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Creating model for client question

Posted By nightmarecourtpictures Last Year
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nightmarecourtpictures
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The EULA states that with a standard license, we are allowed to create models, to sell to clients that can then use the model "for imagery use" in their creation like a film or image.

My question though is that...if the client violates their restrictions...for instance if they take the 3d model and distribute it to a public library...what happens then? I am writing a clause
in my contract which states that the client is forbidden from redistribution of the "work product" (the 3d models), and that if they violate the clause, then they will take full liability
and grant me immunity from legal action taken in such an event...

but can I guarantee that Reallusion won't take legal action against me rather then the client even though they redistributed the work product?

Looking forward to your replies.
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Last Year by nightmarecourtpictures
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If I understood it correctly you cannot sell a character based on the Reallusion CC characters with only having a standard license. You would need an enterprise license.
nightmarecourtpictures
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So the Eula (https://www.reallusion.com/Content/EULA/EULA.htm), and the FAQ state this:

FAQ:

Kindly refer to our AP EULA to check point 5. 3D Models Limitations:

The unique topology of characters generated by Character Creator (Reallusion 3D Models) is Reallusion’s property. You shall not do the following applications unless getting explicit permission from Reallusion:

5.1 Transform Reallusion 3D Models into any other 3D formats, distribute them, or sell them in any third party marketplaces or applications.

5.2 Use the characters or their morph assets to build up another character generation system in games or interactive services.

You may only sell the Reallusion 3D Models created by you in the Reallusion Content Store and Reallusion Marketplace (see the Reallusion Content Developer Agreement).

However, if you are selling the characters directly to your customers by projects without selling characters on third party marketplaces, then it is allowed.


EULA: 

2.1 STANDARD LICENSE.

        1. License Granted.

          (A) You may use the Content to copy, adapt, or generate your creations, and provide, sell, and redistribute your creations with full ownership and use rights in Image or Video file formats (“Imagery Use”) in accordance with the output guidelines in this Agreement. The Imagery Use includes using the Content in news, films, movies, television programs, video projects, multimedia projects, theatrical displays, software user interfaces, architectural renderings, games, virtual worlds, advertising, and publication.

          (B)Physical Form. The Imagery Use includes 2D and 3D print in physical form, such as packaging materials (e.g., boxes, stickers, and so on), books, caps, t-shirts, 3D-print, etc. The 2D printed physical products are permitted for commercial purposes. Any three-dimensional art derived from the Content is permitted only for personal use.

          (C) Made for Client. You may use the Content in a project which is created for your client, and your client may use the project legally for Imagery Use and in Physical Form.

I highlighted in bold, the relevant information in both sections.

My understanding is that you can sell the character to a client, and they can use that character on a imagery use basis, imagery use includes virtual worlds, games etc...I'm also assuming that when they say "use content in a project" that they aren't referring to us using characters, putting it in a project to which we then sell the project to a client, because you don't exactly "sell a whole movie" to a client as a modeler. The client is the one with the project (ie the movie) and one who typically would be using CC...the modeler...sells the character for them to use in said movie, typically where animators and whoever else is involved in making a film, would be using the model.

So long as the character is not placed onto a public library, this is fine, and the wording suggests this. 

I assume this interpretation is correct because the extended license, says pretty much the same thing :

2.2 EXTENDED LICENSE.
      1. License Granted.

        (A) All exportable Contents with a Standard License can be used for a game, APP, or AR/VR project, except CC Component contents. If you use a CC Character in a game, APP, or AR/VR project, which is created by CC Components, you will be required to purchase the Extended License for these CC Component contents. All available CC Component contents are specified on each product page of the Reallusion's Stores.

        (B) Member may purchase the Extended License to get the following licenses:

        1. Standard License.
        2. To use a character made by CC Component content for any game, application, or AR/VR project. You may include the character in your game or APP in a way that the model may be manipulated or interacted with.

        (C) Made for Client. You may use the Content in a project which is created for your client, and your client may use the project legally for Imagery Use, Physical Form, game, APP, or AR/VR project subject to Article 2.2.A.

Where the only difference between the standard and extended is that "games" are included in the kind of project. Obviously, even in extended license, the person using content creator, isn't also making a whole game for a client, they would be modelers making models for clients who are making games. 

Unless there's a massive disconnect between how companies work, and Reallusions policies...I would go with this interpretation, but it would be great if someone from realussion could clarify both the Original Post, and what was said here.

Edit: Btw i just realized you said enterprise license and not extended license. 

I also read this in one of their FAQs:
  1. Q8. As a contractor who uses Extended Licenses for work, what rights are extended to my clients?

    Clients are also covered under the contractor's Extended License agreements without making additional purchases. Under these agreements, clients have the right to use export files of Extended License content (in fbx, obj, usd, and other proprietary formats), and they can use the content for games, XR, and apps. However, clients aren’t allowed to republish licensed content for sale in online stores, in-app purchases, character creation, etc. iContent/ccContent are still DRM protected, so clients will need to purchase the source content to edit the contractor’s projects in CC or iClone.

To me this reads : Clients are allowed access to your export files, and even though this says extended license, this also applies to the standard license (so long as it's not a game, but under the imagery formats they specified)...and this loops back to my original post, which is what happens to me (The contractor) in the event the client publishes the content in an online store. If I have a clause in my contract that forbids them from doing this, does this guarantee Reallusion will in the event of a court case, sue the client and not the contractor.

Edited
Last Year by nightmarecourtpictures
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"Imagery Use" includes ONLY image and video file formats. Not exported 3D models!

If your clients only needs images and videos for their projects the standard license is fine.

If the extended license is enough, that's fine for me. That's cheaper than the enterprise license. As far as I understood it you get the ownership of the character you create if you pay for the enterprise license. So in that case, you can do with it, what you want. 
nightmarecourtpictures
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Look, I just disagree. The FAQ clearly states that clients (at least under the extended license) are allowed to use the models exported formats (for image and film). The language of the extended license, is pretty much identical to the standard license (where the only difference is that the extended license is that in addition to image and film, can be used for games and VR)

Why do i think this applies to both licenses? Look at this language:

Under these agreements, clients have the right to use export files of Extended License content (in fbx, obj, usd, and other proprietary formats), and they can use the content for games, XR, and apps.

I bolded, and underlined the following words : "these" and "agreements" because its referring to not just the extended license (it's plural).
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Last Year by nightmarecourtpictures
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I think it is worded in a very specific way.

The EULA talks about 'Content' (the stuff made by Reallusion), your 'Creation' (what you create with it), a 'Project' (what you use your creations for), and the client can then use the project. It didn't state that the client can use the content or creation, only the project. I don't think that an exported character qualifies as a 'project'. A project is probably something more like artworks, videos, games and apps made as a commissioned work. But I'm not sure about that 

I don't understand why Reallusion didn't answer your question. Have you asked them?
Edited
Last Year by Sophus
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Sophus (9/17/2023)
I don't understand why Reallusion didn't answer your question. Have you asked them?

Indeed, it is best to contact Support for issues like this. 

Peter (RL) usually comments, maybe he didn't notice this thread.


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Today i opened the Reallusion hub app and found out there was a license agreement message to accept. I remember last time i checked (months ago, possibly last year) the standard license was only for video and images. Now after reading through this updated license agreement i'm confused again. I may be dumb, but this is what confuses me most: since the word "games" is mentioned in both standard and extended license, I just don't understand if i'm fine with the standard license if i make a game that uses models that i created starting from CC base software and then modified with Blender for example.
Any help that i could get enlightment from would be greatly appreciated.
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It means that you can export 3D assets with a Standard License (and use them as indicated) , expect for assets that are based on Character Creator content. For that you need an Extended License.



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Da_Drood
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Ok i'm dumb then. What would those assets be then? Isn't anything within the software based on CC content?
Edited
Last Year by Da_Drood



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