PhotoDune

Question about copyright

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doru says

Example: I want to make a BMW 320 . Is this allowed?

Example: I want to make a Boeing 777. Is this allowed?

Example: I want to make a Mercedes-Benz SSK (year 1928). Is this allowed?

Example: Panzer tank, nuclear sub, mac computer, nokia phone, list go on.

so what’s allowed and what’s not?

I think its clear what I want to know.

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vibes35 staff says

I am sure you can use NO logo’s

Also, the item cannot resemble specifically the core features or be exactly the same.

I would suggest making it similiar without logos, key markings or details that set it apart as a specific item.

Keep generic to be safe!!

I have ran into this a few times here with items being rejected and then needing to be modified.

:) your models sound cool!!!

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OneManBand says

Yeah, this is going to be a big concern here in 3DOcean because when you think about modeling something, usually involves replicating something that already exists, and a potential buyer would be looking for a specific car model (for example), not for a “similar” one.

It would be nice to get direct feedback on this by the staff, clearly stating “YES” or “NO”.

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LanceSnider staff says

Vibes is right. You can’t upload exact copies. Companies like BMW have spent ridiculous amounts of money on their design and they do have the legal right to protect them. To protect Envato and the authors, we really can’t allow that, though this will be especially tough on the docean. Really, the same applies for anyone who buys these files. Without explicit permission, a game company couldn’t use an exact replica of a BMW either. Unfortunately, this will limit hte files that can be bought and sold here, but it’s a lot safer for everyone.

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doru says

I’m not questioning the envato copyright policies and I will upload items that respect this rules, but I’m really curios how about the competition marketplaces permit the authors to upload items that are exactly what we can’t upload here.

I will give the example of turbosquid, but a better example its 3d02. (if posting this names here break some rules, sorry :| ) They have 3d models that bear the logo and also are named after known brands, like Ferrari, BMW or others. I know those marketplaces from years and they always have this type of items. They broke copyright rules? And how nobody got to them? Is envato overprotecting, choosing the “you never know” road?

Just curios about it.

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LanceSnider staff says
I’m not questioning the envato copyright policies and I will upload items that respect this rules, but I’m really curios how about the competition marketplaces permit the authors to upload items that are exactly what we can’t upload here.

I will give the example of turbosquid, but a better example its 3d02. (if posting this names here break some rules, sorry :| ) They have 3d models that bear the logo and also are named after known brands, like Ferrari, BMW or others. I know those marketplaces from years and they always have this type of items. They broke copyright rules? And how nobody got to them? Is envato overprotecting, choosing the “you never know” road?

Just curios about it.

This definitely isn’t the “you never know” road. This is something Envato has studied and discussed with the lawyers extensively. It is illegal and the author could get in serious trouble for doing it. I really can’t comment on other marketplaces as I don’t work for them. :) All I can say is that we’re going to do our best to keep us and the authors out of legal trouble.

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Motionreactor says

I think what the competition marketplaces do is turn a blind eye. For example on one of them this response came from a knowledgebase:

“By accepting our End User License Agreement when vendors sign up, they warrant that they have all rights to the models and other digital assets they sell”

This is an extremely weak situation. Effectively they are ignoring what is happening and letting the people buy and sell content that is copyrighted.

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doru says

It always seams strange to me the freely use of branded material on those sites.

I can’t have indeep knowledge about copyright infringements (to vast area), so its nice to know someone thought about it for me and didn’t just hide behind some obscure rules that protect the company but not the author.

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MarkBrodhuber staff says

I feel its best to always be proactive. Why look the other way, and then have to deal with a companies legal wrath down the line.

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Motionreactor says

Obviously there is definite demand for branded products, but we can\’t have them. However, let’s look at that as an advantage.

Pretty soon we’ll be chock full of original models and we’ll get a name for unique solutions. We are able to offer the market, and focus our efforts, towards quality original content.

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