Copyright

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75 comments, last by N1njaSt0rm 7 years, 7 months ago
You're asking about trademark abandonment. Hard to say - ask a lawyer.

-- Tom Sloper -- sloperama.com

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In earlier topic I created about using military designs for movie production - I asked about using war planes, vehicles etc.

And for that I need permission from manufacturer.

But I want to create a war plane that is by design exactly the same like f-22 but I won't put anything like logos, names or anything on it that can be against trademark laws.

so I will make a plane that have no manufacturers logos, names, etc. on it.

Is that OK to do without permission or I still need it?

Is that OK to do without permission


Why do you want or need to do that instead of creating something original?

-- Tom Sloper -- sloperama.com

war plane that is by design exactly the same like f-22 but I won't put anything like logos, names or anything on it that can be against trademark laws. so I will make a plane that have no manufacturers logos, names, etc. on it. Is that OK to do without permission or I still need it?

You need permission.

For nearly anything created in the 1900s and 2000s you need permission. If nobody has used it for the past century it is generally fair game. If anybody has done anything with it over the past century you should get permission.

As you keep asking about aircraft, an aircraft from the first world war or earlier is old enough that you probably wouldn't have legal problems with the aircraft itself, although any logos or identifying marks may still be protected if they are in modern use. For example, a Fokker M.5 from WW1 is sufficiently out of date that it is public domain, but the Fokker logo or any military marks are still in active use and are still protected.

ANYTHING created or used since the mid 1920s, is likely still protected and requires permission.

Create something original or get permission. (Getting money typically requires truckloads of money, which is why we keep saying to pick a different direction and create something original.)

I will have to create a plane and it's design but I want that plane looks real which means that I can't simply create an imaginated flying object but I have to make at least similar aircraft to the real f-22 or so.

so I need permission anyway no matter how it will look like and what symbols are on it even if there is nothing on it I need permission just because it looks like real f-22 aircraft

Am I right about that fact?

I need permission just because it looks like real f-22 aircraft Am I right about that fact?

If you want it to look anything close to any real world aircraft, yes, you need permission.

However, if you build your own airplane designs that don't look like existing aircraft but still have wings and a tail, that is creating your own stuff.

One difference to note is "looking real" and "looking like a real aircraft". If you google search images of "jet fighter planes" you will see hundreds of different models, but most share a lot of similar characteristics (pointed noise, back mounted wings, etc.). This is due to the functionality of the design. Functionality is not copyrightable. So if you spend 30 minutes looking at different planes then go create your own that may have some similar characteristics you would probably be safe. DO NOT copy a model and then make small changes to it or use the same name as any plane. That is infringement. But getting inspiration from many different sources should be just fine. Of course someone could always sue you, but if you don't copy their design exactly (or close to exact) then they will have a hard time proving infringement. And if something is hard to prove it means it will be expensive in court. So unless someone stands to make A LOT of money off your one plane (which is unlikely unless your entire game is based off that one plane) your chance of getting sued is pretty minimal.

So basically you can make a real looking aircraft without making it look like an real aircraft.

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