Add-On Aircraft Copyright

[lilryno]

Hi all,

I'm having an add-on aircraft designed for MSFS 2004 and I'm wondering who will own the copyright...me or Microsoft?  I want to fly the aircraft in MSFS with the cockpit in full screen and then capture that to video to use in an instructional video.  Since the screen will be all my creation...I'm assuming I will have the copyright for it (all the dials and cockpit imagery being my creation).  Is this assumption proof of my legal ignorance?  Thanks for any help!

P.S.  I've tried contacting Microsoft to ask for permission to record this video but haven't gotten any response.

[Rocket_Bird]

Im not sure, but i think you should contact the person who made the add-on.

[gw]

If you're really concerned I'd say check with a lawyer.

Until then, the end user liscense agreement for fs9 doesn't say anything about add-ons or derivative works so I'd say that you own the files you create.  If someone else is doing the work you should come to some agreement with them about who owns the add-on.

Think of it this way.  An artist makes a painting on canvas and owns the painting.  The company that made the canvas has no claim to the painting and neither does the company that made the paint.  So you own the add-on aircraft.

If that were not so, then M$ would own all the downloads on this site and nearly every other flight sim site.  That's not likely to fly, so to speak.

gw

[Politically Incorrect]

In essence you would own the add-on (paint) but M$ owns the software that it runs on (canvas)

So in order to be safe I would think that you would need M$ approval for a video made using thier "canvas" if you were to try and profit from it. I think the only way it would be all yours is if the add-on and the actuall engine that runs the sim were create by you.
In other words the add-on is yours until it is installed in FS9 then it becomes part of M$ property

Very touchy topic and advice from a lawyer is a good idea

[lilryno]

Great comments.  Thank you all.

Has anyone here ever recieved permission from Microsoft to use screen captured video of their add-on aircraft?  I think the King schools use such video but I'm not sure.  I've checked out the www.microsoft.com/legal webpage but I don't really see anything that pertains to screen captured video (just screen shots).

I guess I'll have to hire a copyright attorney and see what they think.

[eno]

I wouldnt go to that expense.

ANYTHING that you "make" on your computer is your property. The only Legal question arises when you distribute something. If you charge for its distribution then you should ask the permission of the owner of any addon or software that you are showing.

In your case if you wanted to sell the  videos that you have made then you would probably need to ask Microsoft's permission. If all you want to do is place them on a website for others to look at for free then there is no problem.

[pete]

If you're not selling it - you won't have much trouble & I certainly wouldn't go to any major expense.

If you want to distribute it it would be a good idea to check with the creators of any add-ons but other than that I wouldn't worry too much about anything.

You can always put a polite disclaimer inviting anyone with any copyright complaints to contact you but as far as you are aware you are not infringing any copyright with this.

[lilryno]

Again thanks for the comments.  I do want to sell the DVD videos.  They'll consist of academic lessons followed by "application" of those lessons using Microsoft Flight Sim and our T-6 JPATS plugin (that we're paying to have developed).  The captured screen video will be of our instructor pilot flying the T-6, performing the procedures, and discussing the procedures while highlighting certain instruments.  We'll own the T-6 plugin.  So I'd think if the cockpit was fullscreen and didn't show Microsoft scenery that we should be able to swing it...  But again I might need to check with an attorney unless I can get Microsoft to respond to my email queries.

We'd also want to put an ad up for Microsoft on each DVD as we want the viewer to purchase MSFS so he/she can peform the "homework assignments" after each lesson.  The DVDs are to help college student/cadets prepare for Air Force pilot training.

[Politically Incorrect]

I would think that M$ wouldn't mind at all especially if you will be advertising for them, actually they should probably owe you
But then again when you consider who you are dealing with...

Also when the package is ready let us know I'm interested in checking it out!

[lilryno]

Yeah I would think the same thing.  Going to be great advertising for them...  Who knows.  I think we'll be ok but I would feel better if somebody at Microsoft cleared the project.  But I think we'll be fine.

If you're interested in the "Virtual Instructor Pilot" courseware DVDs you can read more about them and their progress at www.WantsCheck.com - and I'll also post something here when they become a reality.  Thanks again for all the great info.

[Fox_Molder]

If you want a clue look in book that are tutorial on MS software done by other than MS. you will see they have to mention that MS is a registered trade mark and such software is properties of MS. if you ask a publisher if he had to pays fees for using the name. or if by owning a registered copie of that software you are permited to talk about it by using the media that fits you need.... it would not cost you anything be asking them. i imagine any PC magasine would be out of business if they had to payes feels. no one would be Permited to print anything that does not suit MS vision.

[Scottler]

Keep in mind that the scenery you fly over, regardless of what plane you're in or who created it, will still be Microsofts....I'd definitely seek legal counsel in this one.  If you're going to be selling them, you're going to want to be established as a legal business anyway, and having a lawyer on retainer for your business is ALWAYS the best idea.

Sure, it's going to cost a little, but by doing it properly, your business is less likely to be paying out the nose down the line.

[lilryno]

Absolutely.  The plan is to have the cockpit full screen so that only the instrument panel is shown.