Since Headshot came out I have seen a few "Celebrity" characters that appear to be created using photos of the celebrities faces for sale on the marketplace and I have also seen a lot that were made with crazy talk.
I just wanted to know if this is OK to do?? Right now I purchase all my reference images off 3D.sk and get the commercial licence so i'm able to use them on characters that i sell.
If i'm able to use any photo I find that would be helpful but I want to make sure i'm following all the rules.  I am the type who "plays by the book" so I just wanted to ask.

Please let me know! Thanks!!

There are all kinds of ramifications and aspects to your question.  Celebrities, by and large, fall into the "fair use" category when it comes to using their likenesses as satire.  But for sale or endorsement?  No, they "own" their image.

IOW, if you own Headshot you are free to use any image of any public person out there as long as your use doesn't cross the line -- you can't have Hillary endorse a life insurance product, no matter how apt it might be.  But you can certainly have her try and sell one to someone who then has an "accident" if the intent is humor.  That's perfectly fair.

If I were making content for sale I would not use any photo that I didn't have digital rights for but even there it's tricky, as to what "rights" are being sold.  Most are sold "as is" and will not allow substantial modifications (and I would view making a 3D head out of them "substantial").  So the bottom line is -- if it involves money, be very, very careful.

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Alienware Aurora R12, Win 10, i9-119000KF, 3.5GHz CPU, 128GB RAM, RTX 3090 (24GB), Samsung 960 Pro 4TB M-2 SSD, TB+ Disk space
Mike "ex-genius" Kelley

Thank you for responding to my question. I guess my question is:  When it comes to Reallusion's policy, do we have to own the rights to a photo that we are using when making heads that we are selling on the marketplace? 
I mean, if i were to come across a character for sale and saw it was created using my face that someone came across online, and they were making money on it, I would feel that it would not be right.

Only someone from RL can answer that and, of course, you've posted in the right place.  Hopefully someone will come along here.

(But your question is at the heart of what I said -- I don't think that even if your image was "for sale" that it would be fair use to create a digital head from it, unless that was specifically part of the rights being sold.  But I'm no lawyer, although I *have* played one on TV.  Seriously).

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Alienware Aurora R12, Win 10, i9-119000KF, 3.5GHz CPU, 128GB RAM, RTX 3090 (24GB), Samsung 960 Pro 4TB M-2 SSD, TB+ Disk space
Mike "ex-genius" Kelley

LOL your awesome.  🤣     thanks for your insight! Ill wait and see what RL thinks ☺️

Hi Dorothy

The Reallusion Marketplace is a content sharing (free/trade) platform for all Reallusion members.  The content provider (vendor) must observe the Reallusion Content Developer Agreement, and ensure that the content is the vendor's original work for which the vendor has full right and power to enter into and perform this agreement. In regards to 3rd party images, they must also have secured all third party consent necessary to enter into this agreement.  Therefore, if any content that is published in Marketplace is considered copyright infringement, Reallusion will take down that content once we receive a copyright infringement notification from the copyright owner. 


                                                                

Peter
Forum Administrator

www.reallusion.com

Thank you for the clarification.