Are we allowed to make paintkits for existing models and release them?

**TCX559K** · 07-18-2012, 08:26 PM

Hi guys,
I have a question here. I want to make a paintkit for the SGA DC-10 30, as the original is now nowhere to be found. The thing that's bugging me is if I upload it anywhere, am I breaching copyright things or violating something? It's just that if I make it myself (which would involve painting out another person's work completely- I've done it before, never uploaded it), can I then set it loose in the file library? I don't want to end up in trouble here. I just want the paintkits to be freely available. When people take them down, what good does it do? They get nothing out of it, and it prevents the rest of us from being able to make paints. Which is very irritating.
I have made my own paintkit before, but I never uploaded the paint I made using it, as I don't want trouble. What would happen if I did make a DC-10 paintkit for the SGA model and uploaded it? Can I release it as a custom one and not official?
If I can't that's fine, I can still make it for personal use and never upload the files, but I'd like them to be freely available.
I don't think it's fair to disallow these paints being made and distributed.

Apologies if this is garbled and repetitive. It's 01:30 in the UK and I'm very tired.

**1234plane** · 07-18-2012, 11:42 PM

I would contact the developer(s) and check with them first, just to be safe.

**garryrussell** · 07-19-2012, 12:15 AM

If it contains anything from someone else you need permission. Is it all your own work?..wheels, tyres, undercarriage details internal structure details, pilot textures?

What you shouldn't do really is ask here as it's up to the model author and no one else.

There is an SGA support forum here

**StringBean** · 07-19-2012, 01:49 AM

The EULA has a repaint policy and it states repaints can be distributed without permission.

I would think it is OK to release your paint kit as long as you acknowledge the original authors.

As long as you don't try to sell the paint kit you should be OK.

peace,
the Bean

**mage** · 07-19-2012, 10:07 AM

A paintkit is simply a (hopefully layered) image that happens to have components arranged in such a way that they might map onto an FS aircraft model (any aircraft) in a pleasing way. The modeller or original p/k author would potentially have a problem if anything at all from their work was re-used without permission. I explicitly give permission for my models because I'm useless at graphics work, I can arrange things on a texture sheet to make them map, but can't muster the skills to make a truly fine p/k that actually enhances the models -other people can, so they can paint without concerns in my case.

You obviously have to find what maps onto what, and to do that you would need to use the original p/k as a template (flatten it and give it 50% transparency, then arrange your own work to align with it, then delete the flattened original p/k. I really don't see how an author could have a problem with that, and for my money it would be quite unreasonable to force people to accept one version of a p/k. People repaint AI models, often the same livery, and users face a choice. People make p/ks and so on without explicit permission. There are exceptions, Fernano Martinez forbade repaints of his Fokker 70 AI model, forcing others to repaint using his released textures and making their own p/ks from that - and passing them around behind the scenes.

My own view is that it is slightly unreasonable for a modeller or p/k maker to prohibit other work that can use the model, provided no content is copied from the original works. It would be like Apple forbidding you from using an iPad as a drinks tray - if that's what you want to do and the consequences don't damage the machine and/or invalidate a warranty, why should they care? And why should competing drinks tray makers complain about this new source of competition.

For my money, provided you keep all the content entirely your own - new wheel textures, new metal textures, everything, there's no reasonable grounds for complaint from competing p/k makers or the makers of the model. I'd say that provided they don't explicitly (and unreasonably IMO) forbid people to make p/ks for a model, the way is clear. People will either decide to prefer your version or the old one, and that's not a modeller's decision to make.

Bear in mind that making a p/k isn't "using their model in a way they didn't intend". It might be compatible, and without the model would be nothing and thus depend on it, but it is essentially separate from the model if you made it yourself.

**TCX559K** · 07-19-2012, 11:34 AM

So I have to make everything entirely from scratch? Is that including changing the little uniforms of the pilots and the little rivets on the side of the fuselage?
And if I do that it should be ok to go?

**StringBean** · 07-19-2012, 12:05 PM

I do not see the need to recreate every pixel. Most any developer provided paint kit includes "common" bits and pieces like tires, etc.

And the library is full of repaints that use those "common" bits.

As long as you are clear in your documentation about what is and isn't yours, and you acknowledge the original author, you should be OK.

Have you tried to contact the developer?

They would be the final judge about what is and isn't acceptable.

peace,
the Bean

**TCX559K** · 07-19-2012, 12:40 PM

Originally Posted by StringBean

I do not see the need to recreate every pixel. Most any developer provided paint kit includes "common" bits and pieces like tires, etc.

And the library is full of repaints that use those "common" bits.

As long as you are clear in your documentation about what is and isn't yours, and you acknowledge the original author, you should be OK.

Have you tried to contact the developer?

They would be the final judge about what is and isn't acceptable.

peace,
the Bean

Not yet, as I'm not sure who the developer is. It's not Eric Cantu is it?