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Google 3D Models - Sketchup Model - Copyright Question

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ca-britishcolumbia
122_2011_nov_26_002.jpg


Can some of you folks give me advice on downloading models from the Warehouse and using them in FSX.

I know that I can download and convert and use an object for my own personal use. And, in some cases I have been able to email authors about using objects and they are generally pleased to acknowledge and agree to their use in freeware scenery for FSX. Some object authors have notices about just being informed of any use of their objects. Some actually have a copyright notice for their object.

But many have not indication of any copyright and the author has no profile or active way to contact them about a request to use their object.

I am not clear on the "rules", "policy" or agreement on using/converting objects and using them in FSX scenery and the ability to upload as freeware objects that have been downloaded from the Warehouse. So what if an object has no indicated concern of its use, there is not profile for the author, and no email available.

Can a person download objects and use and upload in freeware scenery if it is not possible to contact the object designer?

Here is a screen shot of the Metz German Gates with I downloaded from the Warehouse and converted and located into FSX. I can not seem to get in touch with the author of the object. Is there any problem with uploading this scenery as a freeware scenery on the usual sites when there appears to be no way to contact the author?
 
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rhumbaflappy

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Neither FSDeveloper or it's members can give you legal advice.

Generally, I will tell you that you should avoid using other people's work, in any scenery you want to distribute, unless you have their expressed permission... in order to protect yourself legally.

What you do on your own computer for your own enjoyment is your own business, if you do not distribute it.

The 3D warehouse has a Terms of Service page you might try to interpret... but good luck as references to "content" are a bit conflicting.

Dick
 
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ca-britishcolumbia
Neither FSDeveloper or it's members can give you legal advice.

Generally, I will tell you that you should avoid using other people's work, in any scenery you want to distribute, unless you have their expressed permission... in order to protect yourself legally.

What you do on your own computer for your own enjoyment is your own business, if you do not distribute it.

The 3D warehouse has a Terms of Service page you might try to interpret... but good luck as references to "content" are a bit conflicting.

Dick
Thanks Dick.

That's what I was thinking as well. Read or tried to read the terms of service before I posted, I quite frankly I wasn't sure about what it was saying.

So unless I get something in writing, ie email saying OK then assume No that seems to be the mod of operation.

I think item 5.7 (3) covers what is pertainent
 

arno

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Hi,

This is a very interesting question, but as Dick already said we might not be able to answer it.

I have tried to read the Google Warehouse terms before and it seems they give you the right to use the models (even outside Google Earth). But it is not clear to me, so I would indeed try to contact the author to ask permission.
 
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3,278
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spain
This question is discussed here too http://www.fsdeveloper.com/forum/showthread.php?t=75792&highlight=sketchup
The question is if they can prevent you from release his model in a scenery, and if the fact it's be freeware or payware could make a big difference, don't know.
It's something that interest me too, because I have a scenery to release, and have a lot of objects from warehouse. I have a Wide "agenda" to contact his authors. anyway I try to include for sure the author in the read me file.at least.
 
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arno

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If it is a freeware or payware scenery does not matter when it comes to the license of data. The only benefit of freeware might be that people will give you permission easier.

In my opinion it is also not relevant if they can prevent you to release or not. It is either allowed or it is not allowed.
 
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ca-britishcolumbia
I have working on a slew of projects and drawing upon the usual freeware library's but find that there are things that I need and are not available and I would rather focus on making the scenery than making the objects.

The Warehouse has bazillions of objects which for the most part can be converted with some effort into usable objects.

To be save I have started a record of the objects and authors and developed a short template request for conversion and use in flight sim scenery and ability to upload as freeware. Many of the authors just said that I could use any of their objects not just the one that I was asking about.

I sent out 5 requests for use yesterday and have received 100% approvals to use unconditionally. Better safe than sorry. I really don't want to cause anyone any problems. It just takes considerable effort to cateloge which object your using, who created it and keep a record of the approval for its use.

I do notice that there are some companies that are making objects using Sketchup that are in fact noted as copyrighted, or lead you to their website where you can buy products or services. Some objects are not available for download as skp, kmz or collada.

I wonder if we could get a clear answer on ability to use these publicly available objects, convert them and include in freeware scenery without seeking individual approvals?

Bryan
 
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19
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ca-britishcolumbia
Supplemental Comment on Using Sketchup Models

I see this has been discussed before, sorry to duplicate the discussion.

At this point, I am tracking down authors and seeking approvals. As I upload sceneries I will acknowledge the authors work, the source and provide the library to others.

But, can you imagine an author getting multiple requests from us flightsim nuts asking to use an object when they have already approved it to someone else, this could become very annoying for the author.
 
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3,278
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Yes that could happen :D and would not like be him, you did well making a list, the first thing I thought was, damn I have to research again where I download the objects and take the author names,:D the live of the developer it's no easy.As you say don't should be problems with this matter, I only want to point this issue from a legal point of view, the law, anyway the worst thing that could happen to me would be someone could take my works and say that it's his work. :cool:
 

Sidney Schwartz

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us-oregon
About a month ago I uploaded to Avsim and Flightsim four libraries of objects that I'd downloaded from the SU Warehouse and converted. I didn't ask permission of any of the authors, but included in my uploads a list of the authors. I also inlcluded in the readme file a link to the Warehouse TOS and quoted this part of it...

"For the avoidance of doubt, you may modify, distribute, and create derivative works of Content uploaded by other users in 3D
Warehouse."

I of course didn't use any objects where the author specifically stated this was not allowed, and the models I've converted (airplanes and vehicles) are very unlikely to be using textures captured from Google Earth, which may be copyrighted and usable only in GE. So far I've not gotten any complaints from anyone, for whatever that's worth.

One thing I noticed on the Warehouse is that many people will take models designed by someone else and modify them. Sometimes the original author is credited, but often I'll see something like "thanks to whoever made the original model." Some models have been modified by several different people, again sometimes credited and sometimes not. Since uncredited modified models are not removed by Google, I'm taking that to mean that the above quote from the TOS can be taken literally.

Until told otherwise by someone, I'm going to continue to use Warehouse that do not use GE textures. There are lots of models that don't use textures at all and so should be safe.
 
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19
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ca-britishcolumbia
I am hovering on this same approach. Everyone I ask sends me an email saying no issues, do whatever you want.

I am finding that to get a full suite of objects for a particular scenery I might call upon a dozen authors.

Anyway I do have lots of approvals.

And yes I noticed that as I search for a particular thing I find some reissuing of objects. Heck I have even made modifications to suit my needs.
 

Sidney Schwartz

Resource contributor
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512
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us-oregon
I've modifications in some cases too. Somtimes to simplify the model, sometimes to correct errors the author made, and sometimes to create variations of a model in different colors. Even if I make modifications I give credit only to the person who uploaded it to the Warehouse. I can't be any more fair than that.
 
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19
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ca-britishcolumbia
Hi Sidney, interesting comments because I am doing exactly the same thing, I find that there are opportunities to make clean up modification, improve the texturing, decompile a model and make it into something similar but different.

My intentions are the same as yours where I draw upon a model, even if I make modifications I will make the original source known.

cheers.
 
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