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Custom Repainting for Fees (Read 623 times)
Jan 27th, 2005 at 8:39am

edzmen   Offline
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Hi,

A question for all you legal-types out there:

"An indevidual or orgranisation cannot charge fees to repaint Freeware aircraft in custom schemes for any indeviduals wanting to pay for such a plane, if the original creator of the model has relased it as 'non-profit'."

Is this the case - and is custom repainting for fees against the law?

Many thanks for any advice or help on the topic,
Ed  

 
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Reply #1 - Feb 23rd, 2005 at 1:30am

Skligmund   Offline
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Where did that quotation come from, and I'll tell you.
 

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Reply #2 - Feb 23rd, 2005 at 10:22am

igorski   Offline
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At a guess i'd say he just came up with it to be clear about what he's asking, that right Ed? Also, I hope its not illegal as I'm in the middle of a large batch of work for someone now...  8) Essentially I'm getting paid an ammount per repaint for my time and effort.
 
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Reply #3 - Feb 23rd, 2005 at 10:44am

|| Andy ||   Offline
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I hope it isnt against the law.  Grin Grin Grin Grin
 
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Reply #4 - Feb 23rd, 2005 at 3:59pm

Skligmund   Offline
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In the U.S. it is not, as long as you are charging the person who is paying money your time, and not the finished product.

So if asked by a laywer or anybody else, you did sell the new paint job, but rather you were payed for your services to complete a task for somebody.
 

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Reply #5 - Feb 23rd, 2005 at 4:02pm

igorski   Offline
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lol ok  8) anybody know for anywhere else? and does it depend on my location, the recipiants location, or both?
 
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Reply #6 - Feb 23rd, 2005 at 4:40pm

Felix/FFDS   Offline
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THere are two issues here.

If I release a model and textures for freeware distribution, and someone pays someone else to repaint it for their personal use, although violating the spirit of freeware, it's an interpersonal transaction (why would someone pay to create a repaint of a freeware model/texture is another story)

Now, if that person in turn starts SELLING that model with the repainted textures (or just the textures), then I'm going to be highly unmotivated to contintue producing freeware, AND I might consider taking legal action because that person is taking my intellectual property - my model and the original textures from which the repaints were done - and profiting from it.

Note that the argument that " the textures were repainted and therefore not your creation anymore"  doesn't hold, because to get to that point you HAD to have used/changed my original textures - as mapped specifically for that model.

 

Felix/FFDS...
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Reply #7 - Feb 23rd, 2005 at 4:57pm

igorski   Offline
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quite so, and I have no intentions of taking another designers models and seeling them as my own, or otherwise.

Quote:
why would someone pay to create a repaint of a freeware model/texture is another story


You pay for gaurenteed quality  Wink lol how big headed does that sound  Tongue Send me to a corner with no supper...
 
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Reply #8 - Feb 23rd, 2005 at 4:58pm

Merlin66   Offline
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I agree 100% with Felix (as always!)
A freeware design IS a freeware design. No cost.

The original author should be able to control the use of his/her model for subsequent repaints and out of courtesy the proposed re-paint should be discussed and agreed with the original author prior to uploading.

IMHO only the orginal author can rightfully convert a freeware model into a $$$ commercial model.

Paying someone to re-paint a model for you then to use it for your own personal use is something else.

I'd hate to see someone do a re-paint for one of my YAS spitfires and then sell it as a commercial package. I'd get really p****d off.
 

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Reply #9 - Feb 23rd, 2005 at 5:03pm

igorski   Offline
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I dont agree with plain selling repaints freely, but if someone wants to make me an offer to cover the time I spend doing specific repaints for them, then I think thats acceptable.
 
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Reply #10 - Feb 24th, 2005 at 3:50am

|| Andy ||   Offline
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Yeah,
but if u were to only supply the altered textures, i doubt thats illegal
 
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Reply #11 - Feb 26th, 2005 at 10:40am

Hagar   Offline
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I know little of the legal aspects but I have to agree with Felix.
Quote:
If I release a model and textures for freeware distribution, and someone pays someone else to repaint it for their personal use, although violating the spirit of freeware, it's an interpersonal transaction (why would someone pay to create a repaint of a freeware model/texture is another story)

I've been offered money to create aircraft in the past. My reply is always the same. It's illegal & my work is not good enough to sell anyway. I do this for my own amusement & satisfaction. 

Charging a reasonable fee for your time might be different providing it's for someone's own use & doesn't infringe the author's wishes. I prefer to show people how it's done & encourage them to have a go themselves. In the case of VAs they should try to enlist the services of one or more of their members & give them official titles. They seem to have titles for everyone else in the organisation. I also think that before anyone thinks of charging a fee for doing anything it should be to an acceptable standard.
 

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Reply #12 - Feb 26th, 2005 at 10:58am

igorski   Offline
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I'm hoping to go to university next year, so if someone offers me an amount to do repaint(s) then i cant affiord to say no  8)

Quote:
I prefer to show people how it's done & encourage them to have a go themselves.

I'll help folk out where I can, but teaching is one thing I am really bad at  Tongue

Quote:
I also think that before anyone thinks of charging a fee for doing anything it should be to an acceptable standard.

Without wishing to blow my own trumpet, I think my work is of a suitably high standard  8)
 
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Reply #13 - Feb 26th, 2005 at 11:04am

Hagar   Offline
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Quote:
I'm hoping to go to university next year, so if someone offers me an amount to do repaint(s) then i cant affiord to say no  8)

Just one point. Anyone thinking they can make a profit out of this is misguided. IMHO
If I charged a realistic price for what I do completely free of charge nobody would be able to afford it.
 

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Reply #14 - Feb 26th, 2005 at 11:10am

igorski   Offline
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quite true, you can never ask for anything extortionate, but as my monetry costs are £0, the profit is 100%. The only cost is the time I spend working on projects,
 
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