Assets and Payware

[Otterbear2]

This is the closest thing I can find to answer my question as to what I can include in a payware route.

Important note: When creating a package you must respect the
ownership of material created by other individuals or companies.
Under the terms of your end user licence, the assets provided with
RailWorks can be freely included in any package you create, but
other assets supplied by RailSimulator.com Limited or third parties
may not permit you to do this. RailWorks enforces this protection
by preventing you from including assets in your package that were
originally supplied to you with the protection flag set.

Hi everybody. I'm diving into route development, and I was wondering "What assets can I use in a payware route?"...Is RSDL- "RailSimulator.com Limited"?
If so, does that mean that I cannot use any of their assets/scenery/buildings ectra in my payware route?

Also, I have IHH listed as an asset-category. Am I able to use their assets in a payware route?

I haven't done a complete re-install but I believe these assets came with the game, and as such we are allowed to use them. Please correct me if I'm wrong.

[Darpor]

Basically, and I might be pulled up on this, you can include any assets that are provided in the "core" release. So these are the assets that appear without ticking any developer box.

Now, to get complicated. If the route is intended for Railworks only, you should be allowed to include the US assets and the recently provided Foliage Pack. If the route was built in RS then this would be a sticking point as both the US assets and the Foliage Pack were payware items for Rail Simulator.

Finally, by sticking to the above, you are not actually including anything, just referencing what is needed for anyone who downloads/purchases your product. When packaging the route in .rwp form or embedding the .rwp in an installer, you are only including the route files you create. You would need to physically add third party items in the packaging process in order to include them with the route package which would then cause copyright infringements.

Not sure what IHH is but I certainly don't believe it is default, maybe someone else can clarify this.

[GavNormandale]

IHH is slys class 20 loco, maybe other things also but that deffo comes under that tab

Gav

[Darpor]

Thanks Gav, there you go then, don't go adding IHH in the package manager!

[almark]

The Challenger is by Paul/Sly/IHH too.

[Otterbear2]

Hey thanks alot guys.
Yea, I did purchase The Challenger package, so I guess that was the IHH listing.

I have the following asset providers. But, I dont remember purchasing Castlerock separately. I thought those assets came with the original package.
Could someone clarify what providers are default(usable) and which are not. Thanks

[GavNormandale]

Castlerock is default to railworks, its the American route

Gav

[Otterbear2]

Thank You very much GavNormandele, and everybody for your help in this.

[Trainguy76]

Regarding payware routes, what is the standing with modeled businesses and using their actual names/logos?

[Darpor]

Permission would be required.

[PaulH2]

Regarding payware routes, what is the standing with modeled businesses and using their actual names/logos?

If you want to sell a product featuring their name (assuming it is trademarked, which for all major businesses, it will be) you would have to (try to) obtain a licence to do so, which the business may or may not be willing to grant and may or may not charge a fee for. This is why, in general, payware releases of rolling stock tend to have "representative" liveries for current operators at least.

But the basic way to proceed with anything you intend to charge for, is that unless you are absolutely 100% certain that something has been released for public use by whoever created it (i.e. you have it in writing in a readme, or from the owners website for example) then you have to assume it belongs to somebody and it is your responsibility to check with the owners before you proceed.

[Trainguy76]

So what if I have two models the ones that come with a route are un-logo'd and release a free "update" (like put it on UKTS or TS.com) that will take the un-logo'd models and make them logo'd.

[PaulH2]

So what if I have two models the ones that come with a route are un-logo'd and release a free "update" (like put it on UKTS or TS.com) that will take the un-logo'd models and make them logo'd.

It all depends on the company concerned. In some instances, you may well be able to do that, but technically, you are still distributing somebody elses property.

In general, you may be able to get away with it, as a lot of companies are less concerned about their trademarks being distributed without charge, however the owner is still entriely within their rights to ask you not to do so, so you should still seek permission unless again, you are 100% certain that free distribution is allowed. Ultimately, unless you have written permission from the owner, you have no gaurentees they won't ask you to cease distribution.

[Trainguy76]

If the route was freeware, would none of the above apply?

[PaulH2]

If the route was freeware, would none of the above apply?

Well again, technically, you are still distributing somebody else's property, so in principle, the only way to be sure somebody isn't going to object is to get permission. But, as before, is seems companies are less likely to object under those circumstances, but if you don't have permission (or the trademark hasn't been released for modelling purposes or something along those lines) it is still quite possible (if unlikely) that the owner could still ask you to cease distribution.

As suppose the long and the short of it is, whatever you do, you're sitributing somebody else's property. If you're selling it without permission, you almost certainly will have problems, if you're distributing it for free, you might have problems. If you keep it to yourself and never distribute it, then you're fine. But other than in that last case, if you don't have written permission (either for yourself directly, or by way of a general release), the owner could take action to protect their rights.

In other words, if you don't know, ask, or keep it generic.

Personally, my suggestion would be that unless what you want to create is very important to the route, just do something similar but different. When you whizz past at speed, you'll never notice the difference, you'll have created the right feel for the route and you won't have trodden on anybody's toes.

Paul