Sketchfab Forum

Legality of posting scans of people

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(Tawdry) #1

Hi
I am trying to make my first ever game a medieval rpg and not been a 3d modeler have been scrubbing through every 3d site I can find. Sketchfab is definately one of the best but it does have some shady areas such as ripped models been posted and with commercial use allowed also some cc zero etc models of other folks are posted as other peoples.Some sold models at turbosquid are available free over here and not by the company trying to sell them.

But back to this posts main question. There are a ton of 3d models of people posted here all clearly taken with permission most of the celebrity ones have no commercial use clicked but your everyday Joe and Jane is usually labeled as free for commercial use.

Now there are laws in place regarding posting images/pictures/models of people without there permission called the right of publicity this extends to any posting free or commercial.

So my question is to all those posting models of other people are they aware you are posting here did they agree to there likeness been used commercially?

As someone who is intending a large populated world I really hope this is for the most part legit it would save a ton of time.

TL:Dr Are the 3d scans of people really able to be used for commercial use as most the license states however if not If I still use them and there are ramifications is the blame on me or those posting the models with a misleading license?

Thanxs for any feedback


#2

Hi there,

I don't have an answer to your specific question about scans of people, but regarding copyright more generally:

While we do what we can to ensure the content on Sketchfab is appropriate, we cannot realistically review every model uploaded for a possible copyright infringement. We are also unable to determine whether the user has obtained a license for copyrighted content. As a service provider, our liability is protected by the Digital Millennium Copyright Act under their Safe Harbor provision.

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

What this means is that unless the copyright holder contacts us directly to remove infringing content, we can not remove any models. We assume users have the rights to the models they upload, as per our terms and conditions.

https://help.sketchfab.com/hc/en-us/articles/203020988-Report-Violation


(Misterdevious) #3

Usually the people scanned should have signed a model release form (contract) which explicitly states that the person scanned/photographed:

1) is aware and understands how their image/likeness will be used (3D, 2D, and derivative works based on the images taken),
2) gives the rights (copyright and ownership of images) to the producer/photographer,
3) other legal mumbo-jumbo that's usually specific to the laws of the country/region where the images were shot.

That should include any 3D scan of people appearing here or anywhere, including game assets, VR demos, etc...

Now, whether any of the people/companies that display 3D scans of people here or other sites actually have release forms for their subjects is another matter.


(Tawdry) #4

Hi James
Sorry think i posted this in the wrong section was aimed at the people posting the content.

I do think the users should be more responsible and at least put a not for commercial use on copyrighted materials most of the stuff is well known but there are a few that i never heard of until i stumbled across them on other sites such as turbosquid.


(Tawdry) #5

Hey Mr Devious
Yea as a former photographer I am well aware of the process . Not sure how this 3d scanning business works though. Maybe there is some fine print in a form somewhere or the posters are just unaware of the right to publicity rule or just don't care.

Not bringing this up as a criticism just trying to avoid issues for myself further down the road