Question about daz3d similar character to other game copyright

[kira123]

So I am planning to create an adult game using daz3d model which is really similar to other famous games. For example, I will use similar Anna character daz model from the game Anna Exicting Affection and similar Lily daz model characters from the game Lily of the Valley. The daz model that I use will be so similar to them as I grab the daz model from their f95zone website fanart. I know the looks will not be exactly the same as the true character from their respective game but it really looks similar that common people may do not know the difference. So do I will get copyright strike for that?

Also is it legal to make adult video games? Is there any law that I break if I create adult video games? I am from Indonesia

 

[Tompte]

Also is it legal to make adult video games? Is there any law that I break if I create adult video games?

Short answer: Of course, it's perfectly legal.

Longer answer: ...unless you live in a country that has morality laws that strictly prohibits "indecency" or something similar. I'm not aware of any such laws in the West or in Asia, but they're definitely present in middle-eastern theocracies. Sometimes there are regulations regarding how businesses can sell and market adult products, mostly in order to make it inaccessible to non-adults, but that's about it.

The only reason you can't buy adult games on your Nintendo Switch or PS4 is because Nintendo and Sony both want to sell a family friendly product that any parent could buy for their kids without a second thought. It's not because of any law.

Somewhat related: In my country, about a decade ago, a fan-translator got arrested and accused of distributing CP after he translated Japanese lolicon manga, but the charges were dropped when the court realized that drawings aren't real.

 

[kira123]

Short answer: Of course, it's perfectly legal.

Longer answer: ...unless you live in a country that has morality laws that strictly prohibits "indecency" or something similar. I'm not aware of any such laws in the West or in Asia, but they're definitely present in middle-eastern theocracies. Sometimes there are regulations regarding how businesses can sell and market adult products, mostly in order to make it inaccessible to non-adults, but that's about it.

The only reason you can't buy adult games on your Nintendo Switch or PS4 is because Nintendo and Sony both want to sell a family friendly product that any parent could buy for their kids without a second thought. It's not because of any law.

Somewhat related: In my country, about a decade ago, a fan-translator got arrested and accused of distributing CP after he translated Japanese lolicon manga, but the charges were dropped when the court realized that drawings aren't real.

Thank you for the answer, I think it should be fine as well in my country since it is just a video game. How about my first question, do you have any opinion?

 

[Tompte]

I'm not very familiar with DAZ or where people source their models, but my assumption is that everyone is already using the same models anyway. (At least, they all look the same to me.) Commercial models are protected in the sense that you can't go around and re-selling them but you can use the ones you've bought to create your own 3D renders. That's what they're for.

If I buy a model for my Unity game it will come with a license that grants me the rights to use it for whatever I need it for. The original modeler is still the copyright holder but I've bought the rights to use it.

Of course, if you use a commercial model but didn't pay for it, that'd be the equivalent to software piracy. And if you were to distribute such a model, like posting the model files online, that's a copyright infringement.

 

[kira123]

I'm not very familiar with DAZ or where people source their models, but my assumption is that everyone is already using the same models anyway. (At least, they all look the same to me.) Commercial models are protected in the sense that you can't go around and re-selling them but you can use the ones you've bought to create your own 3D renders. That's what they're for.

If I buy a model for my Unity game it will come with a license that grants me the rights to use it for whatever I need it for. The original modeler is still the copyright holder but I've bought the rights to use it.

Of course, if you use a commercial model but didn't pay for it, that'd be the equivalent to software piracy. And if you were to distribute such a model, like posting the model files online, that's a copyright infringement.

Thanks for your answer!

 

[MissFortune]

I'm not very familiar with DAZ or where people source their models, but my assumption is that everyone is already using the same models anyway. (At least, they all look the same to me.) Commercial models are protected in the sense that you can't go around and re-selling them but you can use the ones you've bought to create your own 3D renders. That's what they're for.

If I buy a model for my Unity game it will come with a license that grants me the rights to use it for whatever I need it for. The original modeler is still the copyright holder but I've bought the rights to use it.

As far as the Daz store goes, the first one is pretty much correct. If you purchase the character/prop/environment/etc, then you can use it in all of your renders. Privately or commercially. However, the second license option would be an interactive license. For programs like Unity and Unreal Engine, where you're walking around in real time in a Daz environment or with a daz figure.

You must be registered to see the links

covers it much more clearly in a video, though.

 

[kira123]

As far as the Daz store goes, the first one is pretty much correct. If you purchase the character/prop/environment/etc, then you can use it in all of your renders. Privately or commercially. However, the second license option would be an interactive license. For programs like Unity and Unreal Engine, where you're walking around in real time in a Daz environment or with a daz figure.

You must be registered to see the links

covers it much more clearly in a video, though.

Oh I see thanks for your answer but I have one more question. What if I download the daz model without buying the license for example I download the daz model from this f95zone asset release page and creating a video game for money/commercial purpose. Do I will get copyright strike? if it yes how much likely the chance that my content will be caught?

 

[Deleted member 1536527]

Somewhat related: In my country, about a decade ago, a fan-translator got arrested and accused of distributing CP after he translated Japanese lolicon manga, but the charges were dropped when the court realized that drawings aren't real.

Btw how the hell did this happen? How did he get reported and how was he identified? I'm always scared of producing any such stuff because my country actually has laws against this, but the degree to which they're enforced is variable. But I'm always wondering how would it (or how does it usually) get discovered in the first place before any investigations can begin.

 

[MissFortune]

Oh I see thanks for your answer but I have one more question. What if I download the daz model without buying the license for example I download the daz model from this f95zone asset release page and creating a video game for money/commercial purpose. Do I will get copyright strike? if it yes how much likely the chance that my content will be caught?

It's piracy. Just like downloading a movie, music, Photoshop, or event a font without purchasing it. Let's use someone selling bootleg/downloaded movies as an example; John is selling the new Jackass movie at a swap meet. They have the covers and prints on the discs, they look official and everything. The movie was stolen, burnt onto a disc for playback, and then being distributed to other with no profit being given to the creators, actual distributors, all on top of violating a good few copyright laws. This leaves John open to being sued provided his venture is actually ever caught.

The same applies to Daz assets. You're downloading them, installing them, and using them in scenes with no purchase or license to do so - typically to make money via Patreon/SS/Kickstarter/etc. In the case of piracy, you don't get copyright strikes like you do on YouTube. If a asset creator see it worth it to come after a developer, they will take someone to court and sue them.

If you have the money to support a creator you use a lot, then pay for their product. It's worth it not having to worry about looking over your shoulder to see if creators at studying your VN/game with a comb. That being said, there are so many VNs out there that there's no way a creator can go around asking every single dev/team for proof they own the asset they're using. The amount of time it would to take to look through all of them just simply won't give enough in return. I still say support these creators when you can, if only to help them keep making more (the reality is that a lot of VNs/games out there wouldn't exist if it wasn't these people). So, yeah, you'll probably get away with it if you don't go bragging all over the internet about it.

As for the interactive, I couldn't say with much certainty, but I'm sure they're likely much more aggressive about them seeing how much more expensive they make them. Especially if they're caught being used in game that takes off.

 

[kira123]

It's piracy. Just like downloading a movie, music, Photoshop, or event a font without purchasing it. Let's use someone selling bootleg/downloaded movies as an example; John is selling the new Jackass movie at a swap meet. They have the covers and prints on the discs, they look official and everything. The movie was stolen, burnt onto a disc for playback, and then being distributed to other with no profit being given to the creators, actual distributors, all on top of violating a good few copyright laws. This leaves John open to being sued provided his venture is actually ever caught.

The same applies to Daz assets. You're downloading them, installing them, and using them in scenes with no purchase or license to do so - typically to make money via Patreon/SS/Kickstarter/etc. In the case of piracy, you don't get copyright strikes like you do on YouTube. If a asset creator see it worth it to come after a developer, they will take someone to court and sue them.

If you have the money to support a creator you use a lot, then pay for their product. It's worth it not having to worry about looking over your shoulder to see if creators at studying your VN/game with a comb. That being said, there are so many VNs out there that there's no way a creator can go around asking every single dev/team for proof they own the asset they're using. The amount of time it would to take to look through all of them just simply won't give enough in return. I still say support these creators when you can, if only to help them keep making more (the reality is that a lot of VNs/games out there wouldn't exist if it wasn't these people). So, yeah, you'll probably get away with it if you don't go bragging all over the internet about it.

As for the interactive, I couldn't say with much certainty, but I'm sure they're likely much more aggressive about them seeing how much more expensive they make them. Especially if they're caught being used in game that takes off.

Nice thanks for your clear explanation, covering both sides. I do agree to buy the asset since I have a main job anyway and also creating content knowing it may get copyright strike is a hell of a burden.

 

[Tompte]

Btw how the hell did this happen? How did he get reported and how was he identified? I'm always scared of producing any such stuff because my country actually has laws against this, but the degree to which they're enforced is variable. But I'm always wondering how would it (or how does it usually) get discovered in the first place before any investigations can begin.

I didn't know the details but I found the case on Wikipedia (

You must be registered to see the links

) and it's a pretty interesting read. According to the article, he was in a custody dispute with his spouse and "someone" accused him of child abuse, instigating a search of his home where they found a stack of grade-a lolicon material.

Apparently the legal definition of CP (in Sweden) was broad enough where it could include fictional drawings but it had never been tested in court before. At first they did charge him on lesser CP possession (basically, just a fine). But of course, no one wants to be labeled a pedophile for the rest of their life so he appealed.

By the time the case had reached the supreme court, none except one image could hold up to the legal definition (and it's unclear what was different about that one image). He was also acquitted on related charges because of his line of work as a manga translator and "an expert of Japanese culture". Basically tastes aside, the court concluded that this man was neither a child molester nor pornographer. He was just doing his job and the things he was translating were merely artifacts of Japanese culture and not the fault of his work as a translator.

This guy wasn't an artist though. He was accused of possession, related to a different case revolving an actual child. I'm not sure what the case would be for an artist producing loli art. I don't know for sure but my gut feeling is that artists would have an even higher legal standing because it'd fall under freedom of artistic expression. But the whole topic is a bit of a minefield. Although I doubt anyone will kick your door down for making suggestive drawings.

Interestingly, as a result of the case, they published the offending material (

You must be registered to see the links

) and from now on, neither those images nor any similar image can be considered CP in Sweden. So yay.

 

[Deleted member 1536527]

I didn't know the details but I found the case on Wikipedia (

You must be registered to see the links

) and it's a pretty interesting read. According to the article, he was in a custody dispute with his spouse and "someone" accused him of child abuse, instigating a search of his home where they found a stack of grade-a lolicon material.

Apparently the legal definition of CP (in Sweden) was broad enough where it could include fictional drawings but it had never been tested in court before. At first they did charge him on lesser CP possession (basically, just a fine). But of course, no one wants to be labeled a pedophile for the rest of their life so he appealed.

By the time the case had reached the supreme court, none except one image could hold up to the legal definition (and it's unclear what was different about that one image). He was also acquitted on related charges because of his line of work as a manga translator and "an expert of Japanese culture". Basically tastes aside, the court concluded that this man was neither a child molester nor pornographer. He was just doing his job and the things he was translating were merely artifacts of Japanese culture and not the fault of his work as a translator.

This guy wasn't an artist though. He was accused of possession, related to a different case revolving an actual child. I'm not sure what the case would be for an artist producing loli art. I don't know for sure but my gut feeling is that artists would have an even higher legal standing because it'd fall under freedom of artistic expression. But the whole topic is a bit of a minefield. Although I doubt anyone will kick your door down for making suggestive drawings.

Interestingly, as a result of the case, they published the offending material (

You must be registered to see the links

) and from now on, neither those images nor any similar image can be considered CP in Sweden. So yay.

Hmmm, that's interesting. So a third party or an outside influence was basically what led to the discovery. The laws in my country are a bit more severe though unfortunately. Any kind of consumption, or especially production, of adult material is illegal. (But its no secret everyone watches porn anyway). But I think from what I know and have heard its basically impossible to get caught unless someone else reports you (or some other unrelated investigation leads to the discovery of such material). But I think if you're trying to make money off of it, it'd be even more dangerous cause then the banks get involved etc.

Btw those manga pictures, I took a look at it. WOW. That is pedo material without a shadow of a doubt.

 

[cold_arctus]

Hmmm, that's interesting. So a third party or an outside influence was basically what led to the discovery. The laws in my country are a bit more severe though unfortunately. Any kind of consumption, or especially production, of adult material is illegal. (But its no secret everyone watches porn anyway). But I think from what I know and have heard its basically impossible to get caught unless someone else reports you (or some other unrelated investigation leads to the discovery of such material). But I think if you're trying to make money off of it, it'd be even more dangerous cause then the banks get involved etc.

Btw those manga pictures, I took a look at it. WOW. That is pedo material without a shadow of a doubt.

All it takes for authorities is to get a hint and then they will start to monitor the websites activities. If they decide it is worth to investigate, when children are at harm etc, they will request the log files from the website hoster. Either the hoster cooperate or they don't. Then police/investigator will use a different way. However, as soon as they get the logs all IP addresses will be available and then they start to pick out the IPs related to your country. The easiest way to get your IP is by sharing files using P2P.

 

[MissFortune]

Btw those manga pictures, I took a look at it. WOW. That is pedo material without a shadow of a doubt.

Have you not seen lolicon before? That was some pretty run of the mill/tame stuff. It gets a lot worse, honestly. Like Akutoku no Sakae by OYSTER, Young Fruit by Bow Rei, or even Chinchin Haechatta Watashi Datte Idenshi Nokoseru No Yo! (this one's kind of a downhill slide) by momomo.

 

[Deleted member 1536527]

All it takes for authorities is to get a hint and then they will start to monitor the websites activities. If they decide it is worth to investigate, when children are at harm etc, they will request the log files from the website hoster. Either the hoster cooperate or they don't. Then police/investigator will use a different way. However, as soon as they get the logs all IP addresses will be available and then they start to pick out the IPs related to your country. The easiest way to get your IP is by sharing files using P2P.

Yeah most of the times they won't bother. Unless there's an absolute need, they just won't bother. The IP thing is shifty as well cause all these websites are banned in my country anyway . So people use VPNs to access them regardless. I remember there was actually a push to ban VPNs too a while back , but it backfired completely so it never went through. But as you said, its the "getting a hint" part which starts it all to begin with and I'm always curious what that hint could be. But unless money is involved, like if you're making some money, like from Patreon, by developing H-games (which is what I have been thinking for so long of doing now ), I don't think you're at any real risk.

Have you not seen lolicon before? That was some pretty run of the mill/tame stuff. It gets a lot worse, honestly. Like Akutoku no Sakae by OYSTER, Young Fruit by Bow Rei, or even Chinchin Haechatta Watashi Datte Idenshi Nokoseru No Yo! (this one's kind of a downhill slide) by momomo.

Yeah no I haven't. And no thanks lol.

 

[kira123]

Hmmm, that's interesting. So a third party or an outside influence was basically what led to the discovery. The laws in my country are a bit more severe though unfortunately. Any kind of consumption, or especially production, of adult material is illegal. (But its no secret everyone watches porn anyway). But I think from what I know and have heard its basically impossible to get caught unless someone else reports you (or some other unrelated investigation leads to the discovery of such material). But I think if you're trying to make money off of it, it'd be even more dangerous cause then the banks get involved etc.

Btw those manga pictures, I took a look at it. WOW. That is pedo material without a shadow of a doubt.

Hmm I wonder how to avoid the bank when we want to collect our money from patreon. Can the payment from patreon being distributed straight to cryptocurrency wallet like safepal or trust wallet? I hear that cryptocurrency wallet is pseudonymous. Or when we create paypal is it mandatory to put our bank in there? I mean can we distribute our patreon money from paypal to our cryptocurrency wallet without involving our bank?. If it yes, is it traceable?

 

[Deleted member 1536527]

Hmm I wonder how to avoid the bank when we want to collect our money from patreon. Can the payment from patreon being distributed straight to cryptocurrency wallet like safepal or trust wallet? I hear that cryptocurrency wallet is pseudonymous. Or when we create paypal is it mandatory to put our bank in there? I mean can we distribute our patreon money from paypal to our cryptocurrency wallet without involving our bank?. If it yes, is it traceable?

Well that would be ideal wouldn't it, if we could just make money in crypto. But unfortunately I don't think its possible with Patreon. (And I don't know of any other service that provides this ). I think you HAVE to involve some sort of bank in the process. However there are some ways to avoid a direct link.

I know in Patreon, you can use services like Payoneer, to process your transfers. So for example, instead of linking your Patreon directly to your bank account, you link it to your Payoneer, and then from your Payoneer to your bank account (its more exapensive and Payoneer has its own fees). So, the bank presumably doesn't know about or see the Patreon directly, they only know that these funds are coming from Payoneer. (They can still question you about it if there is suspicious activity or large transactions happening, but there's no direct link.)

However that being said, I still have some confusion regarding this, does Payoneer know?? When we link Payoneer to Patreon, obviously it shows an ID number for our Patreon account in the Payoneer account, but does Payoneer know exactly what account does this ID belong to? Like can they actually see the Patreon page. My assumption is no.

Also apart from Payoneer you can use Stripe. Other than that there are direct banks available, or branchless banks. You can try and use those, definitely far more flexible than traditional banks.

But still if someday crypto comes into play here that would be ideal.

 

[cold_arctus]

Hmm I wonder how to avoid the bank when we want to collect our money from patreon. Can the payment from patreon being distributed straight to cryptocurrency wallet like safepal or trust wallet? I hear that cryptocurrency wallet is pseudonymous. Or when we create paypal is it mandatory to put our bank in there? I mean can we distribute our patreon money from paypal to our cryptocurrency wallet without involving our bank?. If it yes, is it traceable?

Dude... that's tax evasion.

1. As soon as you sign up on Patreon as creator you have to provide all personal information.
2. All money transactions are logged/documented and not anonymously.
3. Very unlikely that you will make big money with your game.

 

[kira123]

Dude... that's tax evasion.

1. As soon as you sign up on Patreon as creator you have to provide all personal information.
2. All money transactions are logged/documented and not anonymously.
3. Very unlikely that you will make big money with your game.

yeah I probably should ask this question in blackhatworld.com lol. I just realize as a creator you have to provide all personal information like you mention and I think there is no way we are being anonymous then.

Sadly for me in my country, Indonesia, I just checked that distributing pornography including animation is breaking the laws. I have to give up on my dream though I was really optimistic that my adult game would be successful one day.

I wonder is there any site like patreon that can distribute the money straight to our crypto wallet?

 

[cold_arctus]

Sadly for me in my country, Indonesia, I just checked that distributing pornography including animation is breaking the laws. I have to give up on my dream though I was really optimistic that my adult game would be successful one day.

Well, the question is if you are allowed to distribute it outside of your country.