Commercil Use of Reallusion Software

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Posted 11/5/2009 8:16:25 PM
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Popeye,

Sir, how about a yes or no!

sw00000p

Post #31182
Posted 11/5/2009 10:46:06 PM


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All The answers are in the End User License agreement.

There is no double talk, it is crystal clear just read what is written and don't read into it.

It says anything you produce is YOURS, YOU CAN use the Logo, it does not say you must, but you have permission.

The software is what is protected, not what you produce with it; that's on your end. The RL EULA does not protect your work, just the software that produces it.

Make sure you do not violate the stipulations that say what the software cannot be used to produce, and there shouldn't be any question.

Sorry but this horse has been beaten so bad, it can no longer say "NAY"

The EULA is in the program Folder and Titled "End User License Agreement.txt"

It is so short now, there should be NO confusion. Thus the creation of the Royalty Free stipulations that give you exclusive use of the items purchased from the store to use as you wish.


Main Thought(s):
3. You may generate, sell and redistribute your movies created with iClone and/or CrazyTalk with full ownership and use-rights to the output media in Image or Video format within the output guidelines of this agreement.

- The computer software ("Software"), images ("Images"), content ("Content") and other files contained with the Software (collectively called the "iClone and/or CrazyTalk") are proprietary and copyrighted.


Cricky (Leave me a voice mail if you like.)


If you hover over the Clips below that Pop up...you get a Preview



Post #31197
Posted 11/6/2009 12:04:05 AM
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Thanks to this thread, I read the EULA for the first time. Everything is as I expected. I agree with Cricky, it is quite clear. If the product abides by the EULA to the letter then it should be fine. 

The EULA will be the only version of the agreement between RL and the customers.  So I wouldn't expect anyone from RL to provide any more answers other than referring to the EULA. Any answers or clarifications other than a straight quote from the EULA is unnecessary and unwise since they may be perceived as amendments to the EULA.

As to the credit issue raised in this thread, I typically won't credit something that I bought. For instance, if i write a poem using Microsoft Word, I won't give Word the credit any where in the poem. Credits are for the free materials in the public domain. So although Reallusion gives the permission to credit it, I simply won't change my general rule and place a credit. There are situations, such as the iClone movie competition, where credit is required. But that's another story. 

I definitely will not place any iClone or CrazyTalk logo in my works. I could be asking for trouble. Placing an RL logo in a product can give some audience/clients the false impression that the product is endorsed by RL or even come form RL. RL can't be happy with that because 1) the product may carry a message or project a certain image that RL doesn't want to associated with, or 2) the product is among the prohibited uses as stated in the EULA., or 3) any other reasons that RL is not happy with the use of their logos.  I know the things I am going to make won't fall in any of the above categories, but why bother.

DISCLAIMER: The above post is my personal opinion as a layman. It is not intended as legal advice. For legal advice, please consult legal professionals.

Post #31201
Posted 11/6/2009 3:29:56 AM


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sw00000p (11/5/2009)
Popeye,

Sir, how about a yes or no!

sw00000p

To what ? sw0000p. Didn't see you as part of the previous posts? Do you own your Videos? I think Cricky has put it perfectly don't you?

Post #31205
Posted 11/6/2009 4:12:36 AM
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It's the logo inclusion that's my issue. It tells a competitor up front your trade secret so to speak. Basically giving them the knife to slit your throat with.
Post #31207
Posted 11/6/2009 4:15:46 AM
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aknzrdude (11/5/2009)
agree with zuijlen my take is what you make is yours- you can credit anyone you want - any default character that comes with iclone you can share but not sell and must credit reallusion but if you use them in a movie, no need to credit RL




Just got a direct response from Reallusion that may prove useful to some of you. Still studying he info myself:

Dear James,

Thank you for contacting Reallusion.

Reallusion content is absolutely royalty-free and output media created with our products can be freely used for commercial purposes. For more information, please visit our introduction page and read our EULA:
http://www.reallusion.com/ContentStore/Royalty_Free/
http://www.reallusion.com/Reallusion_EULA.pdf
http://www.reallusion.com/Reallusion_Content_EULA.pdf

Please contact our sales department if you have further questions:
sales@reallusion.com

Best Regards,
Kelly
Technical Support
Reallusion Inc.
Post #31208
Posted 11/6/2009 6:05:09 AM
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For everyone--after wading through the issue here and getting the response from Reallusion, I opted to proceed to purchase Widgetcast, iClone, and popVideo Coverter to go along with my Crazytalk 6. I'm convinced now that what I produce in the way of educational software is mine to do as I please including market it without a hassle about copyright or trademark infringement. Or facing a mandatory requirement to include the RL logo. FYI, I got direct from RL another company of the license agreement with the key points that were an issue for me highligted in bold print for unquestioned clarity. I really appreciate their taking the time and making the effort to address my concerns specifically. And doing so within a mere day or so as well.

I'm anxious to start this often postponed project starting this coming spring semester. My workload will be hugely reduced thus allowing me to be home most of the week to work on this. I just shelled out a bit over $1K for a Panasonic HDC-TM300 plus hugely discounted Transcend 16GB and 32GB SDHC (6 all told) to join the internal 32GB memory of the camera. the idea being to speed up my workflow by avoiding tape transfers. Already had Sony Vegas 9 Pro to handle the much maligned AVCHD codec. Hopefully, I haven't outsmarted myself and end up regretting my purchases. THANKS a million to you all for your input and comments. I'd still be stumbling in the dark without you guys.
Post #31214
Posted 11/6/2009 9:26:11 AM
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Popeye,

Sorry, I meant no harm. I followed the link you gave and now have a CLEAR understanding of everything involving this matter.

Sir Peter Edward's and JMartin's post, Clearly Explains:

* Customise All RL Original Content and The Movie Is Completely Yours To Do As You Wish!

sw00000p

Post #31234
Posted 11/6/2009 7:39:11 PM


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sw00000p (11/6/2009)
Popeye,

Sorry, I meant no harm. I followed the link you gave and now have a CLEAR understanding of everything involving this matter.

Sir Peter Edward's and JMartin's post, Clearly Explains:

* Customise All RL Original Content and The Movie Is Completely Yours To Do As You Wish!

sw00000p

No probs sw0000p. Glad you are now clear on the EULA and the link helped. I was unsure that you had the right thread!!

Post #31306
Posted 11/7/2009 1:56:23 PM
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" * Customise All RL Original Content and The Movie Is Completely Yours To Do As You Wish! "

 

 

Well, may be there is still confusion about this then, in my opinion. Let me see if I can help to make it a little more clearer, or more muddier . It is true if one modifies every piece of contents in RL and then produce the video based on them, then one will own the rights to the video, and possible also the copyrights to these modified pieces.

 

However, if the purpose is to own the copyright to the video/movie itself, without also claiming copyrights to the contents being used in the video, then there is no need to change anything. One can and probably wants to customize at least some contents, such as the avatars, but one doesn’t need to. If one doesn’t want to change the furniture, or the trees, flowers, jeep, tv, bed, door, etc, one doesn’t have to. RL granted the customer a non-exclusive royalty-free license to use the content when the customer made the purchase.

 

This is not unlike using the fonts that come with Microsoft Word to write an article. The writer doesn’t own the copyright to the fonts, but the writer owns the article and can do whatever s/he wants with it, including selling it.

 

What’s the benefit of modifying the contents, such as an avatar? Besides making the video look good, one MAY BE able to own the copyright to it. If this avatar becomes a big hit, such as playing a starring role in your movie/show that ends up on TV running for years, then you can license this avatar out (stars in commercials, appears in t-shirts, has its own action figure, etc. We need to keep the dream alive, right?).

 

I say MAY BE above because 1) your avatar has to be “substantially” different (the court will decide that should there be a legal case) from the original one that RL provides, and 2) once your avatar makes it big, there could be some people notice that your avatar looks very similar to theirs, and may think that you simply copied their avatars in the first place. They may decide to challenge your claim of copyright ownership to the avatar.

 

I don’t know where this notion of RL requiring its users to place RL logos in their products comes from. It simply doesn’t make sense.  Below is a direct quote from the EULA.

 

6. The use of any Reallusion, Inc. iClone and/or CrazyTalk logo or trademark must be

used in a manner permitted by the logo or trademark owner. This license does not

grant you any right to use logos or trademarks. …

 

 

Companies spend a lot of money to build up their brands. Logos are protected by copyright and trademark laws. Unauthorized use of any company’s logos is a serious offense. Placing some other company’s logo on one’s own product is the equivalent of dressing as a girl scout and wearing a girl scout badge to sell cookies when one is not a girl scout member. They will go after you. There is no way a company allows anyone else to use its logos without specific permission (exceptions exist, such as some very narrow editorial usage, as in using the logo in an article about the company or a discussion of the design of the logo itself).

 

 

I realize that my opinion may be wrong. Please feel free to correct me. I will love to be equipped with a better understanding of copyrights issues.

 

Disclaimer: What’s expressed in this post is my own personal opinion as a layman. It is not intended as legal advice. For legal advice, please consult legal professionals.

Post #31400
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