Mass Distribution Rights clarification


https://forum.reallusion.com/Topic375116.aspx
Print Topic | Close Window

By gymnast1979 - 8 Years Ago
Hello.

My first post here.  I've been looking at all the amazing features Reallusion software has and we're considering purchasing a lot of their applications. 
I was reading the content license pages and I'm a bit confused, hope someone can please offer some clarification.Basically we want to create a video
show that features 4 characters, we are considering creating these characters using apps such as iclone /character creator etc.
We want to either create them from scratch or modify some of the included characters in reallusion library or buy assets from reallusion marketplace
and make the characters look like how we envision them for our show. Down the road we want to create video games with these 4 characters as well.

My question is do we have the right to commercially distribute and sell our show and video games online that includes 3d models created with reallusion software?
Or do we need to pay a royalty or license (export license fee aside)? My understanding is that we do not however upon reading this bit on the site:

https://www.reallusion.com/ContentStore/Royalty_Free/index.html
"Mass Distribution Rights for Exported 3D Content If the 3D Content (mesh, motion) you have purchased contains an Export License,then Reallusion
grants you a non-exclusive, worldwide, royalty-free license to export this content via 3DXchange into .fbx, .bvh, .obj, .abc, or any other 3D file format.
You may then embed the converted content into games and applications that are for personal,commercial, industrial, or educational projects. These 3D
Content must not be available for public download or use, regardless of whether or not they are paid or free. Reallusion content itself may not be
repurposed and resold in an external content library regardless of format, under any circumstances. “

I'm confused. It says you can embed the converted content into games and applications that are for personal, commercial uses etc.but on the next
paragraph it says the opposite? "These 3D Content must not be available for public download or use, regardless of whether or not they are paid or free.”
If anyone could please help me better understand these pointers I'll be very appreciative. We are looking into buying the $2000 suite downright that
includes most of reallusion software bundled but first we need to be sure we'll be free to sell and distribute our show and video games we'll create with
them. Otherwise it may be a deal breaker at this stage.

Thank you in advance for your help.Kind regards
By Peter (RL) - 8 Years Ago
Hi...

You only require a FREE mass distribution license if you plan to use iClone content in a commercial game or application. Note: You can't under any circumstances resell or share the actual models themselves.

So apart from paying for the export license version of any content packs you purchase, there is no further remuneration required. :)
By gymnast1979 - 8 Years Ago
Hello Peter,

Thank you so much for your reply.

I understand now about the usage of video games or applications I need a mass distribution license, cheers.  :)

Just to further clarify a bit. We already have the 4 characters as real life puppets, we'd like to use Reallusion
software and models and modify them enough so they look like our current puppets but in cgi. 
Once we accomplish this, if we use these characters on a series of videos for youtube, (or DVD format), place their images
on our website, etc, does this count as mass distribution?  How about if we do t-shirts, mugs, hoodies etc for sale with said
characters?  Or for these usages we can skip the mass distribution license?

I appreciate your help and clarification. We're at a point where we really need to be sure of where we stand before
committing thousands of dollars and man hours to a project that could end up in a copyright dead end.

Thank you
By Peter (RL) - 8 Years Ago
Thanks for explaining more. 

If your mass distribution plans fall outside of games or applications, then I would advise contacting marketing@reallusion.com for clarification. I don't see any problems, especially if the characters being used are your own custom characters, but our marketing department will be able to clarify the correct steps to take. 
By gymnast1979 - 8 Years Ago
Thank you Peter.  I contacted marketing@reallusion just waiting for their reply. :)

Kind regards
By jose_55 - 8 Years Ago
Hi Gymnist,
I was actually looking into this. Any chance you can share the answer you received (or when you get it) on this thread?
Especially the part of modifying an existing model and creating merchandise/youtube shows as a base.
Thank you
By jose_55 - 8 Years Ago
Hi Gymnist,
I was actually looking into this. Any chance you can share the answer you received (or when you get it) on this thread?
Especially the part of modifying an existing model and creating merchandise/youtube shows as a base.
Thank you
By Delerna - 8 Years Ago
Yes, I would like to see the response you get from marketing too if you don't mind.
As I understand it, and I hope its right? Also when I state something I try to use simplified non high level wording so it make sense to many people. Whether that works or not ????

1) Make your own complete character in a 3D modeller like Blender, import it into iClone through 3DXchange and use iclone to create your own animations with iclones animating tools and not any animations that come with the software or you have bought. This model is totally yours and you can do whatever you want with it. I hope that is correct.

2) Use any characters, clothes, animations that are purchased from reallusion's store or from the marketplace (even CC characters) without paying export pricing. You are completely free to sell any videos you make in iClone using them but that's all. Only the videos itself. You can only use the characters in your own iClone  software. Cannot use them in game engines, nor in 3D modelling software like Blender and you cannot sell or share the models.

3) Use any characters, clothes, animations that are purchased from reallusion's store or from the marketplace (even CC characters) and pay the exportable price for them. You can use them in games that you sell. You can export them to 3D modellers to adjust them and then import them back into iClone or CC. But you cannot sell the models themselves. Just Games or videos that you make using them.

I think that's right but I am not 100% sure of all of it so it would be good to hear confirmation
By Delerna - 8 Years Ago
One more point I forgot with the 3rd point.
If you buy exportable objects and you export and modify them in 3D modellers like Blender and bring it back to iClone or CC.
Then if you have modified them reasonably enough then you are allowed to sell them in realusions marketplace only, they can only be sold for use in reallusions software.  (or in their store if you lucky enough to have your modified model chosen by them)

Also, they will appear in the marketplace as a derived content. Meaning people will need to buy (or already own) the original model/models that you modified in order to use your modified version
By jose_55 - 8 Years Ago
Thanks for this info. Very good. I read somewhere that merchandising based on models purchased are limited an XXX amount of units I assume prints, paper replications, imprints or mold figures, as a whole but not sure.
By 4u2ges - 8 Years Ago

What about DAZ figures. Now that CC3 would convert them to CC format, they could be saved with various .CC* extensions. Apply enough morphs, amend texture/materials, apply mixed cloth (CC/DAZ), some accessories and nobody could tell it was a DAZ character. Is the resulted character would be constituted as a CC or DAZ character?
By Delerna - 8 Years Ago
Excellent question 4U2GES
I gave up on DAZ when CC enabled us to make our own contents, not because of their quality. Rather it was because of their useage rights within CC and iclone. I believe we can only use them for personal use????
I like to create contents and sell them in my marketplace store if I like the results. I don't believe that is allowed with DAZ so as stated, that's why I gave up on them. I stick with iClone and CC only so I can put what I do in my store.
By gymnast1979 - 8 Years Ago
Hello guys.

Here is the reply from the marketing department:

"Thank you for contacting us about this question. 

With Reallusion software and content, you are allowed to create commercial videos and images to sell as our content is 100% royalty free. 

So rest assured that you and your team can the characters to make videos and images which you will own. 


What is not allowed is for users to try to resell the character files. (original or modified) on 3rd party websites. 

If you convert the characters and embed them into a video game, then you are allowed to sell your game with our characters as part of the entire package.  Just as long as our characters are not freely available as is. 


According to our original content EULA, you do not need the Mass Distribution rights for videos, images, t-shirts. 

You only need it if you are going to incorporate our 3D characters, rigs, topology and meshes inside your video game platform. 

So you are free to move ahead with your project without any worries. 


We would love to give you some free exposure once your projects are published. 

Feel free to get back to me with any links or images of your products so that we can share on social media. 


                 cheers,

                              Enoc"

By jose_55 - 8 Years Ago
Thank you gymnast!