Can I use the Interactive License this way? Yes, I did read the EULA
First, my apologies for asking a question that has probably been hashed many times, but I really appreciate a plain english reply on this.
Although I am asking about a Paleo product this is also about the interactive license in general. In some previous iteration of the license I believe I was required to identify the project I would use the product in and then I was licensed for use in that project so I dropped the whole idea of using DAZ and purchased some non-DAZ products.
So here is my question dear oracles of DAZiland :-)
If I purchased FBX-Dash Floor Trader ( https://www.daz3d.com/dash-floor-trader ) it seems to come with several meshes (Omri Hair, Jacket, Shirt, Tie, Pants, Dress Shoes), morphs, textures, and interactive license for each item.
Does this mean I could buy this product, then:
1. Bring it in to Blender to modify it and mix that product (clothing, hair, etc) with other DAZ products for which I have purchased an interactive license as well as my own custom textures and morphs.
2. Export my new combination into a Unity (or Unreal) VR environment (game) to use as an asset.
3. Sell that VR/Game with the asset included. Is there any requirements/restrictions on how the asset has to be incorporated into the VR/Game? Specific details would be appreciated using Unity or Unreal as a reference.
4. Build a second VR/Game and use the same asset without buying a second interactive license.
Excerpt from 3.0 Interactive License Addendum ( https://www.daz3d.com/eula/ ):
Three-Dimensional Works. DAZ wishes to encourage the expansion of the catalog of CRT Content available to its users. Accordingly, User may access, use, copy, and modify the CRT 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 CRT Content available through the online DAZ store either by (i) requiring the use of such CRT Content in order for the works to function, or (ii) allowing only limited function when the works are used other than in conjunction with CRT Content from the online DAZ store; and
- upon receipt of a written request from DAZ, User immediately ceases any and all distribution of the art that User has created from the CRT Content, if DAZ has determined, in its sole discretion, that such art (i) is substantially similar to or is a clone of existing Content; (ii) fails to require the use of Content available through the online DAZ store, or (iii) otherwise violates the provisions of this EULA.
- The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of CRT Content or any three-dimensional art derived from the CRT 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 CRT Content except for the sole purpose of providing the print to the User for their personal use.
All other rights with respect to the CRT Content and its use are reserved by DAZ, the PAs, and their respective licensors.
While incorporation of the CRT Content into User's applications is authorized as set forth above, User expressly agrees and acknowledges that any discrete sale of CRT Content separate from a purchase of the User's application is allowable ONLY with express written consent of DAZ. Thus, for example, within the context of a game, the sale or purchase of the CRT Content, portions thereof, or either two-dimensional or three-dimensional derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of DAZ. Written consent of DAZ may be sought at the address set forth herein.
Comments
I think that the best way to get a definitive answer to your questions is to contact Daz so you have a record of the exact requirements for your records and protection. As long as you have an interactive license for the products you're going to use you can use them as you like as long it's within the scope of the license. At first read, I would say that your product use would be covered under the interactive license as long as you have one for each of the products you're going to use. Take this with a grain of salt though cause I'm not 100% on all the rules myself.
That's exactly the most common scenario the DAZ 3D interactive license was made for. However, I see no interactive license available for the Paleo product you bought. You need to fill out a ticket for that question with DAZ 3D Support and ask in that case. Or you can figure out if you can contact Paleo directly and ask if you may do that. Paleo I think is just another DAZ daughter/sister company. I think the interactive license is included with any Paleo product you buy in the DAZ 3D Store. DAZ 3D need to state that in the product description. They might get more sales of those products that way.
I have not yet purchased this, or any other DAZ product, for use with Interactive license at this point since I am not 100% clear on the use case I stated would contain any potential copyright infringement that I discover after the fact. I am also concerned that writing the terms of the agreement in a non-layman standard suggests it leaves ALOT of room for interpretation by DAZ and at a DAZ's sole discretion.
I will attempt to get a reply from DAZ, as frank0314 suggested, prior to moving forward that will hopefully not be written in a legal obfiscated manner, or say please read the EULA. For me, that is basically saying take a copy to your lawyer and ask them.
Text on the product page:
This product includes a standard FBX format as well as a native Maya format version.
This product also includes the Interactive License for no additional cost.
Probably Daz can give you a clear yes/no to the exact situation you're laying out, but one of the problems with legal text for end users is that it's meant to stand on its own so that the not-lawyers at any given company don't accidentally say something that contradicts it. That said, nobody doing legitimate business actually wants to go after someone legally and the goal is mostly trying to provide a means for you to do what you want to do without also opening themselves up to legal problems.
Ok, so it already includes the statement the interactive license is included. I missed that. So there you have it go ahead & use in games & apps you release to stores using Unity / UE4 / and other 3rd party commercial game engines.
I guess the other point I will have to address is:
"are designed to require or encourage the use of CRT Content available through the online DAZ store either by (i) requiring the use of such CRT Content in order for the works to function, or (ii) allowing only limited function when the works are used other than in conjunction with CRT Content from the online DAZ store"
How can a product used in an Unity app that was processed through Blender (with garnish added) and integrated into the app be in anyway designed to require or encourage using the DAZ online store?
If I understand that, I am being instructed that I can use the product in my product as long as it is an advertising or portal to the DAZ online store.
What is "CRT Content"?
I know that Chohole told me that the interacvtive content doesn't allow you to make a Unity game using a boatload of IAP (In App Purchase) DAZ 3D products that you have bought and packaged with the intent of selling them to the game players via IAP or other means. If they did someone could just buy all the DAZ 3D Store product, convert them to UNity friendly format, and the sell them, modern by model, via IAP. Even could set up the unity app to poses, change clothing, hair, sets, animations and render as if the Unity App was just imitating DAZ Studio.
This part is saying that you can create addons for items you purchase from Daz as long as you need the original product to use it. So you can create texture expansions for a clothing set you didn't make, but the user who buys your textures needs to own the original clothing product to use them. You can create a package of character presets that use dials from a specific morph pack, but they have to be shaping presets that require the user to own the original morphs to work. This "encourage[s] the use of CRT Content" by expanding the potential uses for any item people have created addons for.
This is basically their interest in having restrictions on the interactive license that make it sound complicated. It's not; the standard license says you cannot transfer the files of a Daz product to another party. A 3D game that loads a 3D mesh a player can interact with or move around in realtime requires the developer to package that data with their game, so the interactive license is giving you permission to do that as long as you're not letting people access the data outside of playing the game as intended.
I'm hazarding a layman's explanation of this because every few months I see someone who is really concerned about what the interactive license covers, but all it's really asking you to agree to is that you won't provide the content you get from the Daz store to your players in a way that lets them get the content without purchasing it themeslves.
"CRT content" is just the term used to refer to any product or part of a product you got from DAZ.
The product text says: "This product also includes the Interactive License for no additional cost."
So you'd have purchased the interactive license for that product, and can use it according to the terms and conditions of the daz interactive license. So i would assume.
Your use case on a higher level should be fine with the interactive license - i explicitly asked support for reuse, because other markets tend to have a bogo-renewal built in, like after 50000 copies you have to (what i don't remember .. buy a new one, or start negotiating?) or even just for one project. So with DAZ there seems to be the most clear-cut type of interactive/extended license, i've come across so far. You do need to have an interactive license for all used items from daz3d.com, including hair and clothes of course (and appropriate licenses for anything else, if needed) - assuming that's clear, just in case.
However "use as an asset"... "further measures" ... there IS some clues on the description page of daz3d.com. These involve proprietary formats or "encryption" and/opr something. Read those, and best make a test case (without publication) or just ensure of the resulting formats and methods, and just ask the support?
https://www.daz3d.com/eula#interactive
- Not the formats from the product. (Can be partly tricky, but assume you can at least have the exported models put in a file container or the engine format.)
- "employing technology, asset protection, encryption or any other resources" - here it gets shady or something. Encryption, asset protection, technology - voodo? Of course i can add some encryption to the file container and decrypt and read in-memory, but technically with the key in the application it's not much of actual encryption - it could be elaborated, maybe with distributing on a gaming platform, if they host an encryption service, or the key is received via internet and stored in a TPM, but strictly that isn't that much more helping against the diligent attacker and it also imposes further problems on you and your users (privacy, internet connection for setup, being tied to a gaming platform, ... what not). Technology ~ a digital kraken? Resources - one pirate per customer? Yes, you could use watermarking per customer, and if you get sued, your EULA will count, you sue the customer.
I'll likely try a propriety format (mine) with some obfuscation/encryption with keys read from differing places. But it may be less needed. Haven't asked support on that one yet. (I might be using the godot engine for some things, so open-source isn't proprietary, probably, so i might need to do some extra push-ups.)
Specifically EULA:
" For any User who has purchased one or more Game Developer Licenses the terms of this Addendum 3.0 apply to all Content for which the User has purchased a license via the DAZ store where the "Artist" field of the Content contains a list of one or more Artist Names, provided that the User has also purchased Game Developer Licenses for each of the Artist Names represented in the Artist Name field of the Content.
For any User who has purchased one or more Interactive Licenses via the DAZ store, the terms of this Addendum 3.0 apply to all Content for which the User has purchased such an Interactive License.
For any User who has purchased a Game Developer License for "Daz Originals", the terms of this section 3.0 apply to all content which contains "Daz Originals" in the Artist Name, regardless of the presence of additional artist names also in that field.
All Content that can be identified according to the criteria stated above in this Addendum 3.0 shall hereinafter be referred to as "CRT Content". The terms of this Addendum 3.0 do not apply to any Content other than CRT Content. "
That is correct, it would be a vioaltion, because the intent is to repackage the existing content via an interactive license but by doing that you are creating a specific form of competition which attempts to circumvent the nature of the license.
My concern is I make a 3D interactive game using DAZ model (as is or modified) and then when I sell the game those models are included with the game, possibly in an open format. Then later I make addtional "levels/enviroments" for that game and that includes more DAZ content. A third possibility is an add-on pack which includes DAZ content that I have modified and sell for the purpose of using the DAZ content in my original game.
I'd assume a game with several parts each paid for individually and each adhering to the terms of the interactive license by itself, shouldn't be the problem. Maybe they don't want it, in which case, there would never by a game using daz assets, that has an R18 add-on for instance. I'd ask support for a specific case, not too many maybes.
Thank you to plasma_ring and generalgamepalying for your input. I think every few months someone asks this question because DAZ has not provided a supplementary document explaining, in layman's terms, the terms and conditions and setting out example use cases. There is no legitmate reason why this could not be done be the same people who drew up the EULA. The only reason I can see to avoid provding clarity is because the EULA addendum 3.0 is only meant for those corporate entites that will run everything past their lawyer for explanation, not independant artists.
I have worked with many corporations that had long legal agreements but provide supplementary documentation as I mentioned above. They include a header statement saying that what is explained in the supplemantary documentation does not define or circumvent any terms in the EULA and that they recommend seeking legal council.
In the end it seems if I deal with the DAZ EULA, I will have to invest legal council prior to doing any development. I use DAZ content for 2D work but I am still very apprehensive about 3D content usage. In the new year I will have to prepare a use case scenario and submit a ticket to see their response.
Does make sense, absolutely. Loctated in europe, i'd also be interested, and will go there at some point, though i'd also throw in licenses of other stores to be on the safe side with legal advice. I'd still ask DAZ support first, they tend to answer requests :).
All marketplaces should provide such for the foggy parts, in my opinion. At least some show-case for how some game/thing dealt with it.
Even that sounds iffy from what I was told earlier.
I've decided, should I even complete the programming of a game I deem worthwhile to release, that no content I bought from the DAZ Store would require an IAP purchase to access it. Either: the game in it's entirety has to be bought upfront or a free game I release would use IAP but that IAP would have to use other incentives then using DAZ 3D products.