Right. But "freelancer" means "work for hire." It _does not _ mean, "independent business owner selling their product en masse." It's totally different, even to the point of licensing. When you are a freelancer, you sell your labor. Any items you make aren't your own copyright. The copyright belongs to whoever hired you (see "work for hire"). As a result, it would be really, really problematic for the MD company to go after those people, because they might not even be aware of how or what you use to make content for them. Frankly, you might be contracted out to a company that then sells your services to another company, that sells that work to a third. Trying to get beyond the freelancer, who's only making and selling one copy of any outfit, makes no sense. And since freelance modelers are usually brought in for a whole lot more than clothes, MD is unlikely to get a whole lot out of pushing for the price of two or three outfits out of a huge amount of character and prop design. It would just be problematic all around.
Now consider the case where the individual _business_ owner is selling outfits at a brokerage. The copyright belongs to the vendor, and _all_ of the money from their item probably comes from MD made stuff. That item isn't sold once, but a potentially enormous number of times. Maybe that one outfit will make tens or even hundreds of thousands of dollars if sold at the right place and given the right promotion. There's no cap.
"In the development of Work Product for a person or entity other than yourself (“ your Customer ”), if you are working as a contractor and need to share CLO Virtual Media with your Customer, or any third parties working with your Customer, sharing CLO Virtual Media is allowed, subject to the restriction that all parties may use CLO Virtual Media only for your Customer’s particular Work Product and for no other purpose. For all other use by any party, CLO Virtual Media must be purchased again from CLO (for a fee or otherwise) to create a new license agreement governing that use."
Right. But when you sell from a brokerage, that is _not_ for a particular "Work Product." It is sold for an wide range of uses with an infinite number of projects. That's for renders in any number of video games. That's for renders for any number of prints and posters. That's for renders to make _any number_ of commercial products. And that's for _each of your customers_. I mean, look at Vicky. How many different products is she in? Even just per customer?
So really, that makes it clear that you _cannot_ sell an item, but can sell your labor. In short, work for hire good, selling a single item to infinite people for infinite uses each bad. The only reason I asked was knowing that people in this community who said they were doing exactly what this said was forbidden, and selling MD products to customers for multiple "Work Products."
In point of fact, selling 3d content rather than doing work for hire for a game or a movie or a magazine ad run is really niche and specific in the professional 3D world. While it almost never makes more than a pittance of money per item, it has the ideal potential to make any amount of money. It involves many, many copies, and now DAZ and Renderosity have gone the way of most 3D brokerages and started selling items as fully royalty free (what we call game licensing). I haven't seen too many companies address this issue specifically. MD has had a relationship with DAZ, so I figured they would have a policy.
And when I asked about that policy regarding the specific use of selling clothing at 3D brokerages like DAZ using the Personal License, quite explicitly, I was told in no uncertain terms that I would face legal repercussions if I violated their licensing. Which isn't directly a no, but sure points to it.
There's a reason that when Vue came out with their plant making app they decided to force anyone selling the plants individually to sell the full editable source version (royalty free licensing) on their site for only up to 50% more. Meanwhile, freelancers can use it in projects anyway they want. That makes it pretty damn worthless for individuals to do anything other than work for hire with their tool. Which means that people who need plants will probably never look at their tool and decide it's cheaper just to get a bunch of quickie made plants from some seller on TurboSquid. I wouldn't be surprised if the MD people had the same concern over a market glutted with basic clothes people could edit to fit multiple projects that might make their software unnecessary for average users.
So according to the rules for using MD under an Independent license I'm allowed to sell as an individual but then if I'm going through a brokerage like Hivewire does that break the rule or no?
