Copyrite-type question

[DanielF]

If I were to upload a splash screen of someone else's addon, would I need their permission?

[Tchkinjiu]

Can you actually see the aircraft? If not, go ahead. Guessing...
Anyways, how are you using the plane without their permission?

[J G Parker]

Here's my take, but I'm not a lawyer:

You are asking whether using in a splash screen the image of an addon aircraft taken in a  screen shot is a violation of copywrite.

A. The copywrite covers the software (its distribution, resale, modification, etc.) not the screen image it produces.  UNLESS that image itself includes a logo, trademark, or the image itself is a trademark.  the latter is unlikely since the original (real) aircraft manufacturer probably can't even claim that.   Amature photographers who take pictures of real aircraft can distribute these images without violating trademarks of Boeing for example.

B.  However, you might want to consider simply adding a credit to the company or creator somewhere in the splash screen and that should take care of any concerns, much like citing an original source in a written manuscript.  I'm sure the company would appreciate the plug, provided the screen is in good taste itself.

C.  It helps that you are using the image for non-commercial purposes.  Things are a little looser here and sometimes come under 'fair use' exceptions.  On the other hand, if downloads start flying off the shelf and making you millions of dollars (!) you make attract some attention of the add-on company who might demand a royalty

D.  Since I'm not a developer I can't say for sure how it would feel to see my aircraft in someone's splash screen, but I don't think they would mind, especially if there is a small crdit somewhere.

[Scottler]

I would have to agree with JG Parker...as long as you're not charging for it, and as long as you're not using it for commercial purposes...

Personally, if I were to see someone who was proud enough to use my airplane as a splash screen, I'd be thrilled and extraordinarily flattered.

However, I'd send em an email just in case, and if you can't get in touch with them, then it's their fault you couldn't ask.

LOL@ the light reflecting off the aircraft argument.  That was sheer brilliance.  You should seriously consider law school...that was one of the best defenses I've ever heard.

[darkhorse]

I'm going with J G's C. answer.  In our business law class in college we were told that if it is for your own personal use, then for the most part it i OK.  As long as you are not claiming it as your own, or making money off of it, then you should be fine.

[Scottler]

Someone should tell that to the RIAA....

[ozzy72]

Here is the score as I understand it... (and I'm not a lawyer)
If you are using a freeware aircraft for the shot, and you acknowledge it in a little notepad file with the screenshot, then it is okay, mention aircraft type, author, and where you got it. But please be polite and drop a note to the author to let them know what you are doing. I've yet to find any freeware author who has said no to a repaint request, or some other mod, or a screenshot made into a splashscreen.
With payware you should contact the distributor for their permission. And keep a record of it to cover your bottom later.......

Ozzy

[Fozzer]

I often post pictures, and copy of text on the Forum, and I ALWAYS make sure that I acknowlege the source whenever possible, particularly in the case of news copy.
...just in case... ...!

Cheers... ...!
Paul.
(England).

P.S. ..copyright... ...!

[JBaymore]

This is sort of a weird "21st Century" issue.    ???

A "splash screen" is pretty much a piece of visual art that is sort of a piece of advertising design work for developing sales, brand recognition, and visual identity.  As such..... it is "commercial art".  

If the image were a straight photograph of a real plane that you took in a non-restricted public location, it would be no big deal, and YOU would fully own the copyright on the image, it's use in the layout design,  and all the protections that would give you.   (I'm a visual artist.... and I deal with ....and am sensitive to........ this stuff just a tad.)

But a "screen shot" is not really a photograph per se'.  That's where it gets sort of weird.  It is a still frame taken of a visual display that is actually created by the software creators and as such is a piece of visual art.  In a way it is maybe like an an "interactive movie".  Someone else designed the scenery, the aircraft, and so on.....you are just manipulating the objects within the environment that the artists has already set up for you.  There is a strong precedent for this in various types of performance art.

Visual art of all types is covered by copyright, whether overtly marked or not.

So it kinda' comes down to what the heck IS this "photograph"?  Sounds like the the place lawyers make the payments for a Merceedes  ;).

My guess is that you should just contact the creator of the original program / aircraft and get permission to use it in the manner you want .... in writing.  Odds are they will be more than happy to give it.  However... if they DON'T like the idea... and balk at it in any way.......... you have saved yourself a REAL hassle later when they find it and then decide to take some action.

As someone else said....... if you just use this thing on your own machine for personal use.... it's probably just not a significant issue.  If you distribute this either as freeware or as payware...... I think you should be a bit careful.

That definitive legal opinion will cost you $0.00............... and remember you get what you pay for  ;D.  

Oh...... and I don't even play a lawyer on TV.

best,

...................john

[DanielF]

Thx, everyone, for your comments.

[darkhorse]

I forgot to add in my last responce about this, that if you are not harming the company in any way, you can use it in most cases.  But if you use it, and even acknoledge it as someone else's but still distribute the product as freeware, and that in turn leads to a drop in sales for the original because people can get it free---that is asking for trouble also.  Even if you are not making money off of it.