Copyright infringements on Bryce scenes with free content from Daz Studio or Bryce?
cris333
Posts: 107
3 days after posting this .br7 scene (Beowulf for Bryce) on ShareCG someone reported this with the following note :
The following contributed to our decision:
* Possible Abuse
Received the following from Bryce Abuse: "The problem is that a Bryce file embeds absolutely everything in the file, unlike a Poser or DS scene file, and so may not include any content not generated by the user - and it appears, from the notes, that the user has in any event modified the DAZ files which would not be safe to distribute. Given how open he is I'm sure it's a lack of knowledge rather than intent to infringe, but the file does need to come down I'm afraid."
If you believe we have made an error, do not hesitate to contact us by replying to this e-mail.
The ShareCG.com Team
The dragon in the scene is the millennium subdragon (the free default figure from daz app.)-imported with Daz bridge into Bryce.
"Beowulf" is the default genesis figure with default warrior clothes.-imported with Daz bridge into Bryce.
The bridge prop is availabree free at http://www.sharecg.com/v/51496/View/5/3D-Model/the-bridge-parte1- increased bump with the slider in Mat lab.
The terrain is free from Renderosity cant find the link in a short time.- added a bryce snow texture.
The sky is Stormy8 by Brinnen, modified.
I made this thread here on Daz' website hoping to solve this "mistery" and also perhaps to help other users of Bryce to know about the imported or installed free default content in Bryce and how legit is to create a .br7 scene with imported free content from daz and post it on the website such as ShareCG ?
this complaining report note :
Received the following from Bryce Abuse: "The problem is that a Bryce file embeds absolutely everything in the file, unlike a Poser or DS scene file, and so may not include any content not generated by the user - and it appears, from the notes, that the user has in any event modified the DAZ files which would not be safe to distribute. Given how open he is I'm sure it's a lack of knowledge rather than intent to infringe, but the file does need to come down I'm afraid."
It doesn't sound so official even if :
"The problem is that a Bryce file embeds absolutely everything in the file,.." - true but the imported conten is daz free default (the dragon and the genesis figure)
"that the user has in any event modified the DAZ files which would not be safe to distribute." - i have specified in description that the bumps of the bridge has been increased and the skin color of the genesis figure has increased the red color due to to lack of importing object maps accuracy colors.
"..which would not be safe to distribute." ..? what ?? modified scenes/skies/maps even if are free content are supposed to be not safe ? Even a normal scene with 4 trees uploaded on web can have modified the number or the color of the leaves ..this is irrelevant .
If someone needs the scene to analyze it , post a reply and i will find a way to upload it some were or send it by mail.
I don't know if the copyright note was made by the same user from ShareCG which was waiting 3 days to get the dragon as .obj which i was working on a new textures or is this some kind of joke report by a "jealous" user on my work, but i need to know from someone authorized or in knowledge to tell me :
Since when,the creating and posting a scene with free default Daz content in Bryce is a copyright violation or unsafe due to some sky/skin/textures/bumps..modifications/adjustments to post it ?
I don't know who made the abuse report, the Bryce team or just a "kid" but i need an answer and i guess some other Bryce users would need to know about it too.
Thank you ,
cris
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Comments
I am afraid that there is no mystery at all here. The content that you buy from DAZ 3D, or even download for free, is not yours to distribute. There is a EULA assocaited with each item, and they are yours to create renders with, but under no circumstances can you distribute the actual mesh files that make up the scene (free or not). That is why there is a seperate Games Development Licence for people who want to use free (or paid for) DAZ models in their distributable games.
You can use any content to create rendered 2D images, or animations, but you CANNOT give away the mesh unless the copyright belongs to you.
Thank you Jimmy for your fast reply ..but..:
Bryce is free, Daz is free, the scene is for Bryce,this is not logic, everyone can get these figures as well but not everyone can combine figures with lights to create some interesting scenes (speaking about beginners which want to see a cool scene).
Posting a 2D image rendered is not so helpful even if i explain about the lights or terrains 3 hours...the scene itself is the gold for the Bryce community people which wants to improve their skills on 3D CG.
A free (default) scene (from Brinnen) is MUCH MORE helpful then 10 skies made (by him) :) to see how the lights are set, how is working a slab, the surface of a water how reflective is, etc..etc..
I work 3 days on a scene, someone may want the scene to experiment new ambients,more vegetation..etc and if Bryce teams stop this then no wonder why Bryce community or official contests/galleries are so small..From some time i'm thinking to move to Vue and 3DS Max but the great advantage of Daz Software is the bridge..with just 1 click you can send figures to daz or bryce :)
Yes, the software is free, and even some of the models are free, but they do not belong to you, so you cannot give them away. That right belongs to the owner of the copyright, DAZ 3D in this case.
The only way to do what you want, is to write a tutorial in PDF format, or create a Video, and post it on YouTube or similar. Since the software and the models are free, anyone else can download them, and try your tutorial. You will run into exactly the same problems with Vue or 3DS Max if you try to give away content that does not belong to you.
Sorry to be the bearer of bad news, but that is how it stands at the moment.
Best wishes
As Jimmy says, and to invert the Free Software mantra, the models are free as in free beer but not free as in free speech - you can use them within the license without paying anything, but you are bound by the terms of the license.
One option, if you don't need to reduce the mesh resolution, would be to handle the scene the way DAZ handled the old Bryce Companion Files - set the scene up, with your landscapes and trees and lights etc but without any third-party content. Provide pose presets for DS to place the figures as they need to be for the scene, and then tell users how to apply the presets and import the models via the Bridge on their own systems.
To put it simply - in my inderstanding:you are entitled to create artwork with purchased and free content and can sell this artwork. But you are not entitled to pass on such content as is embedded in the scene file.
The problem with giving away or sell a scene file with content that has not been created 100% by yourself is that the receiver or buyer can extract those models and sale them to fill his/her own pocket. If the content is 100% yours, you should add a note whether this content may be used in any artwork or may also be sold. In most cases, you wouldn't want other folks getting rich on your labour, even though you give it away for free.
hey cris, ive got a lot of scenes posted at share cg and I've learned its best to render your file so people can see whata it is capable of, but then you must remove all daz figures(or anyone elses without written permission) from it before you post.show your scene rendered without the figures also. as you say the figures are free to download so anyone will be able to get them, just the right way, just include a url to the free stuff if you wish. this also keeps the files smaller so people can download easier.
also sharecg can get shut down by daz if they dont insist you do it this way.
Th n I have a follow up question. As an aspiring author I was going to use the programs to make cover art for my book. Would this also be a violation of the EULA as I would be placing the image on the Kindle store which is digital in nature?
Hal,
You can make all the artwork you want. You can even sell that artwork in most cases. What you cannot do is to re-sell is content. You cannot redistribute any models or textures that were created by other people even if they were given to you for free. Free to use is different than free to redistribute. I dont know of many items that are totally scott free to redistribute.
The original poster had to find out the hard way about this. When I first saw his note that he had uploaded the scene I saw the dragon and the human but thought maybe I was missing something, the Daz models couldnt have also been included. But it turns out that they were. This is indeed outside the terms of the EULA.
But again the OP made a human error, it was not malicious in intent and while there are some who say intent does not matter in this case it does.
Aye, agree Rashad, and that was actually stated in the take down notice, if you look
BTW, if anyone is in doubt about the EULA and what it means you can find it, in full, at the beginning of each Daz3D installer. It's the bit where people see the first tick boxes which say accept or decline the licens, and I think most people just tick accept without really checking waht they are agreeing to.
You can actually copy and paste the text from there into a wordpad or word doc, to make it easier to read.
Thank you all , Admins or members for helping me to clarify this or to know what is this.
Thank you Richard for the great suggestion with the poses files attached to make/finish the scene as it is in original, even if it's an extra work for the uploader and the scene receiver but this is the best way and everyone are happy with the copyrights things .I guess for a 2-3 days work/test renders on a scene,extra 30 minutes it won't hurt :)
And no it's not intented, this was the first scene with daz figures embeded , i worked alot to make this scene, on my old computer ,if i would knew about this i wouldn't do it to see how my work is..."trashed".
Internet is lacking of bryce scenes, "more alive" not just 3 mountains and a water and i'm glad to help or exchange content with the community..well at least i was..and when this was happen i felt frustrated,embarassed,sad..you name it, then i deleted more than 50% of my artwork posted including 2D images trying to clear and cancel my account but i stopped and i said ; hey i must wait for replies to see what is going on..
Indeed,chohole , many people doesn;t read that long list ,so long like a Easter day , specially the non-english like me , which looks same for any application with repetitive phrases.. Do you want to torture a non english person ? put him to read a eula list .. with technical english terms .. but there is google translate tool.
Youy know why Bryce is also great besides the bridge tool ? It has a cool interface with click-on-icons menus which is so friendly for not native english people and it is easy to learn beside Terragen or Vue.And it's free and i wish to thank you personally on this way.
And yes i'm open i like to speak free, i don't like to lie or to cheat ive been cheated by my ex-girlfriend and it hurts, i know how it is.
Horo you are absolutely right , no one likes to fill others pockets..
@alymac
Hi, ty for your reply too, well at the moment i feel ..dissapointed and i wish to take a break from Bryce, i might learn how to model in Hexagon..looking at ShareCg , spacebones create great models in hexagon.
I even made few textures (1024x1024) for the milennium subdragon to be used in Bryce but i wont post anything anymore for a while thinking of what if someone appears to flag my uploads again ? No thanks ..:(.Let the people squeeze their brains to create new scenes or textures too..
Here is my 2 from 4 example textures for dragon obj maps to be used in bryce :
The Penumbra Dragon - brown yellowish with yellow eyes
The Dark Lord - black reddish with red eyes
I say just stick with 2D pictures and the problem is solved. You say you posted the scene the way you did so that people could take it apart and thereby learn things from it. Which is fine, lots of people learn and or teach that way. Even well known content creators for Bryce like David Brinnen encourage people to learn that way but sharecg is really not the place for that sort of thing. That place is more of a resource for people who already know how to use Bryce but are looking for free content, usually because they can't afford to buy it