From: Montreal, Qc, Canuckistan
Please don't spread falsehoods : media is in the public domain or it's not, the word has precise legal meaning, it's very black and white : public domain means no copyright (or copyleft), no restrictions on usage. Period.
That's the definition and why the term was created, to qualify an authored work whose copyrights have lapsed into the public domain.
Any picture (or anything else) that is in the public domain, has no restrictions on its usage, and can't have any by definition.
All US government agencies photos which are labelled as public domain, are completely free of any such restrictions as you mention : if it says public domain, you're fine to use it in commercial products.
If you can't, it's not public domain (by definition)
It cannot be in the public domain under certain conditions, like commercial products and not in others.
A song is either public domain, or not. Otherwise, it's called something else.
Now, different laws or copyright status (which public domain is in fact a lack of, no protection) in different countries might mean than an image in the public domain in the US, might be copyrighted in Europe.
For Harpoon ANW, this does not matter, since the commercial product is US based.
As such, any public domain military photo is usable in ANW. Period.
If it has restrictions attached to it, it's NOT public domain.
Now, in all cases, wherever the image is from : keep a record of where you found it, and a copy of the licensing terms, and keep it alongside the picture.
If someone was to litigate (and that can always happen), you could prove the source, terms, and thus your good faith.
If one is not ready to do this, one should not involve oneself with building collections of media, or software, or any other product for public distribution and consumption.
I think you mix up things.
Incredibletwo question was about the copyright issue.
Harpoon is a commercial game and has to deal with copy-right issues.
The PDB is a part of a commercial product. It might be set up for the players and by the players and even on a non-profit base, but it is still part of a commercial product.
You even may not put in pictures of the US Navy without their permission in the PDB's photo-db. Their images are public domain as long they are not used for a commercial product
Par example: If I would take a picture of the Hr Ms Zeven Provinciën with my own camera, you wouldn't get permission to put this picture in the PDB. Not because I would not allow you to use my photograph for the PDB , no, because I would not allow AGSI to use the picture for their commercial product.
< Message edited by noxious -- 3/2/2009 4:34:52 PM >
Be Kind. Everyone is fighting a hard battle.