I have a question about using other's work to create new items for the RL marketplace.

In some cases the answer is obvious:

If someone is selling an item then if you wish to use that as the base of your own items that you want to modify/improve and then re-sell, you need to get their permission. That is straight forward.

However, what about using the iClone meshes that come with iClone (as free content) to make new items. For example, if I take a G5 character, export it, modify the mesh to create a alien head ridge, can I resell that in the RL marketplace?

My general opinion is that as long as you are not infringing on other people's gain, it should be OK. So in the case of G5 characters, it would seem that it should be allowed because no one is selling the G5 characters (except RL in the base software but so if you are working with iClone you will have the G5 character).

However, it becomes more complicated with things like DAZ characters. The base DAZ Characters are free, that is true, but these are generally used to make specific characters which are then re-sold on DAZ store from which DAZ makes revenue (I assume). As such taking a DAZ character made from the free DAZ content and selling an iClone based version of it could be seen as competition to the DAZ Store.

I know websites like ShareCG typically have the licensing terms indicated.

Are there any quick generals rules to be followed?

"We often compare ourselves to the U.S. and often they come out the best, but they only have the right to bear arms while we have the right to bare breasts"
Bowser and Blue, Busting The Breast

You can take any default content from iClone, modify it and sell it as your own item.

You can't take a DAZ character, modify and sell it as your own.

You can use anyone's base anything that your purchase on the marketplace, modify it and resell it, because if you bought it from the marketplace, it will generate orange derivative type in the marketplace which will link to the original item by the original author - meaning the person will get watermark if they didn't also purchase the originating item.

However, if you purchase the export license of someone's content, and then modify it and try to resell it, this presents a problem.  It won't generate orange derivative, however, it is against the Eula.  Export license is only for using item in other software for your own use.

Alley

Thanks for the guidelines...that basically means that the DAZ figure import capability (if you bought the iClone/3DXchange/GE pack from DAZ) is only for your own personal use even if it is based on the default (free) DAZ content, correct? That basically rules out almost any DAZ morphs and potentially a lot of DAZ clothing (even if self made) because typically more form fitting clothing is made based on the DAZ default character mesh.

"We often compare ourselves to the U.S. and often they come out the best, but they only have the right to bear arms while we have the right to bare breasts"
Bowser and Blue, Busting The Breast

swoop, they usually only go after people that get a lot of attention, and make popular stuff ...so you're safe!

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I was talking about you swoop, you have to get noticed first before getting in trouble.

But at Mr Ashes, Listen to Alley

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"To define Tao is to defile it" - Lao Tzu

swoop is more nervous than a wet chihuahua in the northpole on thin ice being chased by a rabid pack of cats. -smh- #guiltyminds

if you are unsure about anything Mr Ashes, just email support, they are very friendly, supportive and straight forward on these issues. They will get right to the point without the ghost stories. There are ways to collaborate with other artists without infringing on their rights.
swoop is just trying to scare the kittens out of you so he can eventually get his first sale. He fears competition.

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swoop, i got enough skills to take your trousers and sell em back to you! - i just don't need to.

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and if you must know why i'm re-purposing your post ....

copyright is intended to enrich culture and protect an artists right to earn an income from it. Fear mongering is the corporate approach they don't care about culture much like you admittedly don't care much about art... the artists approach is concern and consideration for their fellow artists well being, that is what makes the RIAA so powerful. A community spirit of working together should be encouraged as this is how new and improved items are created while encouraging markets to flourish. Imposing fear and assuming that everyone is out to be sneaky and ill willed is not a healthy approach and causes suspicion and regression. Our very own community will not allow such abuse to happen before it even gets to RL - it has happened before on the sketchup model incident, and was resolved properly. we should be encouraging and educating our artists, not glaring at them and giving them the once over. Treat people with dignity and respect, it might just come back to you! Treat them mean, and you may end up talking to a dragon, the G3 Pew Pew wars are over, and they ain't coming back.

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"To define Tao is to defile it" - Lao Tzu

First: I like to say that I am not "trying to get away with anything"...that is exactly why I am asking.

Second: My questions were more geared to DAZ content because I bought the Genesis Evolution (ore whatever it is called) pack from DAZ for easily importing DAZ figures into iClone.

Because DAZ has confirming clothing (i.e. clothing that will re-size when the DAZ characters is made taller, fatter, etc), one of the common practices is to load in the mesh of the basic free Genesis characters and then use that as the basis of the new clothing mesh. This is especially true when the clothing item is more form fitting. As far as I know this is legal for the DAZ Content store (as long as it is made based on the free base Genesis1/2 character mesh and not someone else's specific character).

Similarly DAZ supports morphs which allow you to take a base mesh and distort it into a variation of the base mesh or (in some cases) into something that does not look like the original mesh at all. The DAZ Werewolf is a good example. Although the werewolf mesh still has the same parts (i.e. head, body, arms, legs, etc) the werewolf morph looks very different from the original mesh...but I am sure that it was made by distorting the original base Genesis1/2 mesh.

Obviously if I ever wanted to use someone else marketplace item as the base for my own then I would ask permission (from the original owner). That seems obvious to me. Its the DAZ content made on the free base character meshes that I am wondering about.

"We often compare ourselves to the U.S. and often they come out the best, but they only have the right to bear arms while we have the right to bare breasts"
Bowser and Blue, Busting The Breast

Daz and RL play nice together, thus they respect each others market, and promote each other... what happens in daz stays in daz with regard to commercial distribution. The inverse is also true with Reallusion and their products as well.

It would be nice if the shops mingled because each in their own right have their artistic merits.

But for marketing purposes, let's just say Daz is geared to more of the high poly illustrator renderer and Iclone is geared more to the lower poly real time machinimator. Thus on a branding perspective it is best for both parties to keep their merchandise aimed at their niche market for an efficient stream of revenue. Powerful computers are blurring those lines though.

The same goes for pretty much everyone that has proprietary type exclusive content. Being able to export, does not negate this exclusivity for distribution.

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