TLDR, unless you’re considering ever doing business with Daz Studio or Morph3D. You’ve been warned.
Okay, first of all, I expect I’ll get some flak for this post, but try to remember I’m here to warn the Unity community about something that I think is a problem for anyone considering using Daz Studio content in a game. I came at this from the angle of doing art using Daz Studio assets first. Along the way, I acquired a Daz Originals game indie dev license that was supposed to allow me to use their “Daz Originals” store content in the development and distribution of games. I thought I’d like to try to use some of the many things I owned already in the experimental development of a game for sale at some future point. After getting said game license, I invested more in Daz Originals with the idea that I might use these assets in a future game in addition to using it in my art. Now, at this point in the story, I’ve got many thousands of dollars invested in their assets.
BTW, I know this is the internet and some people can’t help themselves, but I’m not asking for a commentary on the wisdom of doing this. It’s done. I’m here to warn others so they can make a more informed choice. You can laugh at me, but I’m here to help the community learn through my mistakes.
Then they started retroactively changing rights to use of said content. In order to access the licensing language of that page on their store, they required one to agree to changes in the language. So, essentially, if you wish to continue using their store or access some pages, you are leveraged into agreeing to retroactive changes. As it stood last year, they had issued a change in licensing terms that meant that while one could use their 3D models, for which one had a license for game development, in 3D games, one could not ask users of such an application to purchase even 2D representations of such content. In other words, goodbye to microtransactions of a purely cosmetic nature in 2d games. I might be wrong, but this could be a huge deal for some devs. I complained because I felt that retroactive licensing changes were BS and also because I had thought at some point to try going the microtransaction route. I wasn’t sure, but I didn’t like that suddenly that option seemed to be taken from me, at least if I wanted to continue using their software and assets as I had done before.
Then today I’m greeted by this page on their store: https://www.daz3d.com/huntress. This is a Daz Original item for which I’ve supposedly already got a license to use if I purchase it because I have the Daz Originals game dev license. But a little down the page there’s a new feature called an “Interactive License” option. So I click the “What is this?” link and I’m taken to this page: Daz 3D. This page basically says now if I want to use this in a video game, I’ve got to also purchase an additional license for this individual item because otherwise such use is prohibited under their EULA, which by the way, when I click the link that takes me to their current EULA language, I’m asked to agree to the following changes to their licensing, of course retroactively for all content I’ve already acquired the rights to use legally, without modification:
3.0 Interactive License Addendum
The terms of this addendum 3.0 are in force only when User has purchased a “Game Develoer License” or an “Interactive License Add-On” from the online DAZ store.
For any User who has purchased one or more Game Developer Licenses the terms of this Addendum 3.0 apply to all Content that the User has purchased a license to via the DAZ store where the “Artist” field of the Content contains a list of one or more Artist Names, and that the User has also purchased Game Developer Licenses such that the User has purchased a Game Developer License for each of the Artist Names represented in the Artist Name field of the Content.
For any User who has purchased one or more Interactive Add-On Licenses via the DAZ store, the terms of this Addendum 3.0 apply to all Content that the User has purchased such an Interactive Add-On License for.
In the case of Game Developer Licenses where the Artist Name for that license is “Daz Originals”. The terms of this section 3.0 apply to all content which also contains “Daz Originals” in the Artist Name, regardless of the presence of additional artist names also in that field.
All Content that can be identified according to the above criteria shall hereinafter be referred to as “CRT Content”. The terms of this addendum 3.0 do not apply to any other Content.
- Modified Terms of Use. This section replaces Section 1.0 Bullet 5: “TERMS OF USE” for CRT Content ONLY.
Two Dimensional Works. Subject to the terms and conditions of this Agreement, User may (i) incorporate, copy and modify the CRT Content in the creation and presentation of two-dimensional animations and renderings which may require access to the CRT Content by the User’s customer during electronic execution of the User’s application, and (ii) incorporate two dimensional images (including two dimensional images that simulate motion of three dimensional objects) derived by User from the CRT Content in User’s other two-dimensional works, and (iii) publish, market, distribute, transfer, sell or sublicense such two-dimensional animations, renderings and other works; provided that User may not in any case: publish, market, distribute, transfer, sell or sublicense any renderings, animations, software applications, data or any other product from which any CRT Content, or any part thereof, or any substantially similar version of the CRT Content can be separately exported, extracted, or de-compiled into any re-distributable form or format. All other rights with respect to the CRT Content and its use are reserved by DAZ and its licensors. User warrants and is responsible to ensure that the CRT Content used in User’s applications are not available to end users in their native formats and that every effort is made to protect the CRT Content from theft or copyright infringement by employing technology, asset protection, encryption or any other resources at User’s disposal.
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Three Dimensional Works. DAZ wishes to encourage the expansion of the catalog of Content available to its users. Accordingly, User may access, use, copy, and modify the Content to create one or more derived or additional three-dimensional works provided that:*
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any such derived or additional three-dimensional works are designed to require or encourage the use of CRT Content available through the online DAZ store either by (i) requiring the use of such CRT Content to function, or (ii) allowing only limited function when not used in conjunction with CRT Content from the online DAZ store; and
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upon receipt of a written request from DAZ, User immediately ceases any and all distribution of the art that User has created from the CRT Content, if DAZ has determined, in its sole discretion, that (i) such art is substantially similar to or is a clone of existing Content; or (ii) such derived or additional work fails to require the use of Content available through the online DAZ store.
The creation of three-dimensional physical representations (3D-print, molded copy, CNC-routed copy, and the like) of Content or any three-dimensional art derived from the Content is permitted only for personal, non-commercial use by the User. Additionally, the user may not grant other entities or individuals the right to produce such physical representations of the Content except for the sole purpose of providing the print to the User for their personal use.
All other rights with respect to the Content and its use are reserved by DAZ and its licensors.
- While incorporation of the CRT Content into User’s applications is authorized as set forth above, User expressly agrees and acknowledges that any discrete sale of CRT Content separate from a purchase of the User’s application is allowable ONLY with express written consent of DAZ. Thus, for example, within the context of a game, the sale or purchase of the CRT Content, portions thereof, or either two-dimensional or three-dimensional derivatives thereof as a separately-purchased commodity or upgrade using items of actual or virtual worth is prohibited without prior written consent of DAZ. Written consent of DAZ may be sought at the address set forth herein.
What concerns me more than anything is the addition of the two points I bolded above–that making a 3d work using their content requires some vague “encouragement” of the end user’s use of DAZ store content–meaning a purchase of some type from their store for use and that if I use any of their ready to use content without significant alteration, they can make me cease and desist its use in all 3D works. Now, it seems that although I purchased all that ready-to-use content for my art and acquired the rights to use that same content in video game development, they’re saying that I cannot use those models without: a.) requiring the users of my application to also purchase rights to use that content, unless I, as application dev, significantly limit their use in some undefined way, and b.) substantially altering the content before it can be used in my application.
Seriously? WTFFFFS? You may not see the point, but there is a huge difference here in terms of what is required from me now in order to use that which I’ve already purchased the legal rights to use. I cannot even access my online purchased content page to retrieve a link to my license without agreeing to this addendum. And after finding the link to the original license agreement by scrolling through all of my purchase receipts, I am once again taken to a page that asks me to agree to this binding retroactive addendum. Shifty business and shady practices. I asked someone else who doesn’t have such a license to attempt to access the indie game developer’s daz originals license page using the link I was able to find, and they can’t even access the page to view the original language. They also were forced to agree to the retroactive changes without then even being able to see the original license.
Oh, and for those who don’t know, these guys are a sibling company to morph3d.com, which some people have boycotted and protested against for their licensing choices. Now, if you’re even thinking of considering going there after I’ve shared my story to my shame and regret, having spent more than $10,000 at their store over the past several years, you’ve been warned. You cannot say nobody told you how they treat their customers. I’ve paid a price, and I’m paying another by doing this, but you don’t have to. Stay clear! Warn others!
The new interactive licences are really expensive (most I’ve seen are $50, and just one at $10). We don’t have to pay that new fee.