Loading...
> >

Can brands be sold on the Daz store?

The DiigitalsThe Diigitals Posts: 380
in The Commons

Hey!

I work for a few different clothing companies including sports, swim and lingerie.

If they were to recreate their real life products could they be sold on the store?

Could this help generate profits for smaller brands by diversifying the places where their product is sold both digitally and in real life?

I would love your thoughts on this.

 

Comments

  • KnittingmommyKnittingmommy Posts: 8,191

    I think the only ones qualified to answer this type of question is DAZ 3D itself.  You best be is to contact DAZ 3D through their help system and see if you get an answer.  

  • The DiigitalsThe Diigitals Posts: 380

    Thank you! I will try that.

  • ByrdieByrdie Posts: 1,782

    Don't see why not, if they got together with Daz and made a deal. Of course, there might not be a lot of customers if there are too many restrictions on usage of the items. For instance, there's the Anna Marie Goddard character that came out years ago but did not get as much interest as a non-celebrity character would because it was (a) expensive at the time and (b) came with terms of usage that no other model did: "This product is limited to specific terms of use via the personal request of Anna-Marie Goddard. Please make note of these changes as they are outlined within the End User License Agreement attached with this product.The specific restrictions are as follows:

    You may not use the product for any commercial endeavor in any manner which implies its endorsement or association with any product, service, or entity without prior written consent of Anna-Marie Goddard, her attorney(s), or other legal business representation."

    Still, it might be worth a shot, you never know until you try. 

  • The DiigitalsThe Diigitals Posts: 380

    Oh wow that's interesting, I never knew that product existed.

    ok so it has been done before (kind of) so that makes me hopeful. However, what you're saying is that I'd need to keep the proving the same as non-branded items and that useage is important. Which I agree with.

    I feel like there could be some use for crossovers between real life items and 3D, although I'm not sure exactly what it is... except if the viewer knows that the item is real life item, they'd believe much more in the reality of the image as a whole.

    If anyone thinks how this could be useful or this is something they'd like to see please say, so I can include it in my email.

  • ChoholeChohole Posts: 33,604

    I would think that rather than Daz being to only one to contact, you should check with the actual manufacturers of the real life prodicts.  They are the ones whose copyright and/or trademark is going to be compromised.

  • FirstBastionFirstBastion Posts: 7,757
    Karuki said:

    I work for a few different clothing companies including sports, swim and lingerie.

    If they were to recreate their real life products could they be sold on the store?

    Could this help generate profits for smaller brands by diversifying the places where their product is sold both digitally and in real life?

    The keep point is this line here  "If they were to recreate their real life products could they be sold in the store?"

    Those clothing compnies would need to own the trademark to their brand,  and if they do,  then they would be able sell a digital version of the real world product.  It would require the legal paperwork for the brand that they could show Daz3D.  It's all about protecting the publisher from future infringement claim.  Now the other requirement,   the actual 3D product submitted would have to be of the same quality of 3D digital content or better than the products currently in the store.

  • namffuaknamffuak Posts: 4,143
    FirstBastion said:
    Karuki said:

    I work for a few different clothing companies including sports, swim and lingerie.

    If they were to recreate their real life products could they be sold on the store?

    Could this help generate profits for smaller brands by diversifying the places where their product is sold both digitally and in real life?

    The keep point is this line here  "If they were to recreate their real life products could they be sold in the store?"

    Those clothing compnies would need to own the trademark to their brand,  and if they do,  then they would be able sell a digital version of the real world product.  It would require the legal paperwork for the brand that they could show Daz3D.  It's all about protecting the publisher from future infringement claim.  Now the other requirement,   the actual 3D product submitted would have to be of the same quality of 3D digital content or better than the products currently in the store.

    AND - if there are restrictions on how the content can be used it probably won't be purchased. I can't imagine the brand holder NOT putting restrictions on. Can you imagine Godzilla (or eguivalent) in a size-42 pair of Air Jordans stomping on a mass of villagers being accepted?

  • kyoto kidkyoto kid Posts: 41,020
    ...at TurboSquid, most models of brand name/trademarked items have very restricted usage licences. Most specify "for editorial use only" meaning you need to be realted to a news, editorial, or educational publication service. To get pemission for other purposes requires contacting (and usually paying compensation to) the company or interest which owns the intellectual rights.
  • DaWaterRatDaWaterRat Posts: 2,885

    https://www.daz3d.com/android

  • kyoto kidkyoto kid Posts: 41,020
    ...yes but isn't the Android OS open source like Linux?
  • Serene NightSerene Night Posts: 17,634
    edited August 2017

    https://www.daz3d.com/reby-sky-for-genesis for v4 who is sold here. I don't think there are strings attached to her use either. 

    Post edited by Serene Night on
  • kyoto kidkyoto kid Posts: 41,020
    edited August 2017
    ...again she is not a "name brand" protected by trademark. Considering she allowed herself to be mapped for the product line means she has OK'd unlimited use of her image. On the orher hand were I to purchase thw Kawai grand piano model at TS, I would have needed to approach thw piano's maker directly on my own to get permission to use the model in illustrations for my story.
    Post edited by kyoto kid on
  • WendyLuvsCatzWendyLuvsCatz Posts: 38,168

    nobody on the forum can answer your question only speculate.

    You need to have both parties DAZ and the manufacturer reach an agreement.

  • kyoto kidkyoto kid Posts: 41,020
    ...+1.
  • The DiigitalsThe Diigitals Posts: 380

    Yes, definitely will ask :)

     

    Was just hoping I'd get feedback about how this would benefit the consumer.

    Thanks for all the answers!! I remain hopeful.

  • FSMCDesignsFSMCDesigns Posts: 12,747
    Karuki said:

    Yes, definitely will ask :)

     

    Was just hoping I'd get feedback about how this would benefit the consumer.

    Thanks for all the answers!! I remain hopeful.

    Can't imagine how this could benefit the consumer other than having access to an actual 3D version of a Christian Louboutin heel, but we'd probably pay for it also.. If it is a trademarked item, chances are it will cost more like in real life. A user can always add a logo if needed for a personal project. There are plenty of items in the stores to mimic a brandname item in real life in most cases. i am all for it if the cost doesn't vary because of the name brand, but I can't imagine a case where it wouldn't.

  • nonesuch00nonesuch00 Posts: 18,076

    Well these sort of questions make me wonder how a movie ever gets made. You know they are not scampering about trying to get persmission, paid for or not, to have every single instance of every type of product or private property approved of that appears in the show/movie OKed. I've heard them being paid to place products but that is quite a different matter altogether,

    Personally if I were to model the trademarked brand/product myself and the appearence in my product/movie/story is either incidental to the movie/product/story or the movie/product/story is an editorial comment of some sort on the trademarked product/brand I am OK legally although I have not such plans for a product I make that is for sale (I am discounting fanart that isn't resold and is made as a hobby for pleasure). However, selling a model of a trademarked brand product outright is sort of nebulous - clearly it is the brand product's trademark that is the profit driving motive in purchasing the brand product in such a case and it's appearance in a store for that purpose is not editorial or incidental to being sold in such a store, eg a bottle of Coca-Cola. However, such a store having such models on hand and giving them away is not so risky as there is no profit motive in it, it is just editorial fan art at that point. At least in my opinion.

  • dreamfarmerdreamfarmer Posts: 2,128

     

    nonesuch00 said:

    Well these sort of questions make me wonder how a movie ever gets made. You know they are not scampering about trying to get persmission, paid for or not, to have every single instance of every type of product or private property approved of that appears in the show/movie OKed. I've heard them being paid to place products but that is quite a different matter altogether,

    On the other hand, plenty of shows make a point of not showing brand names, and I assume they do that for a reason....​

  • namffuaknamffuak Posts: 4,143
    dreamfarmer said:

     

    nonesuch00 said:

    Well these sort of questions make me wonder how a movie ever gets made. You know they are not scampering about trying to get persmission, paid for or not, to have every single instance of every type of product or private property approved of that appears in the show/movie OKed. I've heard them being paid to place products but that is quite a different matter altogether,

    On the other hand, plenty of shows make a point of not showing brand names, and I assume they do that for a reason....​

    I don't know just when it changed, but in the early days of TV the FCC prohibited mentioning any brand names. There was a Mad magazine parody from the time of a sitcom where the main character tells his friend he can't go fishing - the wife wants him to go to the store and get a loaf of bread and a jug of wine - and the credits included "brought to you by Aloafa bread and Ajugga wine". That was in the late 1950s. Sometime later the prohibition was lifted, so fleeting glimpses of brand names and the like became common. And then it got to where we are now - in addition to the commercials, we get long, lingering shots of cars or beverage bottles; these are called product placements and are paid for by the brand.

  • macleanmaclean Posts: 2,438

    The reason companies like product placements in movies is that they have some degree of control over them. If the product placement was a guy smashing a beer bottle over another guy's head, the company would probably refuse it.

    When it comes to 3d, there is no control. You're granting use for no specified purpose, and that use could include anything at all. So I doubt many companies would take the bait.

  • Male-M3diaMale-M3dia Posts: 3,581
    namffuak said:
    FirstBastion said:
    Karuki said:

    I work for a few different clothing companies including sports, swim and lingerie.

    If they were to recreate their real life products could they be sold on the store?

    Could this help generate profits for smaller brands by diversifying the places where their product is sold both digitally and in real life?

    The keep point is this line here  "If they were to recreate their real life products could they be sold in the store?"

    Those clothing compnies would need to own the trademark to their brand,  and if they do,  then they would be able sell a digital version of the real world product.  It would require the legal paperwork for the brand that they could show Daz3D.  It's all about protecting the publisher from future infringement claim.  Now the other requirement,   the actual 3D product submitted would have to be of the same quality of 3D digital content or better than the products currently in the store.

    AND - if there are restrictions on how the content can be used it probably won't be purchased. I can't imagine the brand holder NOT putting restrictions on. Can you imagine Godzilla (or eguivalent) in a size-42 pair of Air Jordans stomping on a mass of villagers being accepted?

    Or a render on an erotic site doing things with a can of Diet Coke or Campbell's Chicken Noodle soup? devil

  • nicsttnicstt Posts: 11,715

    Permission is required from the Brand holder; that is the only thing I know.

    It is potentially expensive, and potentially fraught with risk; seek legal advice from a lawyer/solicitor used to dealing with such matters.

    ... Our advice beyond that is dubious at best.

  • Peter WadePeter Wade Posts: 1,622
    kyoto kid said:
    ...yes but isn't the Android OS open source like Linux?

    The Android OS is open source but the Android brand is owned by Google. I had a look at their conditions, there are all sort of rules on how you can and can't use the name Android but they say you can use and modify their green robot as long as you include a creative commons attribution.

  • kyoto kidkyoto kid Posts: 41,020
    FSMCDesigns said:
    Karuki said:

    Yes, definitely will ask :)

     

    Was just hoping I'd get feedback about how this would benefit the consumer.

    Thanks for all the answers!! I remain hopeful.

    Can't imagine how this could benefit the consumer other than having access to an actual 3D version of a Christian Louboutin heel, but we'd probably pay for it also.. If it is a trademarked item, chances are it will cost more like in real life. A user can always add a logo if needed for a personal project. There are plenty of items in the stores to mimic a brandname item in real life in most cases. i am all for it if the cost doesn't vary because of the name brand, but I can't imagine a case where it wouldn't.

    ...one item that isn't which I have been wanting to see for a long time is an accurate model of a full 9' concert grand piano similar to say a Steinway D model or Kawai X that has a fully modelled frame and strings with a rigged keyboard. Ness gave us that lovely well detailed harpsichord loosely based off an old 17th century Ruckers instrument (at a very reasonable price), but haven't seen much from him recently.
  • kyoto kidkyoto kid Posts: 41,020
    Peter Wade said:
    kyoto kid said:
    ...yes but isn't the Android OS open source like Linux?

    The Android OS is open source but the Android brand is owned by Google. I had a look at their conditions, there are all sort of rules on how you can and can't use the name Android but they say you can use and modify their green robot as long as you include a creative commons attribution.

    ...well that is a special condition written into their licence policy. The same would not apply to my using the Kawai grand piano from TS in illustrations for my story as it isn't a jounalistic work. I would need to arrange terms with Kawai Pianos in Japan which could entail royalty payments.
  • The DiigitalsThe Diigitals Posts: 380

    Ok, thanks for all the feedback.

    I just want to clarify that I of course would seek the correct permissions from relevant parties if this was to go ahead.

    These are small brands who I have personal relationships with. Their products include sportswear and bikinis, which are well designed. 

    I've taken everything on board on this thread and will see what they say.

  • kyoto kidkyoto kid Posts: 41,020

    ...excellent, if you can get the permissions without a lot of cost or complicated terms that is great. 

    I would suggest consulting professional legal assistance just to make sure your backside is covered.

Sign In or Register to comment.