Hosting Content by another author.

klambert

Ca Plane Pour Moi
I'm wondering if it would be an infringement of copyright law if I were to host a piece of content on my website, that although it isn't mine. I were to give full credit to the original author who created it and I wouldn't make any modifications to it at all. Please note I won't be uploading it onto the DLS, it'll probably be hosted on something like Mediafire or on Webs.com.

The piece of content in question is a, much sought after model, and it's only available from one quite obscure source that I don't think is affiliated in anyway with the original author. I think it would be useful addition to trainz if the model were far easier to get hold of.

Please note the model doesn't have a content license field, or it doesn't mention anywhere anywhere in the description the models usage rights, neither does it mention anywhere, how the author can be contacted, except for one website that is now defunct. I think under official Copyright law, that means the model is freeware. But I'm wondering what the trainz community thinks of this and if it were ok for me to host the model on my website.
 
I'd be looking to the DLS cleanup policy of what to do when an author can't be found for an asset that needs upgrading or repair.
I'll stand to be corrected here, but I believe there has been discussion on that issue.
 
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I'd be looking to the DLS cleanup policy of what to do when an author can't be found for an asset that needs upgrading or repair.
I'll stand to be corrected here, but I believe there has been discussion on that issue.

Even if there has been discussion on the issue, it would be much appreciated if perhaps some clarity on this subject is provided in this thread too. I really don't fancy trawling through hundreds of forum posts to find an answer to what is I think a relatively direct question. Isn't the very purpose of a forum to ask questions, even if they maybe repeated occasionally?

All I can find on the about the Cleanup policy, as a small paragraph about it on the Mytrainz page and on the trainwiki page which contains the following "The content creator will be given the option to provide a fixed version of the content within 8 weeks." Although I feel this doesn't apply to my circumstance as I'm not going to be modifying their content for use on the DLS, this is a rather different circumstance. Becuase the model isn't hosted on the DLS, I don't think it would fall within the N3Vs policies.
 
But it's not on the DLS so the DLS Cleanup policy is not in this case applicable. Freeware, see below, only means that the item is free to use, it does not give redistribution rights, editing or reverse engineering rights, for that you need express permission either from the creator or from the license, if not stated in the licence that redistribution is allowed then you have no permission, if there is no license then likewise no permission has been given.

From Wikipedia https://en.wikipedia.org/wiki/Freeware

Freeware is proprietary software that is available for use at no monetary cost. In other words, freeware may be used without payment but may usually not be modified, re-distributed or reverse-engineered without the author's permission.

I'd stay well clear as it may well come back to bite you, it's not unusual for any software when copyright is infringed, for the creator even if they are not obviously active or contactable to find out and take action.
 
Please note the model doesn't have a content license field, or it doesn't mention anywhere anywhere in the description the models usage rights, neither does it mention anywhere, how the author can be contacted, except for one website that is now defunct. I think under official Copyright law, that means the model is freeware. But I'm wondering what the trainz community thinks of this and if it were ok for me to host the model on my website.


A common misconception; "Freeware" does not mean that you are free to do with it as you please. When something is freeware it just means that you don't have to pay for it. All copyrights that are awarded automatically by the creator's country still apply.

So unless you can get a hold of the creator I would say; yes, it is an infringement of copyright law. Now whether or not you can get away with it is a different story.

peter
 
Please note the model doesn't have a content license field, or it doesn't mention anywhere anywhere in the description the models usage rights, neither does it mention anywhere, how the author can be contacted, except for one website that is now defunct.

Copyright rights are awarded automatically on publication. The author does not have to claim copyright. The lack of any comment about giving up the copyright rights means that the author has retained those rights, so it would be an infringement on those rights to publish the item. Why not just publish the link to this 'obscure' site?
 
The piece of content in question is a, much sought after model, and it's only available from one quite obscure source that I don't think is affiliated in anyway with the original author. I think it would be useful addition to trainz if the model were far easier to get hold of.

Steer clear. Based on your description, which is all I have to go on, it could very well be pirated itself. Unless you know first-hand that the site has permission from the author to post it, there is probably a reason why the author has nothing to do with it. Most content creators try to maintain at least some affiliation, at least at some point in time.
 
Thanks chaps, I'll steer clear then, although I'll try and find a way to contact the author. Incidentally the author in question is 'squeak' of the now defunct crazy sheep creations site. If anyone knows how to contact him it would be much appreciated.
 
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