Illegal Copyright logos

[Wass124]

When making a scenery, aircraft, etc. Is it illegal to use names of companies like Boeing, NASA, McDonalds, Name of airlines, logos, etc? I am specifically talking about payware scenery. Also in order to use pictures as textures do you need licenses?


I live in the USA, So I want to know how this implies in the USA

 

[arno]

Hi,

Let me start by saying I am not a lawyer, so this is no definite answer.

I think if you follow the law to the letter that would indeed be the case. I have once been told that before we can model a building in FS we would officially need to get permission from the architect, since we are modelling a shape he has the copyright on.

But reality is less strict and for most companies it would be a sort of free advertisement to have their name/logo used.

I do not know if payware companies first contact the manufacturer/airline before they make a model of it. Could very well be, maybe somebody else can add to this.

 

[Brian Franklin]

Arno,

The depends on exactly who the Manufacturer or airline is. I know that Lockheed and American Airlines have vigourously pursued these 'copyright infringements' in the past. One of the reasons I never went ahead with a planned payware C-130 for FS9 a few years ago was Lockheeds attitude to allowing me to do so. The license they required for me to do so was extremely prohibitive.

Brian

 

[Bambi_007]

Here in Germany is not allowed Football Logos to use.

Bayern München and 1.FC Schalke 04 have forbidden me to use the Logos.
(I wanted to make some Liverys)

 

[khaos_56k]

My two cents...

I have heard that a few years ago a Canadian development team attempted to get permission to model and include Bombardier's facilities at CYYZ. They were threatened with legal action so although CYYZ is a near perfect airport addon... and entire area of the airport is just... bare.

My local airfield has a few "globally popular" fast food restaurants and "nationally recognized" retail stores that are in the vicinity and would greatly add to the future scenery as well as aide in VFR. I will model them as they are in real life (free advertisement as far as I'm concerned) BUT, if I receive any legal request or threat, I'll remove the "offending" scenery and replace them with my own design of restaurants and stores.

And, as Arno, I am not any one to give legal advise, but I will say that it seems the method of litigation starts with a "Cease and Desist Order" or letter from an attorney.

I personally think that most corporations would not care unless you plan to make money without including them. I also think, and have found out personally, that if you contact them to request their permission to use their logo that it's a 50-50 shot: No response or a flat out denial. On every request I've ever made I've received no response.

And that's my two cent...

 

[beatle]

It also depends on how big you are - Microsoft, the company that everyone loves to sue, had to get licenses for almost everything included (which is why we don't have real world airline liveries). This included Bell, Boeing, Bombardier, Red Bull, Airbus, etc. I don't believe we got licenses for every custom building though (lucky we didn't get sued by any architects :-> ).

 

[n4gix]

It also depends on how big you are - Microsoft, the company that everyone loves to sue...

I remember a joke from a few years ago that there was some serious thought given to creating a new Federal Court District solely to handle the litigation directed to/from Microsoft...

 

[Wass124]

I have few more questions. What about big companies like aerosoft or justflight do they need licenses for all that stuff?

Also what if you find a picture that you really like online. Can you use it as a texture without getting in trouble?

Has anyone ever been sued or prosecuted in the flight sim addon business for copyright issues?

 

[Bambi_007]

Any Picture in the Net have a *Copyright*.
Some sites you will find there have *Free Stuff* and is under
EULA or you can use it like you will.

 

[FelixFFDS]

I have few more questions. What about big companies like aerosoft or justflight do they need licenses for all that stuff?

Typically, yes. I do know, for example, that the releases from Abacus are licensed by the respective licensing organizations.

Also what if you find a picture that you really like online. Can you use it as a texture without getting in trouble?

Facetiously speaking, yes - if you don't get caught.

However, like Sandra says, online images may be covered by a copyright and terms of use. In some cases, you may use them without limitation. In other cases, ....

Has anyone ever been sued or prosecuted in the flight sim addon business for copyright issues?

Actual litigation, going to court, etc? Not to my (very limited) knowledge, because usually a cease and desist order (or just a strongly worded email from the license/copyright owner/company to the offender) will do the trick.

 

[arno]

Also what if you find a picture that you really like online. Can you use it as a texture without getting in trouble?

I would try to contact the author and ask his permission to use it.

A nice source of images that often are free to use is Wikimedia Commons.

 

[Au-MaV]

Actual litigation, going to court, etc? Not to my (very limited) knowledge, because usually a cease and desist order (or just a strongly worded email from the license/copyright owner/company to the offender) will do the trick.

Hey Felix
I know of at least 2 instance where its ended in court, admittedly its big software companys that have already released software
here's one
http://news.justia.com/cases/featured/texas/txndce/4:2006cv00841/162693/

na its better to just boycott these aircraft manufacturer's/company's
or release all there aircraft ect as freeware(wonder how long before that gets attacked as well).....
look what royalty/licensing agreements did to the plastic model industry and model train mob
(they have also started on the RC crowed as well)

That said Im wondering if because Microsoft has already licensed some,would not a developer needing said sim to render their work be covered ?
Wozza

 

[mdm248111]

Also what if you find a picture that you really like online. Can you use it as a texture without getting in trouble?

CGTextures.com is a good one. I think you may have to give a like a source in your readme but you can use them free of charge on payware stuff.

 

[jonmkj]

Here are some general rules that I have discovered in working with logos, although there are always exceptions so I would always check with the owners anyway.

1. Smaller local aviation related businesses, for example Spitfire Aviation or CharlotteJet at KJQF, will typically let you use their logo, because they themselves usually indulge in FS adventures from time to time, and would love to see their own thingy in FS. Plus it's free advertising for them!

2. Larger aviation related businesses like Cessna, etc... will give you permission, you just have to go up through some big channels.

3. Anything anything ANYTHING NASCAR related will shoot you down pretty much instantly, unless you really know somebody high up. I know somebody that knows somebody high up in one of the specific companies that shot me down, so hopefully the decision made by the middle men will be reversed. The racing guys are overly obsessive about their logos and brands.

4. Non-aviation related businesses that have hangars or something at an airport with their logo on it, it's hit and miss. A lot of them really don't want people modeling their hangars in the first place, for privacy reasons and such. Not much they can do about THAT, just don't stick their logo on it. Although it begs the question why they would have their logo on their hangar to begin with.