dolls, tetracovine T-shirts, and tetracovines looking at us from the sides of Taco Bell soft drink cups. Do you think that Daz and the PA would say "Good for them" or "Tetracovine? That's our name. They need to cut us a giant check"? (Disney's legal counsel wouldn't let it get to this in real life--They'd have required a replacement name for the tetracovine.)
Daz asserts that they have trademarks for the products (I have no idea if they actually register these trademarks) so that (1) the same name isn't used for a competing product, and (2) to protect their financial interest if that name is used in a commercially significant way.
Registering trademarks would cost quite a lot of money! Daz catalog is over 40,000 products now. At $250/product, I highly doubt Daz is registering trademarks for every product. I've not seen any evidence of them doing that.
https://www.uspto.gov/trademarks/trademark-fee-information
I'm not conflating other than where 2 things are related. EG: copyright and derivative works are directly connected. Some derivative works would infringe copyright - ie: permissions would be needed before publishing the derivative work - while parody, which is derivative, doesn't need the permission of of the original copyright holders. That's always been US law (connected to freedom of speech), but only became UK law in 2014 when the UK, then still in the EU, adopted EU copyright legislation. I'm specifically writing about the 'tetracovine' name issue which if trademarked should have the ™ associated with it. As I wrote above, "...as regards the key question, which is 'can one use the name of the Daz beast for the Daz beast in a comic' the answer is almost certainly 'yes', so long as the creator of the beast is acknowledged, as the beast itself is free to use." Though "so long as the creator of the beast is acknowledged" is really a courtesy only.
Griffin Avid ~ you wrote "I also use Forum Members' names when inspired." That could get you into trouble if the forum member feels offended by the use, or if the member uses the name professionally. It's a risk I'd never take.