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Opinions needed

centuryseries said:
All I would like is to have proper credit and/or the images featuring my work taken down. No point in going to court, they have been on sale for over a year, so nothing really to be gained except proper accreditation.

I just find it misleading that the fellow has not sought any kind of permission nor made any reference to flight sim as the foundation for some of his images.
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Okay, (even I!) I get it now....

Thanks for the clarification.

Kent
 
Pretty sure that's my Beaufighter in there.

I just find it misleading that the fellow has not sought any kind of permission nor made any reference to flight sim as the foundation for some of his images.
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This pretty much sums up my opinion also.
 
I recognized your Beaufighter right off, Dave. Also, the OV-1D looks suspiciously like Tim Conrad's freeware model for FS9, and there are for sure some of the older Alphasim payware, (now freeware) models in there.

I don't see a problem if the bloke gives credit to the artist/developer who built the model. In the case of payware, that would help to promote sales. If he's saying that the work is his exclusively, then I have some pull with it.

BB686:US-flag:
 
I'm not going to offer an opinion one way or the other - it's a pretty hairy mess.

But - if you really want to get the stuff off the internet - then just issue a DMCA takedown order to his web hosting service. That requires the host to remove his stuff until he can prove to the host that it is legally his. You avoid court and all the legal fees - unless, of course, he turns the tables on you. But it is an easy first step. :dread:
 
I sell digital artwork to publishers all the time, but it is my work. If the guy took the image on his computer, he has the right to post and/orsell it. If it isn't his image, he has no right to even post it.
 
Snurdley said:
This is really amateurish stuff but I'm not sure I recognize FS models? I've never considered screen shots as art anyway. All the work has pretty much been done for you. All you did was press a button. Having said that taking screens is a lot of fun, but I would never try to sell them. That's an interesting copyright question. It's Microsoft's sim, someone else's plane (maybe), possibly some addon textures, so who has the rights? I wouldn't think the screen shot taker can claim creative rights, even if you change the background.
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All a photographer does is 'press a button'...ergo in Photography 'all the work has pretty much been done for you' and thus is not art.

Actually, the exact-same situation applies with BOTH the photographer AND the 'screenshot taker'. In both, the 'art' is in the subject/composition/lighting/etc.

A GOOD screenshot is no different to a GOOD photograph. BOTH can have commercial potential.

With both digital art and physical art, you WILL come across actual posted restrictions of it's simply being photographed [copied] and distributed elsewhere whether commercial OR freely.

I've administered a website for the skinning of the Windows OS GUI since 2001 and am constantly dealing with the exact same issues as posted here. [ Wincustomize.com ] .... It's owned by Stardock [a Gold Partner of Microsoft]. Google 'Windowblinds' and you'll get an idea.

Typically the only viable option for 'managing' uploaded screenshots is for then to be accompanied by appropriate credit [to what's being displayed]. Commercially the only way to restrict [your] graphics/paints/skins from being included is to have their original distribution [by you] accompanied by SPECIFIC reference to exactly that. 'Derivative' is too vague to be actionable.

The same applies to the FSX [MS] EULA, however [if they want/are bothered to] they have lawyers who are paid to chase issue.
And yes, it DOES happen. The first instance I recall was a cease and desist by Apple. [you could have your Windows OS look like OSX before it was even released to the Mac].

Re the use of a DMCA ....it's a paper tiger and will ONLY work where the site's owner/management is suitably responsible/reasonable....and in the 'right end' of the world.
Good luck if the site's hosted in Russia or China..... however I did once get the better of a Russian 'ripper' posting some of our [Wincustomize] work to the Opera [browser] website.... after chasing the guy direct with no luck [he claimed no-comprendi] I went direct to Opera....different country...better result.

In a lot of cases a better solution than the DMCA acronym is the DOS one. A large percentage of this Internet simply does not care....;)


My real-life experience is Architecture since 1972 [and about now to retire - YAY] ...;)
 
without even getting into the sales aspect, just out of fairness and decency I think the creators of the digital models should at least be given credit for their creations.
 
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