Tuesday, March 29, 2016

copyright - Can I use an "editorial-only" 3D model for demonstrative purposes in a commercial?


I'm creating CG for a video commercial that will likely be used mostly in tradeshows or online. I'm looking to purchase two models from Turbosquid, one a Boeing 787 and one a Volvo semi truck and trailer. Because these are real-world products they are marked as "editorial use only."


The product/service being advertised is a new kind of composite tooling. The 787 is meant to provide an example of something made from composites, the production of which might be facilitated by this process. The semi truck would be used to illustrate that the process can be taken out of the factory and used for on-site production. In other words, neither model would be a primary visual element, nor are they directly related to the service being sold. I would also be perfectly willing to put a disclaimer in the commercial to the effect that we are not affiliated with nor endorsed by the companies that own the products being visualized.


Does this blur the line at all of the "editorial" use licensing? Despite the "non-commercial" admonitions I'm usually reading about editorial use, I'm also seeing things like "giving context," "enhancing the effectiveness of the story," etc., which is the primary reason for using the models, and essentially I'm using real-world examples because "generic" models are usually much poorer quality or are so glaringly trying to be generic and unreal that they become a distraction.



Answer



YES.


(My comment is hereby submitted reformed as an answer to the original question.)


Clearly, from your characterization of the models, you are not using them to represent commercial products, per se, but rather to illustrate and characterize the variety of products constructed using a particular construction method or process.


Qualifier: The Turbosquid EULA will be the final arbiter.


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