If I make no money from a 3D print is that OK?
The Diigitals
Posts: 380
Hey guys!
I use DAZ3D to sometimes create digital portraits of clients.
If my client wanted to get it printed, but they paid for the print and I made no money from it, would that breach the agreement still?
I want to encorporate 3D printing somehow but it just seems so prohibitive at the moment.
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Comments
I'd contact customer support about it, because they are the only ones who can give you a definite "yes or no"... but my instinct tells me that it would be a breach, as it is not for yourself and you are letting a customer use your content. But again, best open a support ticket about it.
I would say no since it is still a commercial venture, but I would submit a support ticket to DAZ since they have the final say on it.
Yes that would breach the agreement. You can only distribute the 2D render that you gave to the client. The 3D assets have to stay in your position since you are the only person licenced to use it. The 3D printing licence is currently only for personal (meaning only you) use. The only way they could legally print it if they purchased all the items you used and exported that from their copy of DS. I'm wondering if you could send them a scene duf (that only has references to the content you purchased and DAZ connect would allow the client to buy everything that is needed to populate the scene. Once the client bought everything that you used, then they could legally export it for 3D printing because then they are licenced).
This may be an option I might have to look into. Thank you. I figured it may be a breach, but I'm trying to get more people interested in what DAZ can offer and aside from making the initial portrait, I have no interest in making money from the printing side, but I would like it to be an option for clients.
So in other words, a 3d print cannot be given away as a gift either?
If I remember right, gifts are fine. I think it was in that megathread somewheres.
Yes you may give away a print you have personally purchased. You just can't setup Just-In-Time sales of a 3D Model based on DAZ 3D assets to 3D print. Although that does seem to be a bit of a harsh crimp to folk that do one-off art commisions from folk that are never going to have interest in purchasing and learning all the DAZ stuff to DIY.
https://www.daz3d.com/forums/discussion/comment/3040031/#Comment_3040031
Ah found it, that's where it was pointed out gifts are OK :)
No not even gifts. Personal use only.
That's not DAZ speaking. The EULA still stands unless specifically changed to allow gifts.
That is customer service confirming that gifts are personal use......
You're not listening, you have a licence agreement with DAZ3D, not gameprint. If the EULA says no, the answer is no and Gameprint is in violation. Your EULA supercedes a forum post from a 3rd party. The only way that post would be correct if the EULA was modified to say Gameprint has an exception to print models for gifts.
That was DAZ Customer Service that answered the ticket, confirming that gifts are covered under personal use.
DAZ3D customer service is not spelled G-A-M-E-P-R-I-N-T. You have a EULA, that's what you follow unless it's changed.. and that's what legally needs to happen unless someone posts that has a forum name that starts with "DAZ_"
Until then, the EULA stands until revised.
Look at the quoted post, it's a response from helpdaz.zendesk.com, not gemprint. Gameprint chimed in and echoed it later, but the post I quoted was an answer from DAZ Customer Service.
Again, the EULA needs to be revised to reflect that. Until then you're legally liable. What part about that aren't you getting? The EULA is your legal contract period and the only thing that will hold up in court.
quoted post quoted in full
But it still needs to be shown as such in the EULA to show gifts is a form of personal. I wouldn't trust that at face value unless legally spelled out.
Stop telling people this holy crap. Not only is gifting a personal, noncommercial use and thus valid under the EULA, CS went out of their way to confirm this and people keep reminding you.
No, no it doesn't need to be spelled out, just like the EULA doesn't need to spell out "sticking a print on your desk where other people might see it" is personal use.
So what you are saying is even if DAZ 3D customer service has said that giving away a 3D print as a gift isn't considered "commercial' use, and therefore is permitted by the EULA (which would indicate that this is how DAZ 3D interprets their own EULA), is still against the EULA? Hmmm....interesting, but I think I would go with what DAZ 3D said about their own EULA, but then I'm not a lawyer (though in this instance I think their interpretation of their own EULA is pretty clear, and I would be comfortable giving one as a gift).
However, it would seem that the EULA now allows commercial prints, limited to quantities of 20 or less as seen below in the highlighted portion of the 3D Print Addendum of the EULA, which probably makes this whole "not permitted" discussion mute.
EDIT: Of course the 3D print add-on license isn't available yet, but I would still go with DAZ 3D's interpretation of their own EULA.
You quoted me, then showed highlighted text. But where's the part about gifts and how that relates to Personal use? That was the point I brought up. That part needs to be included in the EULA as that's the binding document, not a forum post buried where people have to hunt for it. Not sure what your point was with this.
This is the definition of personal
per·son·al
ˈpərs(ə)n(ə)l/
adjective
1.
of, affecting, or belonging to a particular person rather than to anyone else.
"her personal fortune was recently estimated at $37 million"
"I have personal knowledge of the family"
The EULA needs to convey what you can **give away** from your licence. Remember you're trying to make sure you protect yourself legally. I'm saying if it's there, do it correctly so your base is covered. Not sure why anyone wants to argue against making sure you're safe.
That's true, but as far as I can tell, no product actually has a buy Commercial 3D Print Add-On License just yet, but it seems to be coming ™soon.
Customer Service may well give permission when asked, but it isn't OK to assume from that that permission need not be sought in the first place. If you wish to give away a 3D printed model please open a Sales Support ticket, it looks as if there is a good chance you will be permitted but we can't guarantee that.
Also that's done on a case-by-case basis. Depending on who asks or who is in charge that answer can change. That's why you go to the EULA as that's for everyone that agrees to it.
You could also sit down, read the EULA, and know for yourself that a gift is personal and noncommercial. CS's response was not "we give you permission," it was "A gift is personal, not commercial. Commercial means you are going to sell it." Which is the truth.
It sure is! Good thing the EULA says you can do personal noncommercial use and there are no further restrictions on gifting in there!
Not planning on this anytime soon or probably never, but let's say you wanted to put a 3D print of yours (that you painted yourself) in an art gallery, would that be legal? So confused about all this...