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Content EULA restrictions

Posted By edwood7 Last Month
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edwood7
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Hi, according to the Reallusion Content EULA (applying to all models purchased on the Marketplace):

Reallusion grants you a non-exclusive, worldwide, Royalty-Free license to display Content within your iClone and/or CrazyTalk and/or CrazyTalk Animator movies. You may generate, sell and redistribute your movies created with iClone and/or CrazyTalk and/or CrazyTalk Animator with full ownership and use-rights to the output media in Image or Video format within the output guidelines of this agreement.   
3.You are authorized to use "Output" images or animations (renderings) generated using 'The Models' within iClone and/or CrazyTalk and/or CrazyTalk Animator (including royalty-free use for broadcast, commercial, industrial, educational, and personal.) Renderings must be of your original creation and are restricted from being sold or distributed as either a single image, part of clip-art library, or stock video or image collection. 


So this means I can use iClone content for my own movies, my own site, my own videogame for the final user, provided I'm able to market them all on my own, but I can't be hired for any animation job if a company likes my work and wants me to make the next killer intro for its own commercial video, film work or corporate/educational explainer? Please tell me if there's a workaround, i.e. buying an Extended License , because if it is really so this means we'll never be allowed to use this software for a professional purpose, just for our own amusement, which is pointless to me, and we'd better consider moving to Poser or Daz3D. Thank you. 
The-any-Key
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Poser, Daz3D along with most graphics and 3D stores got similar EULA. You can't re-sell models or animations that you bought at a store. Some stores let you re-sell the derivative work in the same store you bought it. But to sell a model or animation to another company or store you need to create it from the ground an up. Staring from an empty canvas. Making you the original creator. This is common sense if you think of it.



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edwood7
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I guess you didn't get my point.
I'm not tallking about selling the raw models or templates, but the rendered clips, featuring  characters deeply modified in Character Creator, customized moves, props combining, camera, music, dubbing starting from someone's brief or script.
It takes some amount of original work on my side, even if it comes from readymade elements, and won't damage the template author's incomes more than using royalty free music as background soundtrack, in a clip where  music is just a single element of a bigger and more articulated work. What's the point of having animation software if you can't do this?
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Unless the person you are making the video for wants to place it in a stock video library, there seem to be no restrictions as far as I can tell. Peter (RL) will give you the final word.


https://forum.reallusion.com/uploads/images/1a09220f-ab50-42ac-ad1a-33ec.pnghttps://forum.reallusion.com/Uploads/Images/d14339d0-cd32-4b35-88f9-40a0.png


Tarampa Studios
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edwood7 (5/12/2019)
Hi, according to the Reallusion Content EULA (applying to all models purchased on the Marketplace):

 ... Renderings must be of your original creation and are restricted from being sold or distributed as either a single image, part of clip-art library, or stock video or image collection.  


So this means I can use iClone content for my own movies, my own site, my own videogame for the final user, provided I'm able to market them all on my own, but I can't be hired for any animation job if a company likes my work and wants me to make the next killer intro for its own commercial video, film work or corporate/educational explainer? Please tell me if there's a workaround, i.e. buying an Extended License , because if it is really so this means we'll never be allowed to use this software for a professional purpose, just for our own amusement, which is pointless to me, and we'd better consider moving to Poser or Daz3D. Thank you.  



I'm keen for a clarification on this too.

Because we have this restriction against still images AND images sold through image libraries even though a lot of content in the Reallusion store and marketplace is also available at roughly the same price (or cheaper) at other content libraries - such as CGTrader, Turbosquid, Sketchup and 3D Universe  - who DO permit us to sell rendered still shots (and including via image libraries), provided it is not just a reproduction of the original creator's promo images, and provided that buyers are not able to re-produce the original 3D mesh product by using the still shot (or a set of images) that we sell. 

I think Hivewire3D and CreativeMarket.com also permit commercial sales of still shot images (including through image libraries) provided we pay extra for the extended licences. 

QUESTIONS: 
1) does the Reallusion EULA mean that we can't sell images rendered in iClone or CTA - even if we buy the content from other sources who DO provide the full licences to use anywhere? 
2) If so, is this because the lighting in iClone is also proprietary content?
3) Are image libraries, such as Dreamstime and Shutterstock considered to be Clip Art Libraries?

I don't think they should be, because:

a) image libraries are just agents, not a buyer who re-sells... because when we post an image on their database, potential buyers can contact us for additional similar images, and because we still need to pay commissions to the image library as our agent on the similar work as well.... so I think the RL EULA needs to be treating us more like landscape or portrait photographers... ie, photographers don't own the trees, land or people but they do need to buy/acquire a licence/permission to sell commercially through an image library... and a billion photographers can take a still shot of the same thing, and yet every single photo is original, because they all use their own equipment, lighting, settings and skills... even when the image is not significantly different to a pic made by the original owner or creator. 

and b) Image libraries like Dreamstime and Shutterstock are used by all major magazines, book publishers, newspaper editors and greeting card producers as the source of their stock images. They are also used by many government departments and stocklisted corporations, so restricting that market away from us, is definitely forcing us to use other commercial animation software.  


EXAMPLE 1:
Many of the Toon Generation characters are already on greeting cards internationally - and those images were purchased through a major image library - and this is possible whenever the characters are purchased directly from 3D Universe, rendered in other commercial software, PROVIDED that the poses and expressions where not already used in the creator's promotional images.... This is something that SHOULD be possible to render in iClone, but can no longer be, since the introduction of this tighter restriction re images and image libraries... and I assume it is because we also use lighting and atmospheres that are unique to iClone? 

EXAMPLE 2:
3DUniverse's Toon Grandma, and Souchenki's Cartoon Winter Village are both sold in various stores with various licences BUT:

1) we CAN'T render and sell an image of just Toon Gran on a clear background in iClone... however, we CAN in Cinema 4D and the commercial versions of Maya and Blender IF we buy her direct from 3DUniverse at roughly the same price.  

2) We CAN'T render and sell an image of just Souchenki's Village in iClone... however we CAN in other commercial software IF we buy it from Turbosquid or Sketchup (and if we also rearrange it a bit so it doesn't look like the promo images.)

3)... and I think this also needs clarification... We CAN use iClone to render and sell the still shot of a SCENE of Toon Gran doing something in the Toon Village PROVIDED we only sell it to a specific client for a specific project who then incorporates it into something else for sale... or if we make that merchandise ourselves... 





Anita, aka "Bleetz" the Toon Wrangler @ Tarampa Studios
SYS: Win 8.1,  64-bit, i7-4770 CPU @3.4GHz,  
32GB RAM, Intel(R)Graphics 4600 & nVIDIA GTX1060 TI 



wildstar
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i like a little explanation too , but for my undestand is:

you CANT sell over the internet on online shops your character creations if you use a cc/iclone base. BUT you can sell your cloths, hair and derivatives from a cc base on your own shop or other ppl shops( as a 3d mesh ) . you can sell your character creation work as a artist for a game company using reallusion tools for creating characters, and motions. and is important to undestand you are working for another ppl/company , is diferent to sell models/animations using internet shops.  
you can sell your artwork "rendered images" as a ilustration or/and computer animation.
 
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edwood7
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wildstar
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Up! , plz reallusion be more clear and explain to us
Peter (RL)
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edwood7 (5/12/2019)


So this means I can use iClone content for my own movies, my own site, my own videogame for the final user, provided I'm able to market them all on my own, but I can't be hired for any animation job if a company likes my work and wants me to make the next killer intro for its own commercial video, film work or corporate/educational explainer? Please tell me if there's a workaround, i.e. buying an Extended License , because if it is really so this means we'll never be allowed to use this software for a professional purpose, just for our own amusement, which is pointless to me, and we'd better consider moving to Poser or Daz3D. Thank you. 


Hi...

The royalty free license that is granted to users of our software is non-transferable. So for example, if you have purchased iClone or Cartoon Animator and make a movie with them, you can then earn money from that movie by selling it or displaying it on a streaming service that is monetised etc. What you can't do is transfer that royalty-free license to a 3rd party like a Stock video library and allow them to sell multiple copies because they don't have a license to do so.

Another example is when you are working as part of a team rather than as an individual. Providing the team or company you are employed by has purchased the software and in turn has a royalty-free license, then the movie can be distributed by that company or business without issue even though you as an individual may be the one who actually made the movie.

For usage outside of the above, I would advise contacting developer@reallusion.com and explain your plans. They will be able to confirm the legal situation with you in writing and also issue a free mass distribution license which is required under certain circumstances like for games or applications.


                                                                

Peter
Forum Administrator

www.reallusion.com


edwood7
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Hi,
thank you. So what if somebody hired me to make an animation intro to be used in his film/video project? I'm talking about full-rendered, customized movie, not the raw models or materials ...



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