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Crapadilla wrote:
An excerpt from the MarketPlace License Agreement of Renderosity, with my emphasis added:
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To protect the Buyer: Buyer is hereby granted a non-exclusive, non-transferable license to use all of the contents of the encapsulating archive file. Artist maintains that all items in the archive are their original work, or are derivative works from something found, and verified, to be in the public domain. Artist maintains they legally possess the power to grant the Buyer this license for all enclosed materials. Buyer may use the materials in any personal projects or commercial projects, as long as the Artist 's work is protected from extraction and none of the items above have been violated. Buyer may make a single backup copy of this archive file, for personal archival purposes only. Buyer retains this license, even if the Artist stops selling this work at a later date, or decides to charge a different price. The Artist may only revoke this license, if it is shown that a Buyer has previously violated the terms and conditions above.
Correct me if I'm wrong here, but doesn't this mean that none of the Filter Library textures are permissible for sale on Renderosity (as long as they are not sufficiently modified, i.e. used in 'derivative works')?
When I generate a Result from a library filter, would that count as my 'original work'? And is it the case that filters on the library are 'public domain', making my render a 'derivative work', even if I did not modify it in any way?
Any enlightened perspectives from someone more versed in Legalese? |
By the way, way back when this all started, about a year ago, I asked this very question of Rendo's Copyright people, in their copyright forum. The answer was to the effect that since FF's EULA doesn't restrict resale of renders made from unaltered filter presets, and/or those made with a demo version, the 'original works' clause doesn't apply. (I don't really buy that explanation personally, but that appeared to be their official position) They sid something to the effect that, Original works restriction would apply if FF's EULA was little more restrictive about resale of rendered out presets. (I'm paraphrasing here).
After I got that answer from Rendo is when I got more active here about EULA change - and eventually gave up on it since nothing happened here in months and months and months.
