Has anyone actually had to deal with this issue? As a nobody, even if I get a bit further along and get some interest/ were a registered company, I don't think it would be that simple to contact gun,cars,military manufacturers for the rights to put their product designs in a game. So do you just go for it? Even without using the name specifically, I'm sure there are design patents that would apply for 'likeness'. IE can't just call a helicopter "Helicopter" even though it is clearly and Apache.
Copyrights to guns, vehicles etc
It's a weird issue of legal murkiness. Fictional books can mention specific brand names of weapons and cars just fine, so it's weird that games cannot.
While it may ultimately be proven fair use by higher courts, currently you need to pay licensing fees. EA tried with helicopters, and lost the lawsuit.
With the helicopters, EA settled. Seeing that EA deliberately invited the lawsuit to try win the freedom from not having to pay for those licenses, and seeing as EA has decently deep pockets and could withstand a long drawn out lawsuit, it is highly likely they only settled because they knew they were losing the case, and didn't want a permanent "No" on the court record (a "settled" lawsuit means the judge doesn't actually make a decision that becomes law, because both parties came to their own agreement).
Regardless of the greyness of the law, what's not ambiguous is whether or not you'll get sued. You will. The tank/helicopter/jet/car manufacturers have shown themselves to be willing to go after bigger developers in court to keep their licensing fees flowing. Likely, they won't bat an eye sending a lawyer after the small guys too, because while it costs you alot to get sued, they have their lawyers on retainer, and if they turn a blind eye to you it risks, over time, strengthening the case of the big guys once EA is ready for Round 2 against the gun manufacturers.
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Great links. I have no problem reaching out to these companies I just highly doubt I would ever hear back, even if I ended up having a big selling game. Better to be sued for licensing than to not have apache helicopters. Which is why I said "Do I just go for it?" Though I think having a copy of the emails stating we reached out and were willing to recognize licensing, that they would contact us before suing and pay them their dues. Or even if they sued, it would be easily settled. Either way, I need apache helicopters and SCAR rifles :)
Though I think having a copy of the emails stating we reached out and were willing to recognize licensing, that they would contact us before suing and pay them their dues. Or even if they sued, it would be easily settled. Either way, I need apache helicopters and SCAR rifles
Before you go with "ask forgiveness," try the telephone. Try snailmail, try a letter through a lawyer. Don't just rely on email.
Seems there is room for differentiation, as Euro Truck 2 have "Majestic" brand trucks everybody knows it is actually "Mercedes"
So , instead of insisting on Apaches being present in game , I'd go for "NativeAmerican" helicopters that are noticeably different from being ripoff. But for this likeness issue, not sure how much you can "inspire"
It'd be great if there was a database of creative-commons fictional guns and cars (w/ fictional brands) with schematics and concept art, so game developers could use those without worry (as much) about licensing issues.
The cheapest, most-reliable, and legally-sound way to go is simply to use original designs that evoke the sense of what you intend together with thinly-veiled codewords, as Grand Theft Auto has always done, and other games have followed. After all, you're not building real helicopters, cars, or guns in your game -- all you're really after, design-wise, is an analogy that's familiar to the real world, and you don't need a precise name and likeness to accomplish that.
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