Image creation ownership question -
hacsart
Posts: 2,025
Question for the Daz folks on who owns an image in the following situation..
One of the fellows I used to work with before I retired now runs his own 3d graphics business doing freelance work, and some 3d work for various clients.. He has a killer system, and a major boatload of DAZ content..(even though he uses Max for his modeling, he says you can't beat DAZ for quick and easy scene composition and character work..
If I use his system/content to create an image, does that image belong to me (assuming it is removed from his system, along with possibly deleting the scene files after completion?) Could I legally post that image here in a gallery or forum?
Thanks
HAC
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Technically the image would belong to you as you created it.
But that would also depend on what arrangement you have with him regarding the use of his equipment.
Alot of companies can claim ownership of whatever is developed in-house on their equipment. So it would be good if you work that out with him prior to developing artwork.
. I have an arrangement with him to "rent time" on his systems (decent rate, covers electricity and beers..) - Hopefully it can be used for something..
Thanks..
The question is: what EULA says about it? Are you bringing your own hard drive discs with your content? Using either your or his freebies would be fine, I think, but I'm uncertain about the purchasables here. I don't think the machine matters.
True.. Hopefully someone with DAZ legal can provide some insight or an answer.. Could it be like renting photographic equipment? I'm not going to start doing anything with this, before I can get some clarification, just to be safe.. it was an idea developed over beers so, merit may not be its strong point..
Who owns the 3d content on the computer you will be using?
The EULA says
You really need to submit a ticket to DAZ legal regarding this. Use the "Contact Us" under the help menu. The forums are mainly used by members.
Ta! Have submitted a ticket.. Although the answer seems obvious from the posted excerpt from the EULA.. It seemed like a good idea over beers..... Which is why we decided to check with DAZ first, to be sure we were kosher with it..
Will let you know what Daz says... And if its no can do, i can live with that, no problem...
EDIT -- having read the EULA in full we have decided that this is not something that we can consider as a valid proposal.... Scrapped the idea, thanks all for the direction...
Cheers
if it is only a render you are exporting it should be ok
just as long as not moving mesh and content form one PC to another
he needs to own his content and you yours
you can share a duf scene and render it provided you both have the same content
he technically would own the render but can indeed give or sell you the rendered image for you to use as you wish like any commissioned artwork, the fact you collaborated by producing it on his computer should not matter, like a craftsman working for a boss does not own his work.
No I don't believe it is ok. The content is licensed to the purchaser and by extension any image created from it is the purchaser's. Just as the actual content's license cannot be transferred neither should the ownership of images created form it.
This issue has come up a few times. IIRC, the EULA allows all those who reside with purchaser to use the assets within the terms of the EULA.
I think the sticking point in this may be the "renting" part of the deal. There is nothing in the EULA that grants a purchaser the right to rent out their asset catalog to a 3rd party. If the 3rd party can afford to "rent" the assets then DAZ would likely feel they could afford to buy them outright. After all DS4 is still free.
And that's why we decided that this would not be the way to go.. As I said, it was a good idea over beers, and you know how that works out usually..... A full read of the EULA told us otherwise, and the idea was still-born.. No content was shared or harmed during this schemozzle. :) :)
Thanks for all the input... It really confirmed our thoughts...
And thank you for understanding :-)
No worries! .. As I said it was s beer plan, and sober reflection usually shuts those down before they can do any damage.. And a good thing, too...
only my cats reside with me, so then if my brother visits I cannot let him do a render:
(as slim as the likelihood of that is)
even Ubisoft will let you play Assassins creed at a mates place if you bring the beer
hardly renting it :lol:
My cat has started up Bryce's render engine by walking across the keyboard on a couple of occasions. As for your brother, well...I don't know him so I wouldn't know if he would or wouldn't. Have you asked him?
Like I posted, the sticking point is more likely the renting part than the use part. In the end, it's probably not that much different from someone who buys a product, puts it up on some file sharing site and gets paid however much for how ever many downloads or members or however the site does things. It's still money being made from the product that is not going to the vendor and broker.
My cats simply park themselves in front of the screen and on top of the mouse... But they're so cute one cannot get too mad..
Yeah.. The whole thing seems worse the more it gets discussed.. Sort of sshamed of myself.. But ah well.. It ended correctly. I suppose..
Funny my cat actually tried, he likes to walk on the keyboard :lol: sneaky bugger he is
my cats don't type very well, but they are still young. Maybe they will learn as they get older. :coolsmirk:
Our Alisss is 13 years old.. her typing never got any better... but she does bat the mouse around quite well.. Once even shut the PC down...
Oh they're very keen to learn, don't you worry about that Cho haha
Here's a little thing about copyright, and this is not only with DAZ EULA specifically, just in general. Anything an individual creates regardless of the tools used to create it is the intellectual property of the creator, not the individual whose tools were used. In this case, if, for the sake of argument, the original poster had actually created an image on his friend's system, with his friend's software and content (potential EULA violations regardless), that particular piece of art would still belong to the original poster because he created the image. It's just like if I borrowed a friend's paint set and painted a picture with it. I'd still own the copyrights to that painting, or if I used someone's camera to take a photograph. I'd still own the copyrights to that photograph. If I rent space at an art studio and use the studio's equipment and materials, the final art created still belongs to me, not the studio. If I take art classes at college and use the school's computers and software, the art created on that system still belongs to me, not the school. It doesn't matter whose equipment I'm using as far as copyright law is concerned. All that matters is who actually created the piece of art. The only time the copyright for a given piece of art is not owned by the person creating it is if the project was done as Work for Hire, and then—and only then—would it belong to the client.
The DAZ EULA only governs who is "authorized" to use the purchased content, it does not cover the copyrights of art (be is a single image scene or an animation) created from said content. The final art belongs to its creator, not the individual whose computer it was created on.
So, would using a friend's computer, and his DAZ content violate EULA? Possibly. Would your friend own the resulting images because they were created on his system? No. As the actual creator of the art, you would.
Thanks for that.. It does help clarify things ...
It has never been a question regarding who holds the copyright to the finished image. Whether the image is created in PS, Bryce, Poser or DS, the final 2D render belongs to the person who created it.
Comparing painting a picture using a friends paint set vs using a friend's 3D asset catalog to create an image is mixing apples and oranges. I don't ever remember there being an EULA attached to my oils or acrylics.
The final image isn't the issue. How it is achieved is.
(emphaisis mine) He specifically asked about whether or not he would own the final art if he did use his friend's system, not whether he was "legally allowed" to use his friend's system according to the EULA. His question really had nothing to do with the EULA, only copyright law. And, according to copyright law, he would own any works he created regardless of whose tools or equipment (or content) was used to create it.
But, as this is the DAZ 3D Forums, and as the question was about an image made using DAZ 3D content that the OP doesn't own himself, then the EULA is a very pertinent part of any explanation.
The OP has accepted the status quo, so really there is no need to continue the discussion.
KItty pics....
I can do kitty pics!
well as were taking about cats typing earlier I shall send you this one, straight from the sunny Welsh valleys.
Forgive the lousy photo, my camera was on the way out.
One of the ornaments on this shelf is worth over £100, guess which one.