(Question) The question about the possibility to sell 3D works

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Offline ER2

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« on: May 04, 2018, 10:18:28 AM »
Hello!
The programme Mandelbulb3D is free of cost.

Can the works done with the use of it be sold on such websites as iStockPhoto, Shutterstock or anywhere else without any permission of the creators of the programme?

Thank you for Your reply.

Offline hobold

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« Reply #1 on: May 04, 2018, 10:58:04 AM »
I am not a lawyer. My comments here are not legal advice. They may or may not hold water.

That out of the way, there are broadly two different issues here:

1. The program. The programmer still holds copyright to it, but may choose to license its use free of charge.

2. The example image parameters included with the program. Those are also copyrighted by the respective creators, but their license can be very different from the program's license.

The usual legal view is that

1. The executable program is a tool. It performs the technical function of turning image parameters into images. The usual interpretation is that this technical function is not a creative act by the programmer of the software. However, the user of the software may have performed a creative act when he decided on specific image parameters (and the programmer has performed a creative act when he produced the software, but this applies to copying the software itself). In other words, rendered images are not considered to be derived from the software, but derived from the image parameters.

2a. If you simply render out one of the included parameter files, you are not, legally, creative. You merely triggered a technical function. In that case, the image's copyright still remains with the original creator of the parameter file.

2b. If you make small changes to one of the included parameter files, you may or may not, legally, be creative. It is a matter of interpretation how much change is required to qualify for that. In either case, the modified parameter file is a derivative works of the original parameter file. Both you and the original creator now share some fraction of whatever artistic value of the resulting rendered image.

2c. If you keep making more and more changes to one of the included parameter files, diverging further and further from the original, you may eventually reach a point where pretty much no one can recognize any resemblance between the two images anymore. The original parameter file has become pretty much irrelevant. Yes, it was the starting point of your journey, but you left it behind the horizon long ago. In that case you are legally the author, but it is common courtesy to name the original artist from which you learned and were inspired.

2d. If you start from scratch with a new parameter file, the copyright is typically yours (unless you wrote down something you thoroughly memorized - copies from human memory are still copies). However, if your resulting image bears too much resemblance to other existing images, you might get accused of plagiarism. :-)



So, long talk, little sense: if you are using a rendering program in its intended function as a tool, then the program's author cannot claim copyright to the resulting works. And as long as you don't use other people's parameters, those other people cannot claim copyright to the resulting works either.

Offline ER2

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« Reply #2 on: May 06, 2018, 05:34:39 PM »
In general, section 2c regards me.

I implement so many changes that my final image does not resemble the initial artist's image at all.
I often implement many changes in the parameters of my own and then mutate the image in the MutaGen section from 50 to 500 times! Then, I most often change the parameters manually..
I then search for unique objects or scenes.
Because I did not write this down - I do not remember which initial parameter file I used, not to mention which exact parameter file the previous modifying artist was using.
It happens like this - although my final image is nothing like the image from which I have started the modifications - it may, surprisingly enough, slightly resemble a totally different image of a totally different artist ;)

But I bear in mind that, after all, this initial parameter file, was not one of my own. Although I have left it far behind - it was indeed very helpful.

What do you think - can a work after all the modifications which I have described be sold in photo banks like shutterstock, istockphoto?
(of course, over there, you do not tell them in the title all that I am writing right now, or the source of the parameter file from which I have started the modifications, or how many hundred/thousand changes I have applied - what matters there are concise titles and well-chosen key words).

I know that you are not a lawyer, but I would like to know your opinion on this matter.

Thanks

Offline Bill Snowzell

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« Reply #3 on: June 23, 2018, 09:46:05 AM »
A bit late as I just noticed this post. Contact Hal Tenny he sells MB3d artwork, and also contributed to Marvel films for the big screen.https://hal-tenny.pixels.com/

Offline 1bryan1

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« Reply #4 on: June 28, 2018, 09:07:06 AM »
Once the work becomes 'orginal', having it based on a copyrighted image is moot.
Otherwise, the first person to copyright an image of a cube would be suing everyone with cubic images.

Offline micshac

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« Reply #5 on: June 30, 2018, 03:53:02 PM »
If you start from scratch with a new parameter file, the copyright is typically yours (unless you wrote down something you thoroughly memorized - copies from human memory are still copies). However, if your resulting image bears too much resemblance to other existing images, you might get accused of plagiarism. :-)



So, long talk, little sense: if you are using a rendering program in its intended function as a tool, then the program's author cannot claim copyright to the resulting works. And as long as you don't use other people's parameters, those other people cannot claim copyright to the resulting works either.

And if u make loadsa money, I'm sure you'll be able to make it right via profit sharing.... :yes:

Offline mdudley

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« Reply #6 on: June 30, 2018, 06:03:05 PM »
Seems that it would be no different than if you created a document using Word or another word processor.  Microsoft does not own the copyright to your document, and if printed out, even though you use their fonts, they still have no copyright claim.

Now if they provided a document as a sample and you made minor changes, then tried to publish it, that would be a problem.

Marshall

Offline Bill Snowzell

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« Reply #7 on: July 06, 2018, 11:14:28 PM »
The music industry was unable to control illegal downloading or  copyright for years they then decided streaming/downloading  was the way ahead for a fee and have done very well out of it. Some have used fractal software to produce 3d printing artefacts for sale not that this answers your original post as the online copyright laws seem very muddled.
 The Chinese manufacturing sector seem oblivious to any copyright laws. C:-)


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