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Design Studio uses my Skins to promote their work! legal?

Discussion in 'Chit Chat Room' started by Stadtaffe, Apr 6, 2016.

  1. Stadtaffe

    Stadtaffe Hardcore Simmer

    Hey Guys,
    as some of you know i produce some skins for AC in my freetime.
    You can find some of them in my thread: Stadtaffe's Skins

    Some time ago i found a designpage on facebook and discovered a picture of the two 2013 audi apr daytona liveries. I directly thaught there is something wrong.
    I compared them with my apr skins and look there: those are mine. The #52 has a mistake on the roof: the white forms are missing.
    also every other sticker looks exact the same and is in the same position as on mine ( i'm sure that is not a coincidence).
    The first pictures he released on his fb are from the 28th of february, i released my skins on 13th of february o_O

    I wrote with the guy and told him to remove the pictures. He did on fb but on his homepage he still uses that picture.
    He says that he has the permission from apr to use their liveries.
    And i don't have their permission to use and release copyrighted things from apr.

    What do you think about this? Is it ok to use others work to promote his own studio?
    Would like to hear what kunos thinks about this. He uses their 3D model (i'm sure without their permission).

    This situation demotivates me a bit, because i do that for free in my freetime.
    And then others use it to promote themselves and make money with it.
     

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  3. Ferdi

    Ferdi Hardcore Simmer

    Afraid that he's not doing anything illegal.

    You don't hold the rights to the livery and therefor you can't grant permission for others to use it. That you replicated someone else's work doesn't make it yours either, as harsh as it sounds (it's appreciated though!).

    The moral side of it is wrong ofc, he's being a bit of a douche by using other people's work to promote his own.

    I would contact APR and see if they could help you and see if he did in fact ask for their permission.
     
  4. Minolin

    Minolin Staff Member KS Dev Team

    wich brings you to the correct direction:

    And here comes the @Licensing Master . The AC Pro with moddable content isn't that cheap, so probably not ^^

    I totally feel with you, but honestly you shouldn't care. As a private person you're almost unable to enforce copyright claims, although painting (e.g. liveries) is a worth a copyright (which you ofc. violated in before).

    If you throw modded content to the community, always be sure that you can live with
    a) nobody cares
    b) support suddenly is gone
    c) you don't gain any social status
    d) somebody else does copy/continue your work and gets all the chicks

    Not a rule of course, but it makes you more happy.
     
    Festa_PWR likes this.
  5. formulaHEINE

    formulaHEINE Hardcore Simmer

    It could be illegal, if he uses a ripped 3D model of the Kunos R8 LMS with the same UV mapping to render his images. I doubt the AC mapping of the R8 LMS would fit on an other 3D model, unless he and Kunos use the same source. But this might be a way.
     
    PhenOm likes this.
  6. PhenOm

    PhenOm Alien

    As people above suggested, I'd make sure to get in contact with marco or someone else of the dev's to make sure using Kunos' 3D model is legal (for that dude).
    You aren't doing anything wrong since you're just recreating the livery (without taking any payments for it/selling it).
    Sadly enough, sometimes you have to deal with people that have the moral of a peanut. But if it's illegal to use Kunos' 3D model Karma will eventually get him. ;)
     
  7. LeSunTzu

    LeSunTzu Alien

    Legally speaking I doubt you are right. For exemple if somebody makes a remix of the Rolling Stones without their consent, they may prevent its diffusion or claim damages, but certainly not use the remix as their own work.

    @Stadtaffe - I'd suggest to ask him to credit you for the skins on his homepage.
     
  8. Ferdi

    Ferdi Hardcore Simmer

    Which is exactly the point. Stadtaffe never had the rights to begin with, so legally speaking nothing can be stolen.
     
  9. Stadtaffe

    Stadtaffe Hardcore Simmer

    I am aware of this and i have no problem someone use my skins ingame and to take pics.
    But to promote someone else o_O? I said to him if apr has a problem with my skins, they can easily contact me, maybe i will ask them.

    I don't want to be credited by this guy. He uses some dubious sources and steal work from others.
    This guy wants to be a professional designer o_O. i doubt it.
    he gets all the fame through a better known designer.
     
  10. Epistolarius

    Epistolarius Alien

    Well, I'm a bit confused how this VRDDesign studio can advertise their livery in alleged contract by APR Motorsport (Or APR Deutschland as it says on their homepage) if they advertise their work with a livery they quite apparently didn't make. If they're contracted they have the data already but apparently they used Stadtaffe's skin at least for this render as the real car indeed has some differences.
    http://www.goapr.com/media/photos/72157607600950914/8388896829/Original/

    Something's definitely iffy here, even apart from the stealing the livery thing. I wonder if APR knows that this studio claims to have made their livery.

    Have to fully agree with the licensing issue, there's nothing that can be legally done about your reproduction of something you didn't own licensing rights of in the first place.
     
    Last edited: Apr 6, 2016
  11. Stadtaffe

    Stadtaffe Hardcore Simmer

    He wrote me that he has the permissions from the original designer to use their skins and their designs.
    So no, he isn't the original creator of those skins.

    Edit: I recreated both version (the "preseason" and the offical used in the race). vrd used my version of this one:
    http://www.eurocarnews.com/media/pictorials/2594/16521.jpg
     
  12. Epistolarius

    Epistolarius Alien

    So they're still advertising their work with something they didn't make. o_O
     

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