About EULA

ml1_70dc8d9cac

Hello everyone,

I don't know if it is the right forum for my question !

I'm not quite sure to completely understand the EULA about the Poser characters and props I purchased.
(English is not my mother tongue and concerning licences the terminology is sometimes tricky).

For instance may I use them in a game or other I create with the intention to sell these.

Will be glad to ear from you.
Best Regards.

Sockratease

Hello and welcome!

In general, sorry - but no. You may not embed the actual mesh in a game or otherwise distribute the model. But rendered images are fine (sprites, animations, etc. ). You can do what you like with the rendered images.

There's a gaming license available if you need to redistribute the mesh.

Hope that helps.

Arien

Also, if you do buy the game license, make sure you understand that this license covers ONLY DAZ originals. PA products have individual licenses available in some cases, but for the most part, the meshes/textures cannot be used in games at all.

ledhead

I understand but in my opinion, if you pay for something you should have the right to use it as you see fit, as long as you are not reselling the product itself, but using the product in an environment like a game, you paid for it, you should be able to use it.

RawArt

Ledhead said:

I understand but in my opinion, if you pay for something you should have the right to use it as you see fit, as long as you are not reselling the product itself, but using the product in an environment like a game, you paid for it, you should be able to use it.

You have to get a proper understanding of what you are buying.
You are not buying a product, what you are buying is the rights to use a product.
As such the specific rights which you buy are what is set out in the EULA.

Once you understand this, it will help avoid confusion.

Rawn

Arien

Ledhead said:

I understand but in my opinion, if you pay for something you should have the right to use it as you see fit, as long as you are not reselling the product itself, but using the product in an environment like a game, you paid for it, you should be able to use it.

If you'd paid for a table or a physical object, yes. But when you're purchasing our products, what you are purchasing is the license to use them, not the files themselves. You cannot resell them, and using them on a game would be reselling them. You also cannot chop off bits of the mesh and use in items that you are reselling, for exactly the same reason. The level of usage is reflected in the price, in the same way that a property suitable for commercial use rents for a lot more than a property for private use. Try renting a property for private use then using it commercially and see how fast the landlord kicks you out. This is no different.

Also, when releasing a game, a lot of the meshes are extractable with the right tools, so you ARE reselling/redistributing the meshes as part of the game.

Products here are priced for final users, to use for rendering, they can be used commercially as long as what is sold/given away are full renders; there is the option for some products to be used commercially for redistribution, but those require a special license, with a price to match. And of course if you want to check out other places that sell models that can be used/modified for reselling, TurboSquid is a good place to try; but be prepared to find prices to match the extended EULA. That's the long and the short of it, and if you have any questions on the EULA you really should direct them to [email protected] , which are the people in charge of copyright.

Sockratease

RawArt said:

Ledhead said:

I understand but in my opinion, if you pay for something you should have the right to use it as you see fit, as long as you are not reselling the product itself, but using the product in an environment like a game, you paid for it, you should be able to use it.

You have to get a proper understanding of what you are buying.
You are not buying a product, what you are buying is the rights to use a product.
As such the specific rights which you buy are what is set out in the EULA.

Once you understand this, it will help avoid confusion.

Rawn

You also have to understand what you are doing. It's incredibly easy to extract the meshes from games.

So you indeed are making it incredibly easy for others to get the model without buying it. That's the reason for the restriction.

EDIT - beaten to it by a bunny!

You are still a bunny even without the avatar, right?

Arien

Sockratease said:

EDIT - beaten to it by a bunny!

You are still a bunny even without the avatar, right?

No worries, my avatar is coming back as soon as they are available for everybody. Although I have been thinking of changing the poor, stressed Mistress Melinda to a more suitable kitty... maybe a fire-breathing, stressed kitty.

Chohole

Ledhead said:

I understand but in my opinion, if you pay for something you should have the right to use it as you see fit, as long as you are not reselling the product itself, but using the product in an environment like a game, you paid for it, you should be able to use it.

Please read this psrt of the EULA

4. RESTRICTIONS ON COPYING. The 3-D Model(s) is provided for User's
exclusive use. User does not have the right to provide the 3-D Model(s) to
others in any form or on any media except as set forth in this License
Agreement. The 3-D Model(s) may be copied in whole
or in part for User’s exclusive use. Specifically, you (the User) may copy the
3-D Model(s) onto the storage device of an unlimited number of computers;
provided that all such computers are physically located at your business or,
if you are an individual, your place of residence located at a single specific
street address (or its equivalent). Unauthorized copying of the 3-D Model(s)
is expressly forbidden.

This is an extract from the game license You first need to purchase this license before you can distibute anything in this manner, and even then, as Arien has already said, it is only a license for products that are "owned" by Daz3D, and does not cover PA items.

You can read the complete EULA here

https://helpdaz.zendesk.com/entries/123940

ANd you can find the License itself in the store here, if you wish to purchase one

http://www.daz3d.com/shop/catalogsearch/result/?q=License

ledhead

So let me try and understand what all of you who seemed to have ganged up on me (holy crap) are trying to say.

I have the right to render whether it is in the form of an image or animation and also have the right to sell those images and or animations.

Anything else other than an image or animation is forbidden unless the vendor grants me the rights to whatever other use I may need the content for as long as there is an agreement made between both parties.

I hope that is correct as the only thing I want the content for is rendering images and animations.

What I don’t understand is how you say it is so easy for others to extract the meshes from games. What kind of people is this easy for? Anyone that has the ability to extract the meshes from the games could easily just get the content off of any number of sites that pirate all types of digital content so I believe that is an erroneous statement.

I am not trying to be a jerk about this as I understand you want to protect what you have created, but I am new to the 3D world and when someone purchases a product and then you tell that person that he actually cannot use the product, well it makes that person who has just spent several thousand dollars on 3D content want to ask for a complete refund because he feels he made purchases that are completely useless to what his intentions for the product were for.

As long as I can make videos and pictures using the content I purchased and maybe even selling said videos and pictures, then I am happy, but if I cannot do that then this is going to become a mess.

I apologize if I stepped on anyone’s toe, which was not my intention. I am just trying to understand my rights as an artist (maybe artist is not the correct term; let’s just say someone who likes to create).

Jazzmin

Ledhead said:

So let me try and understand what all of you who seemed to have ganged up on me (holy crap) are trying to say.

Sorry Ledhead, no one is ganging up... just stating our opinions and some of us are attempting to state objective facts.

I have the right to render whether it is in the form of an image or animation and also have the right to sell those images and or animations.

Anything else other than an image or animation is forbidden unless the vendor grants me the rights to whatever other use I may need the content for as long as there is an agreement made between both parties.

I hope that is correct as the only thing I want the content for is rendering images and animations.

As I understand, yes that's correct.

What I don’t understand is how you say it is so easy for others to extract the meshes from games. What kind of people is this easy for? Anyone that has the ability to extract the meshes from the games could easily just get the content off of any number of sites that pirate all types of digital content so I believe that is an erroneous statement.

I don't know exactly how the meshes would be extracted, depends on the application they are extracted from, but they would have to be reboned plus they would be really low res and that would completely change the mesh to something other than the original, which would make it a new mesh and the original copyrite holder would have no way of proving it was their mesh to begin with.

I am not trying to be a jerk about this as I understand you want to protect what you have created, but I am new to the 3D world and when someone purchases a product and then you tell that person that he actually cannot use the product, well it makes that person who has just spent several thousand dollars on 3D content want to ask for a complete refund because he feels he made purchases that are completely useless to what his intentions for the product were for.

As long as I can make videos and pictures using the content I purchased and maybe even selling said videos and pictures, then I am happy, but if I cannot do that then this is going to become a mess.

I apologize if I stepped on anyone’s toe, which was not my intention. I am just trying to understand my rights as an artist (maybe artist is not the correct term; let’s just say someone who likes to create).

Never apologize for stepping on toes. You have, very politely, spoken up and asked questions. Cheers to you for having the courage to do so.

As I understand, the EULA provides for the hobbyist to use the product in their images and animations, but you must purchase a different, and much more expensive, license in order to use the product in a game.

It all boils down to money, that's all.

ml1_70dc8d9cac

I couldn't imagine there would be so many answers to my question.

This confirms, in my own opinion, that it's not that easy to "Decrypt" the EULA.

Back to my question, when I say "use the character or the prop" I meant using the render of an animation, of a still picture, etc...

So the answer from Sockratease goes in that way and meets my needs.

Many thanks to everyone.

icprncss

Put simply, DAZ offers three types of licenses.

The first is the standard EULA that allows you to use the models and textures in rendered artwork and videos. The main constraint is that you have to make certain no mesh or texture can be extracted from the still or video.

The other two have to do with gaming licenses. There is an indie and pro version. Not every item sold in the store falls under the gaming licenses. The prices of the items that do are sold at a much higher price tag.

Items purchased for use in still and video artwork cannot be used as part of a gaming license.

I know, I know. There's a lot more legalities to it...

Chohole

Ledhead said:

So let me try and understand what all of you who seemed to have ganged up on me (holy crap) are trying to say.

I have the right to render whether it is in the form of an image or animation and also have the right to sell those images and or animations.

Anything else other than an image or animation is forbidden unless the vendor grants me the rights to whatever other use I may need the content for as long as there is an agreement made between both parties.

I hope that is correct as the only thing I want the content for is rendering images and animations.

What I don’t understand is how you say it is so easy for others to extract the meshes from games. What kind of people is this easy for? Anyone that has the ability to extract the meshes from the games could easily just get the content off of any number of sites that pirate all types of digital content so I believe that is an erroneous statement.

I am not trying to be a jerk about this as I understand you want to protect what you have created, but I am new to the 3D world and when someone purchases a product and then you tell that person that he actually cannot use the product, well it makes that person who has just spent several thousand dollars on 3D content want to ask for a complete refund because he feels he made purchases that are completely useless to what his intentions for the product were for.

As long as I can make videos and pictures using the content I purchased and maybe even selling said videos and pictures, then I am happy, but if I cannot do that then this is going to become a mess.

I apologize if I stepped on anyone’s toe, which was not my intention. I am just trying to understand my rights as an artist (maybe artist is not the correct term; let’s just say someone who likes to create).

Yes, using your dontent that way is perfectly OK, it is the ditribution in any way of the actual mesh that is not allowed, or only allowed under certtain conditions, with the game licenses

For normal artsists that just wish to distribute renders or videos, no problems.

ledhead

Thank all of you for your polite answers. Now I don't have to feel like I've been made a fool of by spending so much money for nothing.

Richard Haseltine

You do need to note a couple of provisos:

The Anne Marie Goddard Digital Clone product does place some additional restrictions on use, as noted on the product page

You can use images from which the textures can be extracted - this could be an issue if you applied a ground or wall texture to a plane and used it as base on which animated images of figures moved, but you could avoid the problem by adding clutter of various kinds (rubble and rubbish, plants, furniture) to the image.

ledhead

Richard Haseltine said:

You do need to note a couple of provisos:

The Anne Marie Goddard Digital Clone product does place some additional restrictions on use, as noted on the product page

You can use images from which the textures can be extracted - this could be an issue if you applied a ground or wall texture to a plane and used it as base on which animated images of figures moved, but you could avoid the problem by adding clutter of various kinds (rubble and rubbish, plants, furniture) to the image.

I'll have to remember that...LOL