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DAZ Productions, Inc.
224 S 200 W, Suite #250
Salt Lake City, UT 84101
Licensing Agreement | Terms of Service | Privacy Policy | EULA
© 2024 Daz Productions Inc. All Rights Reserved.
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well at least they are letting us know albeit not as clearly as most would like
the stuff that should be and is not concerns me more if I use it unawares
I am ... astonished at how the items have been promoted.
And that is all I will say about that.
I never buy this stuff . . . meaning editorial licensed products. Who does? If so why? And if few do why bother? Just questions from a curious soul.
Edit: I was astonished too. But I do appreciate the blantant transparency. I think many of us wanted a blaring sign it was editorial and DAZ has delivered . . . so I really respect this transparent disclosure.
One of the textures sets is 11th in the What's Hot section, and given it cheap price (4.75, even less with discounts/tokens etc) then it would need to sell a fair number of units to get to 11th in the table. Therefore it seems some people are buying. The Star Wars set seem more popular than Battlestar Galactica. DAZ would not keep selling the editorial items if they were not making it money. Though why they are allowed to make money off these items, and users are not, is a question that perplexes me, and I guess a lawyer would know best.
one thing I was wondering is the basic suit and the Star Wars add on is the only real difference is the Star Wars one having the orange texture and Rebel signs so if some copyright lawers could maybe make a case if they really were in a mood it's happened before and remember there are other products here under the EL some have asked if they changed or removed something would it be ok and were told no
When I go to Comic-Con conventions everyone including myself sell our artistic takes on comic/TV/movie franchise characters and clothes. Original characters don't sell well and literally everyone sells art, toys, figures, clothing, props, whatever, based on existing popular franchises. We are, in effect, actively promoting and advertising for them, even giving life back to old TV shows, comics or movies. Conventions would shut down if studios stopped creators from selling their products. So if no one cares at Comic-con, why is it a problem? It's easy to create your own logos etc... and there have already been Harley Quinn and other characters' outfits sold here. Who owns the rights? Daz or the studios/corporations? I don't want to break the Daz TOS, but I'm not concerned with the studios.
A lot of people do fan art, and don't care about the editorial license since they wouldn't use them commercially anyway.
From a few comments I've read from Daz people, they sell quite well.
Even though I really don't like Daz selling EL items, and won't buy them, the toon-devil on my shoulder is whispering how cool it would be to have a Mandalorian add-on for a set of 3d plate armor...and the toon-angel on my other shoulder is trying not to look tempted.
Pretty sure such things exist in other places. Plus, there are knock-off items in the store, clearly inspired or at least influenced. Sometimes, it's hard to say they're not also influenced/inspired by an Ironman suit. And, EL or not, actual Mandalorian-style armor is fairly distinctive. I guess it depends on your view of such things. Boba Fett has been around since the (in)famous) 1978 Star Wars Holiday Special.
Considering Daz likely got a license from Disney -who by the way is notoriously draconian when it comes to their IPs- I can't say I'm surprised the X-Wing pilot suit is under Editorial License. You'd have to be huffing some strong copium and hopium to think they'd let Daz have Star Wars-related items (and not thinly veiled ones like RawArt's characters based/inspired by Yoda, Twi'leks, etc) for sale and not have an iron grip on how they can be used.
Have they said anything to that effect?
on the last page #77 of the Star Wars thread there is a render of Mandalorians https://www.daz3d.com/forums/discussion/26281/star-wars-renders-2013#latest
Disney requires licensees to put its trademark, copyright, etc. notices on items it has licensed, and I assume other IP owners do the same. I think Daz is just hoping the copyright/trademark holders of the various EL flagged products won't find out, and if they do, will only go after end-user artists who aren't careful about using their new EL goodie.
Not a lawyer, but I doubt the relevant laws work that way.
It is rather paradoxical that Daz and other places can make money selling them while the purchaser can't make money using them
That's about what I thought.
I can't categorically say Daz haven't got a licence from Disney, but I still feel like the actual text of the Editorial licence (which remains only under the 3D derivative parts of the licence and is therefore arguably not applicable to any 2D works*) is not what is actually intended, and I wouldn't expect that Disney's extremely strict lawyers would agree to those being the terms of use.
* The alternate interpretation would be that because the 2D section makes no stipulation that you can do anything with the editiorial licence, the only acceptable derivatives would be 3D works, which seems even less likely to be the intent.
the Pathfinder Mech got released at a good time any later and it probably would've gotten hit with the editorial license, just saw an update video for a new game called Helldivers 2 and showing off they're adding mechs to the game soon and the one shown looks very close to Pathfinder though instead of the pilot climbing in the front the pilot goes through a hatchin the back couple other slight cosmetic differences but close enough if it was released later who ever dicides here on what gets an EL would on this
It looks like more items with Editorial Licenses are coming,
so it would be good to clarify if renders or videos made with such items
could be post anywhere at all and under what conditions.
I didn't try them but they are/were a couple of people who are sharing Mass Effect models for Daz Studio on Deviantart.
HFS Shapes - ME Expansion - https://www.renderosity.com/freestuff/items/70433/hfs-shapes-me-expansion
Justa reminder that we are not legal professionals, for the most part, and that those who are are not in a client-advisor relationship with the forum readers - please therefore avoid offering interpretations of or advice on the law.
Honestly, I'm just gutted that I used 2xTuesday to invest in 8 tickets hoping for a new thursday daz original pro pack and instead we get copyrighted content with editorial licenses.
I was even a little excited for the pack of skin variety until I saw it was editorial.
At least my tickets have another 2 days on them so I can hopefully find a PA release to throw them at.
There's a reason I come to Daz instead of the other 3D model sites around the internet and that's because I had some brand confidence that they weren't selling me a copyrighted character design I wasn't aware of.
The editorial license being clearly marked at least means I can't make that mistake as I always look for interactive licenses before I buy something, but the more of this stuff gets released then the more clutter I'll have to sift through so I'm not too hopeful about the future of browsing and impulse buys if this trend continues.
I was also thinking "Well, maybe I will pick up that to go with all the freebies I've got", except its the ONLY 'addon' that isn't for sale it seems.......and most of my freebies are for G8 anyway, so..........
Edit: Actually I was wrong, it just slipped by me for some reason (still, for G9 which I am trying to avoid getting into a spending spiral for, but I'll consider it):
https://www.daz3d.com/science-fiction-alien-textures-for-genesis-9
I guess we'll start from the cynical position that "We're going to sell you this licensed stuff for profit, and you can only use ot for Editorial Use." Smilin' Jack Tomalin tells us quite frequently that this stuff sells quite well. So, I guess there;s a market. Speaking only for myself, I will never buy any of it, even for a penny. I probably wouldn't take it for free, either, because I don't waste my time or storage space with stuff that's not commercial licensed.
To be fair, I don't get the whole fan art/fan fic thing to begin with, but what other people enjoy creating is their business. As for the products, like all businesses, Daz needs to sell its goods and services so it can keep the lights on and pay its employees, and if that genre does well for them, I understand why they sell it. I don't quite understand the line that determines what - in terms of IP - can be sold by a third party (Daz) for private parties' personal use. IP law is a beast in my limited observation. I'm hopeful that all of the lawyers involved have crossed their T's and dotted their I's so no one gets in trouble and we can continue to buy cool stuff from Daz. But in terms of these products themselves, I wouldn't download them if they were free and absolutely unlimited in their use. Future/space is not a niche that interests me and even if it were, I'm not interested in telling other people's stories set in other people's worlds, with other people's characters.
You asked for my opinions, there they are.
I get it. People love their franchises. It fires their imaginations, and they want to express that. They want to celebrate what they love, share that with like-minded people, and to add their own uniqueness to the body of material that exists. People want to explore thoughts and ideas involving their favorite characters and franchises. It's all within the realm of the fanart/fan fiction universe, and it all makes perfect sense. Unfortunately, it all involves Intellectual Property that mostly belongs to large, wealthy corporations. Horrible! It's a trap.
NBC Universal, Paramount, etc. don't need our protection. The big boys can duke it out amongst themselves (or not), I don't care.
For my own (additional) 2 cents:
I use Daz as a Hobby (a Expensive hobby, considering all I've spent on it and Poser over the years). That being said, throughout my life I've spend a disproportional amount on whatever happened to be my hobby at the time (Comics, Paperback Sci-Fi/Fantasy novels, TTRPGs, etc. ......yes, I'm a HUGE geek ^_^)
I would never try to charge someone to view my images, mainly because I simply don't think I'm good enough to do so (although I'm pleased that some have asked that over the years as well ^_^), but also because this is a Hobby, and I don't want it to become another Job I have to worry about getting right or loose my income from it.
Back to the topic of these "Fan Art Addons": I would probably have a better time accepting it if they simply offered the base, 'generic' items at maybe a little higher price, then gave us the 'Fan Art Addon' for free if you purchased it. That way they aren't truly making money off of a copyrighted franchise.
I even know one content producer here who made some 'Generic Alien/Fantasy Race' body morphs for Genesis 3/8. At his own site, however, he offered for free various Head/Face morphs that turned those generic bodies into the races from the "Mass Effect" series of games (and I saw the head morphs first, which led me to here to get the bodies). As I recall, in the 'generic set', he also included some 'Forehead/Nose ridges', and 'Elf Earl' that were clearly Klingons/Bajorans/Vulcans.
This is only the second 'Ferengi' morph I've seen (the other was for Victoria 4, and even it was a 'For Pay' morph). Maybe because they aren't 'conventionally attractive', not many of the Freebie content creators have made such a morph? ^_^
If selling recognizable IPs under an editorial license was an issue, then Turbosquid and other sites like it would have been taken down years ago because they sell a ton of name brand vehicles such as Lamborghini, Ferrari and Ford to name just a few.
Also, there is already 3rd party sites that sell ripped game content and converted game content for use with Daz Studio that people are buying. So instead of supporting thieves, selling content they didn't make, at a site that wont hold them accountable, customers can buy "fan art' content here from artists who will be held accountable if they are caught crossing the line.
It's almost a given that Daz has its own legal department, and said legal department cleared all of this stuff, no matter how oddly egregious it might appear to you or me (or maybe just me?). Not sure if they assume that it's the Executive License that protects them, or the use of the term "Fan Art Add-on," or if they plan to throw individual PAs to the Disney wolves should it come to that, but they must have some kind of plan, otherwise they wouldn't be running promos like this.
And Disney always knows... :-)