Does the community frown upon using actual individuals in 2d or 3D form without their consent? Even if it's for non-commercial use? I would think so. There is one fellow I'd like to use and have already created, but I'm waiting to see if I can get his or his lawyers permission to use him and share images before I have to stand before the courts and explain myself haha. He's a pretty popular hobo and public figure in the USA.
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Rory -
Tough question.
My granddaughter wants me to put Harry, Ron and Hermione into the Hogwarts Express.... since they're actors, I'd say not a problem.
Someone who's a public figure? Probably fair game.
Random people you find on Google Streetview? Not cool.If you like what you see here at Trainsim.com, be it the discussions and knowledge in the forums, or items available in our library, I hope you'll consider a paid membership to help support keeping the site operating.... Thanks! -
If you're interested, the person is Mark Nichols aka Shoestring. He runs his own Youtube train videos with a few thousand followers. I'd love to have him in routes. I've already made his 2d image, and 3d shape files of his backpack and his UP bucket he carries with him. I put him standing next to the tracks in all good faith. I know hobos get a bad rap, but Mark has had one heck of a lifestyle, and I'd like to add him digitally. I wonder if anyone knows him or is in the same area of Kentucky as he his. Mark's hard to reach because he's always out somewhere lol.RoryComment
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Rory, I suspect you could eventually reach him through his channel on UToob... "Hobo Shoestring" -- shouldn't be too hard. Go to the "About" button. Truthfully, this particular hobo seems like a very commercial enterprise version of a 'Bo. My opinion is that he shouldn't be shy of a little more publicity.
He has his own store >>> https://www.shoestringarmy.com/store/Cheers, Gerry
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Nah, having seen that now, he's fair game as a public figure if he's promoting his own image like that. If he complains, take it down and respect his wishes.If you like what you see here at Trainsim.com, be it the discussions and knowledge in the forums, or items available in our library, I hope you'll consider a paid membership to help support keeping the site operating.... Thanks!Comment
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I saw for a bit there, health wise he wasn't doing well, but I see he is back in action. Haven't come across him in my travels, but without a doubt he probably has been around unnoticed when I worked in Vermont. I've seen a couple of ride along videos on youtube..-Shawn K-
MEC Mountain Subdivision - Trackwork 70%, Scenery 35%
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Hang on there partner....
Some things need to be thought about long and hard, and you have our friends in legislative capacity to "thank" for this.
Some figure, might be public, where you would say, Joe Biden, yeah a public figure, I should be able to put him standing in an open box car door inside of ORTS.
The rub comes from, where did you get that photo of Joe Biden from? DId you take his picture? Leaving aside whether or not he gave you consent to put him in ORTS, you probably could if it was your picture. But YOU took his picture, therefore by copyright law, it is your work and you can use it as you see fit.
Many times I find myself on Wikipedia, and come across some article that has a reference to some person, yet there is no photo that is public domain to use, so there is no picture. Even though said person has passed on. If you are going to harvest certain characters from a movie, which is of course copyrighted, as an example the Harry Potter series, using their photos in character from the film would violate the DMCA and copyright, especially if you made that photo which is now a texture for ORTS public. I did not make these laws. But the "fair use" idea has been steamrolled by large media corporations into oblivion. Intellectual Property has been mangled into Idiotic Paucity.
Perhaps with all this deep fake/AI stuff might provide you with a way to synthetically construct the characters you want, but even that much seems to be on the radar by large media corporations to be stamped out of existence.
SteveComment
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I briefly had a screenshot of Shoestring up, but I deleted the post. All I need is an IP lawyer slapping a suit on me. I suppose it would be better to create a generic 3D cruddy makeup of a similar person and avoid any legal hassles.RoryComment
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One reason over in The "Railfan Area" when I upload a video & I'm certain of Its Engineer or Conductor's Name & Very Popular with The Area's Railfan Community being aboard ( usually by Social Media or seeing in Real Life ), I'll just say,"Well-Known" by Title unless they've given me Permission to use Their name. Yet, plenty of others have used Their names plenty of times on others. Respect ( & Lawsuit type thing ).Last edited by marklester01; 05-31-2023, 02:58.Comment
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How is a screenshot any worse than a meme?
The only way a lawyer makes money is if you made money off your use of their client's likeness. Which these days is quite doubtful.
The worst thing that will happen is a takedown request. I don't recall one ever hitting us here in my ten years, but I did once get a nice request to clear out some questionable webpage links in a user's signature that went to a domain someone else had since bought....If you like what you see here at Trainsim.com, be it the discussions and knowledge in the forums, or items available in our library, I hope you'll consider a paid membership to help support keeping the site operating.... Thanks!Comment
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