Daz 3D is part of 
Connect
DAZ Productions, Inc.
7533 S Center View Ct #4664
West Jordan, UT 84084
Licensing Agreement | Terms of Service | Privacy Policy | EULA
© 2024 Daz Productions Inc. All Rights Reserved.
Comments
Honestly you'd probably want to talk to a lawyer first as that situation could get really complicated.
It looks like you could send a ticket to customer service to ask for permission. It still would need to in a EULA but at least you get somewhat of an express permission to make it; you would be totally unprotected legally if you do it without any permission.
I would contact Daz first if I ever decided to do this but it seems if you create your own morph, don't use any textures because you would be painting it yourself, it would not be used interactively, just a still statue, I don't see why it couldn't be shown/sold as art... it's basically a 3D version of a render, no one could extract anything from it... Not on my immediate to do list, but just curious what the EULA would be in this case.
If you create your own morph, it's an issue because you don't own the base figure, that's owned by DAZ3D. A morph is any adjustment to that base shape.
Wonderland... It cannot be sold. There is no, nada, zero, zippo, confusion.
The core Daz characters are owned by Daz, and you do not have the right to sell derivative works. If you, say, modify Girl 4, with some morphs.. its still requiring Girl 4 to produce, therefore you are selling Daz's Girl 4. Your morphs have nothing to do with it since they are worthless without Girl 4.
If you produced a completely custom figure from the ground up, you would not be in violation and could do whatever you wanted. If you can find a figure from a completely different source, and they allowed you to do it.. then you could sell it as well. (Last I checked Renderosity forbids 3D prints in their EULA.)
The reason the EULA feels off to you is probably because a lot more than just a 2D render is transfered when you do a 3D print. Furthermore, you can't prevent someone from doing more with a 3D print, like.. scanning it and using that. In any case... you feel is irrelavant. Its a contract violation to sell 3D prints at this time. And yeah... I feel the way you do, but the EULA is very clear.
MakeHuman.
Yup, probably depends on the specifics, so hard to answer in the hypothetical. If it's one of those galleries that sells its pieces, then that sounds commercial. If you get paid for showing your work at a museum, then it could also possibly be commercial; would probably depend on the terms. Even if you don't get paid, if it's in part to further your commercial career, you'd probably still want to get clarification.
To the extent that Wonderland's question relates to free base figures such as G3F, G3M, G8F, G8M, etc., is it even possible to buy the necessary license for those free base figures?
I guess what I don't understand is that if I do a render, I can make prints and sell them. Someone theoretically could take a photo/screenshot and use the image as their own, which would be stealing from me as well as, I guess Daz. I just don't understand why a 2D print is legal and not a 3D one with your own morphs and physical paint. Not that I'm going to do it, it's just the logic doesn't make sense. Someone I suppose could create a plaster mold and duplicate it and repainted it themselves but that would be way harder than taking a screenshot or photo of a print.... And if you owned your own 3D printer, no one would ever have those files except yourself. So I'm just trying to figure out the logic...
What makes you think there is logic to it at all? A few years back, DAZ used to say that making clothes to sell using shrinkwrap to fit it properly was against EULA, up until they released their own version of the tool called autofit. Then all of a sudden, not only is it allowed, but manditory :P
OK if I cark it what happens legally to my 3D print
Maybe because people could still 3D scan the printed figure and use it digitally? Though that seems ridiculously inefficient.
If no one else would get any iteration of the 3D files, I don't see why it shouldn't be permitted. But the license is what it is (whatever it is). Usually it's just as simple as the fact that the pricing takes into account only 2D use and non-commercial, personal 3D printing. Which doesn't quite answer the question if you use only the free base figures, since I'm not aware of how you can buy additional licenses for those.
Can't buy the commercial 3d print license for anything at all at the moment. I suspect that it will be available for the base figures when they add it to the store, if they ever add it. The change in EULA suggests it is going to happen, but who knows. They could change their minds about it.
As you don't own the meshes, yes you need a license for anything you don't actually own. And if there is no licenese you can't use it.
That is, actually, an interesting question. I would presume it all comes down tot he definitions of 'personal' and 'cannot sell'. legacies, to the best of my knowledge do not involve selling (despite some assumption of value for taxes, etc.), but the 'no selling' requirement would need to be adopted by whomever is the lucky recipient of any bequest.
So what if you create a personal 3D print, buy a lump of clay and sculpt your own version of it and sell it, Is that allowed? I'm sorry, but the rule seems silly, especially if you have your own 3D printer and nobody has access to the files you paid for, and morphed yourself but yourself. I don't understand how a sculpture is any different from a print. The files can't be extracted from either...
This is why I would talk to a lawyer (not DAZ, your own lawyer).
2D prints are decalred to be exploitable commercially in the EULA, 3D prints aren't.
As I said in the other thread, none of us here are competent or authorised to make pronouncements and if this thread continues on the path of armchair lawyering it too will be locked. For 3D printing you need to check your usage with daz or get legal advice - asking daz is cheaper, and won't require a court case to decide if daz doesn't agree with your lawyer.
From the Closed-for-duplication thread:
[quote]
Does anyone know the "WHY" behind DAZ3D not allowing commercial use in 3D printing? Why do they allow only "hard copies" of renders (i.e. comic books which are 3D representaitons of work as the ink stacks on the paper) and 2D electronic renders used in things like on-line work?
[/quote]
Technically, mass printing as one finds in comic books (and even your local Mom & Pop Print Shop) that uses a 4-color process also uses dye sublimation, which is considerably different from the "stacking technique" your desktop inkjet uses. This is why commercially-available printed material doesn't smudge in the same manner as the prints your laser or inkjet prints.
Even so, and even if you cranked the ink volume up to max or hacked it to dump one full cartridge of ink onto one print, it's still not classified in this sense as being a 3D print. Braille is not considered 3D printing. Using enough ink such that you can physically see and/or feel a height difference between the printed elements and the blank paper is not classified as 3D printing.
Using 3D printing media and equipment classifies as 3D printed.
Honestly, the multitude of variations of arguments to either get around or invalidate the EULA is astounding, and I'm sure some of these suppositions and "what ifs" go far beyond even the most decorated legal veteran. Many of them are going past logic.
That said, Daz needs to lay it down in plain English (and whatever other languages they can), covering all the bases they can think of where they might lose a buck on a sale, because someone's going to come along and beat them to the punch, and artists will finally be free to sell their art.
Stanley Tools doesn't charge me a dime beyond the tool they sold me.
Black&Decker doesn't charge me a dime beyond the tools they sold me.
HP doesn't charge me for anything beyond the printer, the ink, and the paper.
Testors, Revell, et al do not charge me a dime beyond the paints they sold me.
I pay for paint brushes, and not a penny more for what I do with them.
Jackson doesn't charge me a dime beyond the guitars I buy from them.
These are base elements I can make money with. Money that belongs to me alone. If Daz feels they are not being paid a fair wage for the potential their base figures and toolbox (the software) could possibly generate, charge more. Go back to the days where Zygote was selling a pre-Poser pre-Vicky female 3D model for $500. Compete openly with 3D Studio Max at $4000 for a standalone license, or $1800 a year for a subscription.
Seems strange for DAZ to be selling interactive licenses for their figures like Owen 8 but not, say, G8M. Your conclusion doesn't make a whole lot of sense to me, and I guess only DAZ can answer that.
If you are in some business situation such that making commissioned 3D prints is lucrative for you you should either make your own base more or modify those by MakeHuman to use for your commisions and be completely free of EULA claims.
If for some reason you create a character in DAZ 3D by combining base characters, morphs, your own sculpting and texture work that becomes really wildly popular then the sensible thing for your to do would be to make 2D print out of that character and have it modeled originally from the ground up to disentangle yourself from all EULA concerns.
You can't copyright an ideal but you can copyright the execution of an ideal.
It would be nice if DAZ could clarify in forum or better yet, in a revised EULA. If prior communications with DAZ customer service can't even be quoted here, that would mean we would have to further inundate DAZ support with individual questions about largely the same thing, and that just seems inefficient.
But yes, even lawyers can disagree regarding contractual language, so having the OK from DAZ will mean a lot more.
As the page on interactive licenses state, not all content may not have the license.. so in that case it's possible the the plain G8M cannot be used for that purpose (maybe because the base is free so making money off of free items wouldn't be fair). Also considering G8M doesn't have a sales page at all, what is not offered as commerical product doesn't automatically offer commercial use when not stated. That's not how the EULA works, and that instance needs to be run by DAZ on how to use that base product commerically.
G8M does have a sales page. And an interactive license.
What is this nonsense. Why are we explaining things that aren't real.
https://www.daz3d.com/genesis-8-starter-essentials
I noticed too that they added Genesis 8 Starter Essentials to the Sales pages when I was filling out gallery products used.
I expect the lock to drop long before the microphone.
wonderland... agent_awares pointed to a figure with a different license agreement you could look at. Otherwise... the EULA is crisp, and clear. NO. If you want to do something outside the EULA, you have to ask Daz. Understanding 'why' is probably more complicated, its a mish mash of business, newness, IP, legal, and digital. ('Why' is hardly relavent since the reason could be as simple as, 'cause its Tuesday.) I can talk a great length about this stuff, but Male-M3dia corrently pointed us to the EULA.
Maybe if you all take a step back and take some deep breathes instead of getting out the clubs to whack each other over the head?
Fact: The EULA allows personal use, non-commercial 3D printing.
Fact: People are unsure what exactly is included in the personal use, non-commerciral 3D printing.
Conclusion: Either, every 3D-print gifting has to be cleared by CS beforehand, or DAZ makes some sort of official statement about what goes, and what not. And while my Support-ticket conversation with CS so far pretty much states it is fine if you make a gift for your friend or parent's birthday or something along the line (with the clear statement that such things do qualify as personal, non-commercial use), if you want to play it safe, Put in a support ticket to get your personal gifting project cleared beforehand. This is also true for anything "grey lined", like exhibitions, etc.
EDIT: An additional request about clarification at CS resulted in a clear answer: You can not make a gift, when the purpose is to gain monetary advantage, like gifting a customer when he bought some service from you, or lottery prize for a fundraiser, etc. You are a allowed to make a gift when you give it to your friends/family as birthday present, or other such personal issues. Check also DAZ Steve's detailed reply here: https://www.daz3d.com/forums/discussion/comment/3231586/#Comment_3231586
Fact: The EULA does have commercial printing arrangements, but the licenses in question are not sold yet. So it's moot to wonder if you will have to buy a license for each item separately (like the interactive license), or buy some "Print-A-Figure" license type that allows you to use anything you own from the shop, but only for a limited number of 3D prints.
Conclusion: commercial 3D printing, when you plan to sell the 3D prints, are currently out of the question (due to lack of purchasable license), but if I look at the GamePrint thread, I have a feeling that these licenses maybe will show up this spring.
Fact: Interactive licenses are sold with a lot of content, but not all content. The starter essentials, which include the male and female base figure of a generation (explicitly stated so in the "What's included" of your Starter Essential package), all do have interactive licenses (they are sold at $100 for male&female together). Some items in the shop don't have the interactive license, but the base figures definitely do.
***
That said, I'm getting off my soap box now, brew myself a cup of nice tea, put on the flame-resistant armour and leave this thread alone. Happy skull bashing, guys.
When one of your heirs inherits it, violating the EULA, DAZ will hire a witchdoctor to bring you back from the dead so that they can then revoke your right to use DAZ Studio and all your content.
A little common sense would be nice. The quote from customer service stating that gifts are personal use makes sense. If you are worried about it, send a request to customer service and also ask the person receiving the gift not to sell it. For the OP, since you want to give the print to a client and have them pay the printing costs, that would probably be considered comercial use.
Y'know, I used to be all for artists rights and copyrights and digital rights protections. But I'm not so sure anymore.