Opinions needed

[Jafo]

This is really amateurish stuff but I'm not sure I recognize FS models? I've never considered screen shots as art anyway. All the work has pretty much been done for you. All you did was press a button. Having said that taking screens is a lot of fun, but I would never try to sell them. That's an interesting copyright question. It's Microsoft's sim, someone else's plane (maybe), possibly some addon textures, so who has the rights? I wouldn't think the screen shot taker can claim creative rights, even if you change the background.

All a photographer does is 'press a button'...ergo in Photography 'all the work has pretty much been done for you' and thus is not art.

Actually, the exact-same situation applies with BOTH the photographer AND the 'screenshot taker'. In both, the 'art' is in the subject/composition/lighting/etc.

A GOOD screenshot is no different to a GOOD photograph. BOTH can have commercial potential.

With both digital art and physical art, you WILL come across actual posted restrictions of it's simply being photographed [copied] and distributed elsewhere whether commercial OR freely.

I've administered a website for the skinning of the Windows OS GUI since 2001 and am constantly dealing with the exact same issues as posted here. [ Wincustomize.com ] .... It's owned by Stardock [a Gold Partner of Microsoft]. Google 'Windowblinds' and you'll get an idea.

Typically the only viable option for 'managing' uploaded screenshots is for then to be accompanied by appropriate credit [to what's being displayed]. Commercially the only way to restrict [your] graphics/paints/skins from being included is to have their original distribution [by you] accompanied by SPECIFIC reference to exactly that. 'Derivative' is too vague to be actionable.

The same applies to the FSX [MS] EULA, however [if they want/are bothered to] they have lawyers who are paid to chase issue.
And yes, it DOES happen. The first instance I recall was a cease and desist by Apple. [you could have your Windows OS look like OSX before it was even released to the Mac].

Re the use of a DMCA ....it's a paper tiger and will ONLY work where the site's owner/management is suitably responsible/reasonable....and in the 'right end' of the world.
Good luck if the site's hosted in Russia or China..... however I did once get the better of a Russian 'ripper' posting some of our [Wincustomize] work to the Opera [browser] website.... after chasing the guy direct with no luck [he claimed no-comprendi] I went direct to Opera....different country...better result.

In a lot of cases a better solution than the DMCA acronym is the DOS one. A large percentage of this Internet simply does not care....


My real-life experience is Architecture since 1972 [and about now to retire - YAY] ...

[norab]

without even getting into the sales aspect, just out of fairness and decency I think the creators of the digital models should at least be given credit for their creations.