Legal use of models

[WhiteHorses]

I read the EULA, but it is not clear to me how models and other content from HiveWire 3D can be used. I don't want to do something wrong. e.g. I wrote a story about a musical ride on my horse and was thinking of creating a YouTube video using the HiveWire horse as the basis for the images. I was going to pose the horse for each scene. Is this allowed?

I was also thinking of using various animal models from HiveWire to create products to sell, like tee shirts. I noticed that there was language in the EULA about commercial licenses, but I did not see a way to purchase a commercial license. How is this done?

 

[Satira Capriccio]

YouTube video / animation would be covered under 3.i as rendered imagery (still or moving).

I believe 3.ii covers your question regarding using HiveWire animals to render art that is then sold on tee shirts (or in books, as book covers, posters, coffee mugs, etc.).

In both cases, you render the content as a 2d image and are allowed to publish/sell that 2d artwork.

I believe the commercial license is for using HiveWire content in games. In that case, they are using the 3d models rather than the results of a render.

BUT ... to be absolutely sure your intended use is within the EULA, you could use the Support Page.

II. LICENSE AGREEMENT BETWEEN SELLER AND USER
A. License Grant for transmission of Content from Seller to User For any transmission of Content from a Seller to another User, whether the transmission was the result of a license or free download, the following terms apply unless more restrictive terms are specified in the area provided by the Company for custom license terms:


1. OWNERSHIP. Unless explicitly provided for in custom license terms set forth in the area provided by the Company and which must be subject to acceptance by User before or at the point of sale, the Seller retains, subject to any license agreement between the Seller and the Company, copyright in Content purchased or downloaded by any User via the Company. In using the Company systems and Website, You agree that any additional EULA, license, custom license, or Seller requirements inserted into Seller products in any area outside that explicitly provided by the Company are invalid, void ab initio, to be treated as invalid and without effect as they relate to those purchases.

2. VALID LICENSE. Any license rights relating to Content For Sale via the Company are contingent upon the transfer of money from the User to the Seller. All license rights terminate immediately and without notice if a sale is reversed for any reason.

3. RIGHTS GRANTED. The Seller grants to the User who either purchases license rights to For Sale Content via a Valid Sale, or downloads freely available Content submitted by the Seller, a non-exclusive, worldwide license in any medium now known or hereinafter invented to: (a) promote, publicly perform, publicly display, digitally perform, or transmit for promotional and commercial purposes; and (b) use the name and likeness of any individuals represented in the Content only in connection with Your material. The User license to Content in this paragraph applies to standard For Sale Content. Any sale, posting, sharing or republication, including sale or distribution of Content is prohibited. For illustration, approved distribution or use of Free and Content includes, but is not limited to:

(i) as rendered imagery (still or moving).

(ii) as Content published within a book, poster, t-shirt or other item.

(iii) as part of the creation of a not-for-sale, not-for-distribution physical object such as a toy, doll, or model made strictly for personal use by the User.​

 

[Deleted member 325]

I am not an admin or Staff member but, having done a lot of art and my own copyright work over the years I think I can help.
Yes you can use Hivewire3D figures in software to generate either a series of still images used in a slide-show style video, or for an animated sequence or animated work for both personal or commercial work.

You may use the figures in scenes to create 2-dimensional imagery (often referred to as a render) which you apply or print to posters, calenders, coffee mugs, refrigerator magnets, t-shirts, etc... for personal or commercial use.

Commercial licenses would be necessary for the creation of material, media, or content that either makes direct use of the 3D mesh/Figure, it's rigging, or to possibly to create 3D physical commercial content from the model.

In short, any final image or 2-dimensional depictions you create with the models you hold the rights to use as you will with possibly the notable exception of creating 2-dimensional resource kits (Tubes, brushes, clip-art) for free or commercial use that involve just the single mesh from various angles and would provide a graphical benefit of the mesh without the need to purchase it (this I think we would need to hear from someone more officially on).

 

[Alisa]

Hi, Whitehorses, and welcome to HiveWire!

Satira and KageRyu have explained well

The commercial license is for when someone is actually going to be using the 3D mesh itself, as they've mentioned, in, for example, creating games.

The regular licensing allows you to do most things like creating and selling textures for a product, 2d images, putting those images on tshirts that you sell, making videos that are created in a program like Poser or DAZ Studio, etc.

What is key is that you don't include anything in whatever you are selling that either includes or allows someone to extract the model's geometry or the texture maps (with the exception of products that allow you to use the texture maps as a Merchant Resource, in which case you need to make some significant changes to the map in order to include it in your products. You need to look at individual Merchant Resource terms of use carefully - many, for example, do not allow them to be used to create free texture sets.)

If you have any specific things that you're unsure about, I'd recommend sending an email or private message to Chris or LisaB and they can help...or post here and I'll alert them to the thread.

Hope that helps!

 

[Pendraia]

Welcome to the Hive Whitehorses...

 

[Catherine3678a]

I am not an admin or Staff member but, having done a lot of art and my own copyright work over the years I think I can help.

... edit ...

In short, any final image or 2-dimensional depictions you create with the models you hold the rights to use as you will with possibly the notable exception of creating 2-dimensional resource kits (Tubes, brushes, clip-art) for free or commercial use that involve just the single mesh from various angles and would provide a graphical benefit of the mesh without the need to purchase it (this I think we would need to hear from someone more officially on).

Hmm ... well it seems to me that over the years I've encountered a number of posts indicating that people most certainly can make tubes, brushes, clip-art, etc. using 3D models they have purchased ;-) I'm not a lawyer or staff either. Now whether that's a matter of difference between companies or not I do not know but the graphic artists shop at several stores.

 

[Miss B]

I've seen notes in ReadMe files that specifically state NO tubes, brushes, clip-art and the like, so it may not be a store-wide issue, but is most likely an individual vendor issue.

 

[Catherine3678a]

I've seen notes in ReadMe files that specifically state NO tubes, brushes, clip-art and the like, so it may not be a store-wide issue, but is most likely an individual vendor issue.

Hence the importance of reading those readmes ;-)

 

[Ambassador]

These license stuff is always a very difficult thing...

What about modding ? Im modder for a game and all those mods are free and not for sale mods. Would it be allowed to use the model as content in a mod wich is non commercial ?? In my eyes this is a kind of "rendered" content since any source is not available for other users... But more important is the NON commercial part since the game itself doesn´t allow to make profit with mods, they are forced to be free...
And below is also only the commercial use me mentioned.

Commercial licenses would be necessary for the creation of material, media, or content that either makes direct use of the 3D mesh/Figure, it's rigging, or to possibly to create 3D physical commercial content from the model.

 

[LisaB]

to the @Ambassador

If the 3D mesh or its rigging cannot be extracted from the mod then it is okay to do. You described a scenario where the mods are 2D rendered images which are yours to do with what you wish - free or for sale.

 

[Ambassador]

Ty for the warm welcome <3

Ya the reverse extraction is not possible so the user of the mod has no possebility to get the mesh or either the rig. It would be made with Unreal Engine and for that i would do the Rigging and Animations anyway completly new and by myself bcause it needs a specific layout to be "playable". The Mesh and the Textures would be used basically. Sry for bothering but im german and these english license terms are kinda hard to understand for me in the real correct way... by googeling i found many different interpretations and i just wann make it sure. The game itself is ofc 3D. If this is limited in 3D how much would be a license wich covers this kind of use ?

 

[LisaB]

In general, the license gives you permission to do what you want with 2D rendered images or output such as animations.

A license that grants you permission to use our models and rigging in another application where the user also has access to the models and rigging would be negotiated on a one-to-one basis. In short, we do not have a set price for allowing our models to be used in this way. It is something that is determined by how you intend to use the models.