Copyright - Addon Makers Be Aware

[Colonel_Klink]

Ok just thought I'd bring this to all addon maker's attention.
Today I received an email from the CEO of the company that manufactures the real Tiger Gunboat. It was about the use of copywritten material about their product. At first I though 'oh s***', lawsuits, imprisonment and tons of other things. I explained my position and how the use of material was not intended to breach copywrite and the gunboats were created because I liked the concept.
His reply was positive, and I now have pemission to post what I like about the Tigers. He also has become quite interested in the OFP game as well. And is willing to provide me with more technical information about his product which could be implemented in the addon.

That is good news for me, but it gave me a wake up call on the possibility of legal action if we don't seek permission to use material.. I think that is the reason why BIS didn't make the BMW? Aston Martin? (correct me if I am wrong). I can't imagine Boeing, Ford, or the US Armed Forces suing.. but you never know.

So expect a newer version of the Tiger soon with more features. Cheers
Bob

[asmodeus]

THat's interesting...

Thanks for the heads up!  

My question is...  How can they sue you if you aren't making money off of it??  

Asmo

[KTottE]

You don't have to sell something for it to be a breach of copyright.

[Gastovski]

hmmm... well recently i have seen people making addons without the original consent of the people who made the models... Then having the cheek to say they made em, thats what I would define as suable...

[Sefe]

Brands like BMW, Aston Martin etc. are not touched by copyright law. They are subject to trademark law (which like the copyright law belogs to intellectual property law). The same applies for models, eg. the exterior of cars. They can either be trademarks or so-called design patents. As soon as you try to earn some money using trademarks or design patents without the consent of the owner (which may include a license fee), you violate intellectual property law. As far as trademark law is concerned, it usually covers the commercial use of trademarks. For non-commercial use, trademark law is less applicable which means that you have more options for non-commercial use than for commercial use, while trademark law still does apply.

[Tomb]

sheesh, you are SÃ- wise seffy!  

(I mean it  ;D )

anyways, cheers k(l)inky   neat info, m8  

Now I just sit & wonder if I will get my ass burned by 1200 tatto studios within a few weeks  

[icarus_uk]

While Sefe is very true, its doesnt mean a company cant still royally spank you for using their material, even though you arent making any money.

[KTottE]

If there are no legal grounds for them to give you a royal spanking, they can't do it.

[icarus_uk]

Im saying they CAN give you a legal spanking, because they DO have legal grounds to give you a spanking!

Ive seen lots of "modders" work been stopped because of coparate intervention.  A SWAT3 mission called "Nakatomi Plaza" was ordered to be removed from hosts by Warner Brothers because it was based on the Die Hard film.  Coka -a Cola ordered another map be removed because it was based in a Coke warehouse.

You dont need to be making a profit from somthing for you to be breaking the law!  And yes, you are breaking the law!

[dmakatra]

That sux! You ainÂ't hurting anybody, itÂ's more like some kind of commercial. Companies pay sometimes to get their name in an product (like movies).

Heck! They should GIVE you (and hopefully me soon) money for this!

And who cares if you are building an addon with a new modern war boat for example? ItÂ's just another dumb and stupid reason to earn money by suing! Like that guy in McDonalds once! He burnt his finger on his hot drink (I donÂ't know how to spell, but I think itÂ's cofee) and he sued MCdonalds for millions of dollars! Totally sick!

[Sefe]

You dont need to be making a profit from somthing for you to be breaking the law!  And yes, you are breaking the law!

The law is too complex to give easy answers like this. In it's generality, this statement is simply wrong. I can only warn you to take some isolated cases and turn them into a general rule. Each case is different and until you don't know the full details, you simply can't turn it into a leading case for all other cases that look slightly similar. Sometimes a tiny difference can make a case turn out the opposite way.

And, by the way, icarus, have you actually read the pertinent prescriptions? Or what makes you so sure that you break the law? No lawyer would tell you that you'd break the law without a) having enough information about the circumstances and b) either knowing the law or having researched it.

[icarus_uk]

This isnt exactly the first time a question of copyrite has come up.

http://www.google.com/search?num=50&hl=en&lr=&ie=UTF-8&oe=UTF-8&newwindow=1&safe=off&q=%22understanding+copyright%22&spell=1

My suggestion is that you read up.  Like I did.

[dmakatra]

Ehm, ur link worked perfect icarus

[Skaven]

I don't know much about the LAW, specially not as much as Sefe does, but I see no wrong in making addons, after all we give them publicity and that shouldn't be bad.

Also a lot of addon makers are less than 18 years old, the chances of a large enterprise to be acusing an addon maker for making models for public use are very small if any, I wound't worry much about it, also it will be hard for them to know who we are or where we are so that also will make it difficult and than again each country as it's own LAW so don't tell me an American eneterprise is gonna acuse an 16 years old Chinese kid for making models to play with them and share it with some thousands.

It's possible yes, it happend to Colonel but it's a singular case in millinos so I wouldn't worry much about it guys  

[dmakatra]

Puh! I have two saftey lines now:

1st, IÂ've got 6 years before I can get caught (yes, yes, shut up, I know, I am a baby in yer eyes!).

2nd, I live in Sweden.