Hi, To make it clear again: trademarks are copyrighted mostly arround the word. At least in USA and good old europe.
Inproper use of trademarks is not allowed. How this "inproper use" is defined is different in many countries. USA has the "Fair Use" thing, but this isn't accepted in other countries. Often it just depends on the court where a case is taken to. As I said, I photgraph in my free time and I'm a webmaster of a s,all group of a life saving organisation as well. So I think I know a bit about copyrights and personality rights. My answers: > I'm going to set you all a simple multiple choice test - > pay attention > because I'm only going to say this once: > > 1. I take a digital photograph of you. Who owns the > copyright of the digital > images produced? > > A. Me > B. You A. But: in germany as an example Me, as the one who is phtographed has the a right on this picture as well. Means, if the photographer want's to publish the picture of me, needs my permission. Similar thing you will find in other countries as well. > > 2. I take a digital photograph of you standing next > to your car. Who owns > the copyright of the digital images produced? > > A. Me > B. You > C. The motor manufacturer A. > > 3. A professional photographer stands in my place and > takes a digital > photograph of you standing next to your car. The images are > almost > indistinguishable from mine. Who owns the copyright of the > digital images > produced? > > A. The professional photographer > B. Me > C. You > D. The motor manufacturer A > > 5. I make a drawing on paper of you and your car from the > same viewpoint. > Who owns the copyright of the images produced? > > A. Me > B. The professional photographer > C. You > D. The motor manufacturer A > > 6. I make a drawing using Photoshop or similar of you and > your car from the > same viewpoint. Who owns the copyright of the images > produced? > > A. Me > B. The professional photographer > C. You > D. The motor manufacturer A > 7. Do I have to ask permission of the motor manufacturer, > the professional > photographer, or you to make or to publish my work on the > internet? > > A. No > B. Yes B. You have to ask me. > > 8. I got there first. Does the professional photographer > have to ask my > permission, or the motor manufacturer or you to publish his > work? > > A. No > B. Yes B. He has to ask me to publish the picture taken of me > > Right. Hands up anyone who answered anything but straight > As. Oh dear - in > Germany apparently I must seek permission from the motor > manufacturer. I > expect BMW are very busy handling all the requests. That's > probably why they > can't fix mine ... but that's another saga. That's wrong. In germany and in other countries you don't have to ask the motor manufacturer. It's a thing without any personality. But you have to ask the owner of the car unless it is not just decorative part of the image. This belongs to the called "Panoramafreiheit" aka http://en.wikipedia.org/wiki/Freedom_of_panorama. As long I'm standing in place which can be reached free and with common possibilities, (ladders doesn't belong to this) I can taken photos of groups of peoples, buildings and things and publish without any ask for permission. If I take a photo from places not open to the publicity or can't be reached free without help of anything like a ladder, I have to ask for permission from the owner of that thing I want to photograph. Mostly An exception are aerial photos- you are allowed to take aerial photos of any house, things, people etc. taken out of an aircraft. I may photograph any house, when I stand on the publicity street. When I stand in the front garden I may not without permission of the owner of the house or ground. > > Try telling that to http://www.airliners.net/ or > http://www.simmerspaintshop.com/ The first one doesn't make any problems, and the most photographers there at airliners.net does exactly know that what I told you above. The later one here is different. Trademarks are copyrighted- for an sim aircraft painting they have to be redone and recreated. This is what most trademarks laws not allows. As an example: ADAC tells me on their website that their logo and sign is trademark and copyrighted, and may not be used on other things without their permission. On avsim.com, the biggest repository for repaints for any flightsim including FlightGear, you can find many discussions about this issue. And indeed the serious repainters there indeed ask often for permission.... > Last question. Does Flightgear operate under different > rules or laws? > > A. No > B. Yes > C. In Germany No one knows it, and that's the problem. ------------------------------------------------------------------------------ Free Software Download: Index, Search & Analyze Logs and other IT data in Real-Time with Splunk. Collect, index and harness all the fast moving IT data generated by your applications, servers and devices whether physical, virtual or in the cloud. Deliver compliance at lower cost and gain new business insights. http://p.sf.net/sfu/splunk-dev2dev _______________________________________________ Flightgear-devel mailing list Flightgear-devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/flightgear-devel
