Gun licenses
Author
I'm planning to use real guns (Desert Eagle etc.) in my next game. However, I know that the guns are copyrighted material, and I need some sort of license to use the real gun names. I have thought of two options:
1. Should I try asking permission to use the guns with their real names?
2. Should I alter the gun names without affecting the look and feel of the guns? Is it even legal?
Or should I go with (1) and if rejected, then go with (2)?
Thanks in advance.
Theres not much I hate more than when games try to use real gun names, mostly because the guns vary and/or incorrect. You'll unlikely get permission to use the gun names unless you have a full game to show them and a speach from a lawyer, what I'd recomend would to just use the calliber, and/or look, with a general name (Shotgun, insetead of Remmington) or a fake one (BFG2000).
To just illegely copy it would be down right dumb, no offence but I think others would agree.
To just illegely copy it would be down right dumb, no offence but I think others would agree.
Author
You're right. I wouldn't have used the real names without a permission to use them, and I know that getting the permission is really hard. I think I just go with general or fake names. Thanks for your answer.
I guess it depends on your game. Is it likely to sell millions of copies worldwide and attract the attention of weapons manufacturers? If the answer is no, and your game is going to be small freeware one, then you're probably OK using the real names and likenesses for the time being. Bear in mind that guns are a cultural element; they're used by government organisations for example, like the police and the military, and if you're portraying those organisations in a game, their weapons should feature too. I think they add realism, and that games like Battlefield 2 would be much poorer if they didn't feature real-life weapons.
Consider the case of Counter-Strike. In the beginning, when it was still another Half-Life mod, the weapons were closely modelled on real-world counterparts, and were named after them. The Desert Eagle was the Desert Eagle, the MP5 was the MP5. In the later versions (and, I think, in Counter-Strike: Source), the weapons are still modelled after their real-world counterparts, but their names are different (they're modifications of the real names). I don't know what prompted the change; perhaps it was unwillingness on Valve's part to pay for licensing, perhaps it was cease-and-desist letters from lawyers.
I'm not a lawyer, but perhaps it's simply a case of steering clear of weapon names and designations which are trademarks, and only using the likenesses of the guns, which are probably not protected by law.
Consider the case of Counter-Strike. In the beginning, when it was still another Half-Life mod, the weapons were closely modelled on real-world counterparts, and were named after them. The Desert Eagle was the Desert Eagle, the MP5 was the MP5. In the later versions (and, I think, in Counter-Strike: Source), the weapons are still modelled after their real-world counterparts, but their names are different (they're modifications of the real names). I don't know what prompted the change; perhaps it was unwillingness on Valve's part to pay for licensing, perhaps it was cease-and-desist letters from lawyers.
I'm not a lawyer, but perhaps it's simply a case of steering clear of weapon names and designations which are trademarks, and only using the likenesses of the guns, which are probably not protected by law.
Author
The game will be probably freeware (with download target of at least 150,000), but I'm not discarding the option that the game will build up to a commercial game.
I would really like to use the real names because of the realism it brings, but I don't think I'm going to do that without permission. Using some general names like Pistol and Pump-action Shotgun is enough for me, but what would Desert Eagle be? Heavy Pistol? And what about Uzi?
I would really like to use the real names because of the realism it brings, but I don't think I'm going to do that without permission. Using some general names like Pistol and Pump-action Shotgun is enough for me, but what would Desert Eagle be? Heavy Pistol? And what about Uzi?
it may not be as hard as you think to get the rights to use the name. why not send a letter to the DE manufacturer and see what they say. Then post their response here. I’m not who the trademark owner is but i remember that the weapon itself came from Israel and production was licensed out numerous times.
ahh...here ya go.
http://www.magnumresearch.com/
http://www.imi-israel.com/Templates/Homepage/Homepage.aspx?FolderID=11
and if asking for permission wont work you can, and it is legal, to copy the look and call it something else which most games do so you'll be in good company. no one would think twice about it.
PS. if its freeware then you'll be fine. you dont have to worry about it but i think there is a game lawyer around here someplace.
Quote:The Desert Eagle is a large caliber gas-operated semi-automatic pistol manufactured in Israel by IMI (Israel Military Industries) for Magnum Research, Inc.
http://www.magnumresearch.com/
http://www.imi-israel.com/Templates/Homepage/Homepage.aspx?FolderID=11
and if asking for permission wont work you can, and it is legal, to copy the look and call it something else which most games do so you'll be in good company. no one would think twice about it.
PS. if its freeware then you'll be fine. you dont have to worry about it but i think there is a game lawyer around here someplace.
Quote:and if asking for permission wont work you can, and it is legal, to copy the look and call it something else which most games do so you'll be in good company. no one would think twice about it.
While you may be right, it doesn't sound right to me, the right to copy an exact look and function (even though its media), without permission, but name it something else, legally? Something doesn't fit, maybe if you can cite a place that says thats correct would settle my mind. And, I do think someone would think twice about it or there wouldn't be ten thousand nuts who havn't fired a gun - that just happen to know everything about the modern arsenal.
Quote:Original post by NarcisQuote:and if asking for permission wont work you can, and it is legal, to copy the look and call it something else which most games do so you'll be in good company. no one would think twice about it.
While you may be right, it doesn't sound right to me, the right to copy an exact look and function (even though its media), without permission, but name it something else, legally? Something doesn't fit, maybe if you can cite a place that says thats correct would settle my mind. And, I do think someone would think twice about it or there wouldn't be ten thousand nuts who havn't fired a gun - that just happen to know everything about the modern arsenal.
Yeah, I gotta admit, it doesn't sound right to me either. Have such actions actually been proven to be legal, or is it that they've so far been unchallenged?
Either way you'll be fine for a freeware game, at most all you'll probably get is a C&D, at which point you can change the content.
Design your game to be in part parody about any trademarks you want to use, and as long as it can't be deemed overly damaging or misleading to the products, they don't have a leg to stand on in most countries.
But if you want something mostly serious, I would suggest making up several armouries and manufacturers names, and design weapons around fair game play and balance. Then you can style the models of the weapons just about however you want. This also avoids having people complaining on your forums about how you have this bump on the back of your model, or your rate of fire is off by half a second or something.
But if you want something mostly serious, I would suggest making up several armouries and manufacturers names, and design weapons around fair game play and balance. Then you can style the models of the weapons just about however you want. This also avoids having people complaining on your forums about how you have this bump on the back of your model, or your rate of fire is off by half a second or something.
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