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View Full Version : copyright infringement-Daz studio content-hero models etc



prometheus
08-23-2015, 06:08 AM
Just a few questions about doing content for daz studio.
what if I have made a hulk figure, or batman or superman etc...and wantīs to sell such figure on the daz market place..wouldnīt I violate the copyright infringement that marvel and others owns?


Michael

bobakabob
08-23-2015, 10:09 AM
Probably not a good idea - if your intention is to make money that's when things might become difficult. Best to sell original designs.

RebelHill
08-23-2015, 12:06 PM
wouldnīt I violate the copyright infringement that marvel and others owns?

You would indeed. So its a no no.

cresshead
08-23-2015, 12:40 PM
there are ways around such things..
1. don't be too accurate
2. don't call it what it is...
green muscle man - (the hulk)
pop star (elvis)
flying fox man (batman)
tin robot (c3po)
rubbish can robot (r2d2)
politician (bill clinton)

yeh..i know!

this is the sort of strategy used by itsming

http://www.its-ming.com/

erikals
08-23-2015, 12:54 PM
if it's just a close match, but not close enough, you can sell it, like cresshead says

jeric_synergy
08-23-2015, 02:59 PM
I'm not sure actual real people can be copyrighted like a character. There's probably case law somewhere.

spherical
08-23-2015, 04:23 PM
if it's just a close match, but not close enough, you can sell it, like cresshead says

I'm not up on the current state of International Copyright agreements but, in the US, where most of these companies are, the determination is based in part, on the "Person on the Street Test". IOW, can a cross section of individuals not having a horse in the race say that Y intellectual property was derived from X intellectual property. The common vernacular misconception that "all you have to do is change it a little bit" is pure myth and will not hold up in court. Parody is an entirely different matter. The best avenue to take is get a license or, at the very least, a letter of permission to do what you want to do with the property.

erikals
08-23-2015, 05:38 PM
interesting, no, i don't think we have that here, think we have a percentage amount

so, that would be a 75% look-a-like of Arnolds face for example

that was 20 years ago though, it might have changed

----------

again, quite interesting with guy-on-the-street value

but what if you make 100 different faces, like endomorphs, and 1 of them have a Arnold-ish look...
or a 1000 morphs,
or 10000...

http://erikalstad.com/backup/misc.php_files/smile.gif http://erikalstad.com/backup/misc.php_files/question.gif

spherical
08-23-2015, 05:51 PM
Pretty much the same evaluation. Someone, or many, decides what is 75%. Most often cited (incorrectly) is 10%. IMO, that's a ripoff, pure and simple.

On the hypothetical question: It depends upon what you intend to do with that single morph. If it's one frame in an animation, no one will identify it. If it is the entire animation, or huge majority thereof, then it's the same as one still that looks like him. If you don't intend to sell either, the point is moot. Then, there's the other hypothetical of two actors who look like each other. Can't call the second (which ever one that is) an infringer; mostly because they had no control over it.

prometheus
08-24-2015, 02:01 AM
Thanks for the feedback guys, it seems like it is like I thought, but I may have to read up on it properly.

I could do a texture similar to superman ..but with the lw logo, maybe that will be okay then :) Im sure that would be ok with the lw team :)
Just fooling around.

Vikings, or other historical pieces or fantasy stuff might be more secure to work on... if I choose to do so.

What I donīt get though, there is lots of stuff in there at daz..showcasing models of superheroes, so to me it seems there are loads of stuff up there violating copyrights, unless daz studio has made a deal...which I donīt believe would be possible, otherwise the individual creators must have payed a fee to those owning the copyrights..

or is it perhaps as I think...simply loads of stuff that are illegal in regards to the copyright infringement, which is a bit strange that the authors of daz allows such material to be uploaded in such case.

you got superman, batman, spiderman etc and most certainly a bunch of more stuff.

JonW
08-24-2015, 02:44 AM
Also keep and archive all your development sketches and prototypes, even if it is the simplest of a sketch with a pencil on the back of an envelope. While you are at it put a date on the sketch as well!

Greenlaw
08-24-2015, 03:32 AM
I don't believe DAZ sells licensed superhero models. Their website does feature illustrations by artists who create content for DC and Marvel using Poser or DAZ 3D so I guess it might appear that way.

As far as I can tell, these artists customized 'generic' DAZ or Poser assets for their own commercial work and their custom assets are not sold by DAZ.

G.

spherical
08-24-2015, 03:40 AM
What I donīt get though, there is lots of stuff in there at daz..showcasing models of superheroes, so to me it seems there are loads of stuff up there violating copyrights, unless daz studio has made a deal...which I donīt believe would be possible, otherwise the individual creators must have payed a fee to those owning the copyrights..

or is it perhaps as I think...simply loads of stuff that are illegal in regards to the copyright infringement, which is a bit strange that the authors of daz allows such material to be uploaded in such case.

you got superman, batman, spiderman etc and most certainly a bunch of more stuff.

Exactly. Just because they haven't been identified and busted... yet, doesn't mean that it is all fair game. This is not to say that all studios vehemently pursue infringers; some are not so pernicious. Others are. Be aware.

jwiede
08-24-2015, 03:50 AM
Exactly. Just because they haven't been identified and busted... yet, doesn't mean that it is all fair game. This is not to say that all studios vehemently pursue infringers; some are not so pernicious. Others are. Be aware.

Both DC and Marvel are extremely protective of their superhero assets, for example, precisely because those assets have proven so very valuable. In general, best to err on the side of caution in such matters.

jeric_synergy
08-24-2015, 08:39 AM
... some are not so pernicious.
Pernicious? It's their bread and butter-- more to the point it's their Lamborghinis and cocaine, of course they will defend their IP.

bobakabob
08-24-2015, 10:36 AM
If the situation was reversed and someone was selling models based on your ideas you might understandably feel aggrieved enough to resort to legal action.

bobakabob
08-24-2015, 11:02 AM
PS Also if there's any potential for lawyers to make a fast buck they will.

spherical
08-24-2015, 02:42 PM
Pernicious? It's their bread and butter-- more to the point it's their Lamborghinis and cocaine, of course they will defend their IP.

What I'm saying is that some do not require you to pay a huge license fee and will grant permission for limited use. As long as there is an agreement, their IP is protected. If they know of an infringement and do nothing, they can lose Copyright. It is up to them to decide how valuable a use is and to charge or not charge for that use.

jeric_synergy
08-24-2015, 02:57 PM
In that case, "rapacious" is more apropos.

VoltisArt
09-19-2015, 05:32 PM
What I donīt get though, there is lots of stuff in there at daz..showcasing models of superheroes, so to me it seems there are loads of stuff up there violating copyrights, unless daz studio has made a deal...which I donīt believe would be possible, otherwise the individual creators must have payed a fee to those owning the copyrights..

or is it perhaps as I think...simply loads of stuff that are illegal in regards to the copyright infringement, which is a bit strange that the authors of daz allows such material to be uploaded in such case.

you got superman, batman, spiderman etc and most certainly a bunch of more stuff.

DAZ keeps themselves protected, as well as content creators, before releasing a product. Just using the Disney freebie font, (to spell anything) for example, will get your product or promo pics rejected before they go through quality control. As for what's already in the marketplace, like specific models of cars, note that they aren't named after the original. A VW Beetle, for example, might be named "1960's European Subcompact" or some such. The same goes for celebrity look-alikes, which are given new names and often promos with different hair. Names, logos and parts of logos are black & white copyrights, but visual similarity for a common product, person or character is a grey area and depends on individual cases.

There are lots of rip-offs of Dr. Pepper: Mr Pibb, Dr Thunder, Dr Skipper, Dr Flave, Dr Fizz...just about every soda brand has one with similar names, similar taste, but not the same name. DAZ's market is also very small on a global scale so there's some fudge room there. You want to see some crazy infringements, check out Turbosquid. I'm shocked that site can afford to exist and don't know why, despite their disclaimers that only people with rights should purchase and use the products.

Regarding super heroes, DAZ does not sell any of the above named characters or anything with their respective logos, though they sell products that can be combined or altered with textures to make close matches. (That's on the user, not the seller.) Other sites do sell DAZ and Poser-compatible copyrighted products, but their market share is a small fraction of DAZ's small fraction and they go unnoticed. The only products I'm aware of that are named as themselves were made by their original creator, Tony Puryear. (This includes model/wrestler Reby Sky, who he had the pleasure of helping to digitize.) There may also be a handful of really old items that are named, but their quality won't hold up to modern rendering standards.

Most users are only making fan-art that they don't sell, anyhow. I think even the companies aware of their products being digitally copied keep that in mind and don't want to get a bad reputation for hunting down every kid that likes their product and wants to put it on their Facebook wall or DeviantArt.
_ _ _

Been a while since I saw my avatar here...knowingly ripped off TRON with that design, but thankfully glowing squares can't be copyrighted. ;)

shrox
09-19-2015, 06:44 PM
I don't know. I see Star Wars stuff for sale on TurboSquid.

http://www.turbosquid.com/3d-model/star-wars-movie/

VoltisArt
09-19-2015, 06:51 PM
My point exactly. We're to assume only Lucas (or Disney now) representatives are buying that stuff? Ha! I've no idea how TS hasn't been squashed by lawyers a decade ago.

DAZ, on the other hand, doesn't sell that kind of stuff. Similar to popular things, sure, but not exactly the same and certainly not named as such, but for a handful of rare exceptions.

spherical
09-20-2015, 02:28 AM
I don't know. I see Star Wars stuff for sale on TurboSquid.

Heh. Certainly doesn't mean that they, or anyone, not having a license to sell products that are, or are significantly similar to, protected IP will not be found and prosecuted.

prometheus
09-20-2015, 09:15 AM
Heh. Certainly doesn't mean that they, or anyone, not having a license to sell products that are, or are significantly similar to, protected IP will not be found and prosecuted.

Itīs utterly confusing though, that someone donīt sue the daz company for not shutting down users who breaks that copyright, they still are responsible for what is on their site for distribution.