ArcadeHustle / NaomiUniversal3D

3D assets for Sega Naomi Upright Cabinet, Net City, and dedicated driver, shooter, and special variant cabinets
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Is this a clone of mastertw's work on cgtrader? #4

Open ArcadeHustle opened 3 years ago

ArcadeHustle commented 3 years ago

You will note that there is a "Royalty Free License" being offered for a "Sega New Net City arcade cabinet 3D print model" on CGTrader for $40. Is the NaomiUniversal3D repo mastertw's work? https://www.cgtrader.com/3d-print-models/games-toys/toys/sega-new-net-city-arcade-cabinet

ArcadeHustle commented 3 years ago

CGTrader terms and conditions states that you must not upload anything that "violates or infringes anyone's intellectual property rights". https://www.cgtrader.com/pages/terms-and-conditions#general-terms-of-licensing

"By uploading a Product, the Seller shall be deemed to represent that such Product and use of this Product permitted by General Terms does not infringe the intellectual property of any other party and that the Seller had obtained all necessary model or property releases for use and licensing of the Product"

In the past for example "Ford" branded 3D models have been removed from CGTrader "due to the copyright claim from Ford." https://www.cgtrader.com/forum/selling-buying-3d-models/where-are-my-ford-brand-3d-models

Turbogrid support lays out the landscape quite well here: https://support.turbosquid.com/hc/en-us/articles/230097087-Associated-Brands-Information

"Sometimes artists create 3D Models that depict real world objects of some type, and while the artist owns the 3D model itself, another group may claim ownership in the subject matter depicted. For example, the Acura depicted here contains protected intellectual property.

In some cases such as with Honda, the company has notified TurboSquid that Honda will not allow its products to be used for any purpose other than under the Editorial Use restrictions. This means the 3D Model License is for news purposes, and for people with explicit rights clearances from the owners of the depicted intellectual property. You may not use it, for example, in an advertisement unless you are an authorized party such as an ad agency with proper legal clearances."

Technical renderings of Sega cabinets are no different. They are not mastertw's property to sell in the first place. Fair use rights apply to his renderings just the same as they do the original Sega art work.

It may even be argued that the Sega Naomi cabinet designs have been public for nearly 20 years, and as such the imagery is now in the Public Domain.

Turbogrid knows well as they were sued by BMW Group. "BMW Group is seeking a permanent injunction for infringement, destruction of products, advertisements, and packaging in TurboSquid’s possession or control bearing BMW Group’s trademarks or trade dress, and recovery of TurboSquid’s profits from the alleged infringement, treble actual damages, and reasonable expenses.” http://www.protectingdesigns.com/169-bmw-group-files-suit-against-turbosquid

"In the complaint, BMW Group alleges TurboSquid infringes these design patents by selling unauthorized virtual 3D models of BMW Group vehicle designs on the TurboSquid website." https://www.lexology.com/library/detail.aspx?g=efb0f954-657c-44c2-9491-e8c754a11f99

You will note that there are no longer BMW designs on TurboSquid site as there once were: https://blog.turbosquid.com/2014/04/16/artist-spotlight-hkv-studios/ https://www.turbosquid.com/Search/Index.cfm?keyword=bmw+i8&media_typeid=2

The collective works in this repo are original works based on public domain imagery of Sega Naomi products, and they are shared here in Open Source form with the intent of further Fair Use rights proliferation.