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Using models of real cars in games allowed?

Discussion in 'Assets and Asset Store' started by TobiasLingen, Feb 15, 2011.

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  1. TobiasLingen

    TobiasLingen

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    Hi everyone!

    I´m just wondering, if using models of real-world cars, which I built on my own using cinema4d, are allowed to be used in a small and non-commercial racing game. Sure, the models are made by myself, but the original design was taken from the car manufacturer in real world, of course. So, do you think it is allowed to bring a "Porsche" for example into my game or should I create some fantasy cars instead?

    Thanks a lot for Your oppinions!
     
  2. ivanzu

    ivanzu

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    you can bringa porsche in game just use other name :)
     
  3. MrSmive

    MrSmive

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    design no you can copy it, logo names and such you need permission commercial or not as they are property of the companies they represent. Just do the old name change Ford becomes Sword and Ka becomes La so a Ford KA becomes a Sword LA same thing for guns, if someone who cares enough about cars to know what car is what comes on i doubt they will complain, if anything they will be bragging to there friends about what car is what, same thing for guns though you can usually get away with leaving the company name out, so instead of Avtomat Kalashnikov 47 u say ar47 or Colt m4a1 becomes CTM4 not to hard to do and a hell of alot cheaper lolz.
     
    ChakibChemso likes this.
  4. wafflehead66

    wafflehead66

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    Just call up porsche and ask lol
     
  5. MrSmive

    MrSmive

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    that really work? would imagine you would need some pretty awesome looking models for them to lend there name to ya?
     
  6. ScienceFiction

    ScienceFiction

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    I would imagine you would need some pretty big bucks and lawyers for them to lend their name to you.
     
  7. Mike L

    Mike L

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    yeah, people are such winers, lol
     
  8. shivam.awasthi

    shivam.awasthi

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    As you mentioned you are creating a non commercial game, so you can use the name and design of any car manufacturer. The issue arises only when you start earning the profit on other's name. But to give respect to the brand name create the accurate model of the cars you are chosing. In short yes you can use the Porsche in your NON COMMERCIAL game. :)
     
  9. Frank Oz

    Frank Oz

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    Just because something is being made free doesn't mean using other people's property without permission suddenly becomes legal. Indie stuff that doesn't get much exposure might avoid being noticed, but then again it might not, and a company has to uphold its rights.

    @the OP
    Change the names enough to avoid legal issues along with the designs of your cars so they're not too close to the originals and you should be ok... maybe..
     
  10. TobiasLingen

    TobiasLingen

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    Many thanks for your replies! It helped me much.:D
    So I´m going to make cars, that only look a bit like an original, but without beeing exactly their design.;)
    Same with the names, so I think this might safe me from being attacked by any lawyers.
     
  11. Dealman

    Dealman

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    Look at GTA IV and the "Coquette", might give you an idea of how it works. ;)
     
  12. hippocoder

    hippocoder

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    You still can't use porsche in your non commercial game. They get particularly pissed off if your free game is quite popular ie kongregate, and features poor handling or crashes for example.

    That is harming their business in their eyes and you are directly showing thousands of people that their car is crap. You can get your ass handed to you big time for that behaviour. Just because free game X hasn't been taken down yet is only because they haven't noticed. The internet is a big place.

    But thats a time bomb.

    1. don't use their logos, or anything that isn't yours
    2. don't use their cars, where the shape is very obviously a porsche

    I cannot BELIEVE the poor advice dished out by people on these forums. They have not got the slightest clue how much trouble they could get themselves into :)

    Just make original stuff. Where it isn't original, you will always need to seek permission. If you contact porsche it could be they say it is ok on condition x,y,z because a lot of companies are now becoming friendlier to fan art, and fan free games. But get that permission.

    That should be OK :)
     
    theANMATOR2b likes this.
  13. hippocoder

    hippocoder

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    This guy is 100% clueless. You live in india mate, you haven't got a clue how the law is in the big world. Not being racist here, but india can be quite relaxed. The US and other countries are FAR from being relaxed about law. They will hunt you down and strip you broke. In india, they probably won't bother. Your laws aren't our laws.

    I dont fart without consulting my legal buddy where I get advice for free :)
     
    Last edited: May 11, 2011
  14. Demostenes

    Demostenes

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    You cant use real car in your game. It is going even so far, that you have to pay (usually quite a lot), because car companies dont take it as advertisement and they even dictate you how much can their car in game crash and how much can be deformed (!!!). We are living in age of idiotism.
     
  15. Route 66 Rambler

    Route 66 Rambler

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    The reason that car models don't take damage in the Gran Turismo series is because the car companies refused to license their rides in the game unless they were kept from being scratched and dented by the game play. And the licensing requirements for a lot of sanctioning bodies in various racing series, including SCCA, NASCAR and FIA are very strict and extremely costly. Someone I know associated with an intended Trans AM series game said they ended up not being able to produce the game because the SCCA wanted a 1.2 million dollar fee for the use of the name, "Trans AM". Pontiac themselves never raced the Trans AM model of the Pontiac Firebird in the series during the glory years of the series in the late 60s and early 70s, because they were sued over the name and lost. So they were racing normal Firebirds and Formulas in those races, not the Trans AM model.

    They were still paying royalties for the ones they produced up through the 2000s, and those payments are actually one factor that resulted in the discontuing of the Pontiac Firebird along with the Chevy Camaro, and why the Trans AM wasn't brought back alongside the new Camaro. They didn't feel like it would be a good idea to produce the Firebird without the Trans AM model, and the royalty payments demanded were of such a size that they chose to avoid it for the present. If GM can't afford it, probably neither can an indy developer.
     
    theANMATOR2b likes this.
  16. JRavey

    JRavey

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    Any time you are dealing with intellectual property, it is better to be cautious. Also, think about how you would feel if somebody used your property without permission. Some will say they don't care, but that can change quickly when something they created is being used in a way they did not intend or without giving them credit. Designers spend a lot of time making cars look right and you can learn from their sense of style, but don't co-opt their work. Besides all of the legal and ethical concerns, you'll feel better if people say the design is great when you know it is your design.
     
  17. VDTruck

    VDTruck

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    Hello!
    I have a question, If I share the game for free but I have in-app payments for coins/gold/credits/etc... it's allowed to use real name of cars?

    Thanks!
     
  18. Paulo-Matias

    Paulo-Matias

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    Is the same thing as if you deliver a complete free game, manufactores dont give a dam if you provide coins or simelons as payments to your customers this is all about intelectual property, free or comercial, i come from some years in rfactor modding scene and mods are not standalone games, it gives room for some risks but manufactors can and eventual will bitch about it, enduracers modding team were building porshe supercup mod for rfactor and they were contacted by porshe to drop imedeatly, as far as the info about was realeased, the best way is to become a designer of own designs, tbh is were relys a good racing indie game in my opinion.
     
  19. RZR_SRT

    RZR_SRT

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    Strange type of conversation(not only here BTW).
    Guys you all dealing with myths at the moment.
    Everyone is telling "you can/can't", but no one is referring to a specific law which is regulating this aspect.
    Yet another question. What is big difference between movies and games?
    In movies we can see any vehicle that filming crew can bring with real brand names and original factory shapes. Those vehicles can act in any type of scenarios. Good, bad- who cares.
    Also question is not what we all think, but what the law says.
    Can somebody give us reference to the law?
    P.S.
    Better give us reference to both laws. The one is restrict, and another one which give a "green light".)))

    P.P.S. BTW https://www.theartnewspaper.com/new...3boDFFelhwBYGb9RkIHM7OGu2mwhb4AZ6L0_8yagpc2-g
     
  20. P3ndragonLLC

    P3ndragonLLC

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    @RZR_SRT I don't have any laws to reference, I don't know anything really - but consider one thing is different which is that often there is a difference between theatrical use and interactive use, such as the Daz3D content.
     
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