Let’s talk Terms of Use and Licensing

So recently I was accused of violating the terms of use and licensing for a site that I get 3D models from to use in my programs. Originally when we had another site up, we had purchased a license allowing us to use the models to make 2D and 3D objects and sell them. That apparently ended when we decided to close the site and the license that was attached to the site was also terminated at that time. So technically yes, I was violating the terms of use only because we had no idea the license was attached to the domain and would end when we shut that site down. No biggie, we’re back on track and now know how to get the right licenses, it’s actually easier and cheaper than before !!!

Now, that was all brought on by some bully who claimed I was using game rips, something I don’t know how to get or use, and that I was violating all kinds of laws, terms of use, etc.. Again, I know what game rips are, but don’t touch them because they are typically so low poly that it takes way more work to make them printable and look good than they’re worth dealing with. I would honestly be better off making it from scratch myself. But he claimed that the gear I put onto one of the Daz3D Genesis 8 models was all ripped from some Call of Duty game. For starters I think I have 3 games on my computers, Diablo III, Battlefield 2142, and Secondlife ( haven’t actually been in SL for a while now ).

Anyhow, I’m over that and have things straightened out and know what license I need for what models, and how to get and pay for them. Besides purchasing licenses there is a thing called the Creative Commons that governs a lot of the files you find on the internet. Here’s a quick snapshot from a post on Thingiverse showing the terms of use that the objects creator has for using his/her model: https://www.thingiverse.com/thing:5790661

For what that means we need to follow the link in that which leads us to: https://creativecommons.org/licenses/by-nc/4.0/

There we can get a more detailed explanation of the terms this owner would like his object used by. The big thing for me when I look for models is the commercial or non-commercial icon shown above in a circle with a line through is over the dollar sign. This one means it’s for non-commercial use and you can’t print it out and sell it or offer the files for sale. This is very important to observe because there are places that will hunt you down and hammer you with a cease and desist order.

For an even more in depth reading and understand the Creative Commons, you can visit this link here: https://creativecommons.org/licenses/?lang=en

As I said, the biggest thing to look for is whether or not the item can be sold or not. If it can be sold then you just have to look at things like attribution, does the creator want to be acknowledged or not??? If you’re just getting started on things then I HIGHLY suggest you bookmark the above link so you have a reference when you see the symbols.

That being said, not everyone uses the Creative Commons licensing, some people prefer to just say “all rights reserved” and that’s that. Which is one reason the Creative Commons were created was to protect the work of the creator but still allow for it to be shared, modified, etc.. This sort of thing is very important if you’re trying to spread the word about a project you’ve been working on and want others to enjoy it but don’t want them making money off your work. That’s where the non-commercial bit comes in. Regardless of where you get your models from, there is going to be some sort of license attached with them detailing just what you can and can’t do with the models.

Now not everyone uses those exact icons depicted on the Creative Commons website, let’s take a look over at Cults3D and see what theirs looks like: https://cults3d.com/en/3d-model/architecture/qushla-clock-tower-baghdad-iraq

Looking at this model, just a random one I picked off the front page, you can see that Cults3D has a specific area titled Licenses and the symbols are there, just little and somewhat different.

In this case, the model is free to use for yourself but you can’t sell it nor can modify it and post it for free or sale. There’s also the non-commercial attribute which means that you can’t even sell the original model. Basically this model is something you could print out for yourself and put on the shelf or maybe even just give away as a present. You cannot however, say “Hey, I have this model and you can have it for $5.00” that’s commercial, you’re making a profit off the work of someone else. This particular instance also has the Attribution attribute which means that whatever you do with the model you have to give credit to the original creator of the model.

Here is a nifty little chart that you can look at to gauge the differences in the various icons and what they mean you can do with them:

So for the moment I’m going to stop there and hit the sack, it’s been a long day and I work tomorrow so I have to get my beauty sleep… you can’t stay this ugly with no sleep, it’s hard work !!!

02-13-23: Continuing our little talk about terms of use and licensing

As of now I have gone over the Creative Commons licensing and what it governs, let’s take a look at a more direct approach over at Daz3D.

Daz3D.com is a major resource center for people who use the models they get there for a wide range of things including video games. There is also a LOT of content there suited specifically to their own software Daz|Studio as well as Poser. Both of these programs allow you take a wide range of base figures, add clothing, props, scenery, and more in order to create your own 2D or 3D image or model. Now that statement right there is the lead in to the various licenses that Daz3D offers.

If you head on over to: https://www.daz3d.com/daz-licenses you will see there are 5 different types of licenses. I’m not going to go into each one because you’re on that page and can click on each of the license types and read more about them. You will notice that while each license covers a specific area, each one also overlaps the others to create a robust form of licensing while at the same time allowing users some freedom in what they do with the projects they create with the assets they purchase from Daz3D.

What makes the entire Daz3D platform so interesting is the sheer volume of items you can purchase or get for free, which gives you an endless amount of combinations and flexibility in your designs. In a nutshell, you can get one of the Genesis figures and purchase or download some free outfits for it. Once you’ve got it all dressed up you can then put your new dressed up character into a wide variety of poses increasing the already limitless combinations available. This has all evolved over the past several years since 3D printing has become a mainstay for many businesses including online stores offering model downloads, to brick and mortar stores offering actual prints of models. From what I have been reading over on the Daz3D website is that in regards to 3D printing, you can make the files for yourself and print them out for personal use.

This is where I got myself in trouble. I didn’t keep up with the times primarily because of work and surgeries. When 3D printing first came about as a viable home based money maker, the original stance that Daz3D had was that so long as you removed all the rigging and locked the model into a form that could not be broken up and allow those who didn’t purchase the model to use it. It was simple enough back then, however, things evolved and with it, so did the terms of use and licensing.

As I said, I don’t want to go into too much about Daz3D because they have their licenses on the page I referenced above. If you are a user of Daz|Studio, Poser, or any of the other programs and use their content, check those licenses and if you have questions, call them or post on their community forums.

So if there’s all these licenses and terms of use out there limiting what you can and can’t do with models, how do you get around them? Simply put, you don’t. Trying to work around a license or terms of use will only get you in trouble, it’s better to adapt to those terms and think outside the box.

Which is right where I am at now. I want to make some models to sell but can’t do it with Daz3D products, where can I go ??? For starters, as it pertains to my needs, there is one model out there that is a 3rd party creation named Apollo Maximus. Apollo can be used in most, if not all, of the 3D programs out there and offers a very wide range of clothing, poses, props, etc.. The problem with Apollo, is that his creator no longer supports or updates the model. This is “okay” and I can work around it to some degree by creating my own clothing, poses, and accessories. Not everyone is able to do that though. Not everyone wants to use people for their projects either.

Another viable source that offers a variety of licensing and terms of use is TurboSquid. TurboSquid is perhaps the single largest mecca of 3D models and assets on the web that doesn’t deal solely with humanoid models. It’s here that can find models for tanks and planes, boats, animals, and so much more. The problem with TurboSquid is that you will pay a heft premium for the models offered there, but in most cases the cost is worth it as their quality if beyond reproach.

Similar to Daz3D, TurboSquid has broken their licensing up into groups that correspond to the different markets their products can be offered in. https://blog.turbosquid.com/turbosquid-3d-model-license/. If you read over all of their groups you’ll see how similar they are to those offered by Daz3D, the difference is in how detailed the groups on TurboSquid are. If you scroll down some you can click on the 3D printing license and you see something quite different than what is offered at Daz3D.

While these are just a couple of the sites out there, I chose them because they represent the largest collections of 3D models available. This doesn’t include Renderosity or Renderotica ( the adult place and definitely NOT SAFE FOR WORK ).

Now we know that the content is bound by some form of licensing or terms of use, where do we go??? Well downloading torrents is not the way, just because you circumvent purchasing the model(s) does not mean you are free to do what you want with them. Wherever those files originated from is where you need to go in order to find the licenses and terms of use offered.

Ultimately there are three routes you can follow:

The first being, create the models and assets yourself. This is what I do for a lot of the vehicles I create. For me vehicles are a hell of a lot easier than people. It’s also easier to essentially copy a real life vehicle than it is to try and model a person. By “copy a real life vehicle” I refer to the ability to basically take all the measurements for a vehicle, adjust them to your desired scale, and make the model yourself. Once you have made the model, it’s yours and you can set the terms of use however you like, you’re even free to sell it or give it away. By far this would be the best option if you can do it. While there are a ton of free programs out there matched with a never ending supply of tutorials on YouTube, there is still a major learning curve and of course, the time involved in learning how to make your own models.

The second option is to hire someone to make the models for you. Here you can negotiate the terms of use for the finished model with the designer. I have a gentleman I use for just this purpose when something is too “organic” for me or I simply don’t have the time to make the model. I’ve had several models made for me including the Mil-Mi 24 Hind A and D which we negotiated that I was allowed to sell the 3D prints and he gets to sell the 3D model files. This works out well for both of us as we can both generate income without bumping heads online or at store trying to sell the same model. Although he has not asked for it, I do give credit to him as the creator of the model because it’s just the right thing to do plus it helps him get more projects to do.

The final route is to simple say “fuck it” and go rogue. Do whatever you want and not care about licensing or terms of use at all. Download the models from virus laden sites, run illegal and unlicensed versions of the software, and just do whatever the hell you want. This however does come at a price because eventually the laws will catch up to you and it usually comes in the form of Cease and Desist Order telling you to stop what you’re doing or face additional legal action. This option is the most costly of them all however. Just because you want to model some sexy women, you’re risking legal fees and imprisonment when all you had to do was get a free model from Daz3D, some free poses from any number of sites, and pay the $1.99 extra for the 3D Printing License at Daz3D. It can really be that simple, and best of all, Daz|Studio is free to download and use so no need for hacked software. Ultimately though, just buy the stuff, it’s far cheaper in the end, you get support for the products, and support using them in the forms of various community forums.

So there we have it folks, Terms of Use and Licensing in a nutshell, and by no means a complete comprehensive legal brief on the matters but it does make a healthy primer for those who might be just breaking into the arena of 3D printing models.

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