What gun names you can use for free in a game without getting sued?

I'm interested is there any gun name I can use without having to buy expensive licenses for my game just to have that one gun have the right name. And also can you get away for having a just a one letter removed or change?

And then I wanna know the difference between commerical and non-commerical? This might seem like a dumb question because it sounds kind of self explanitory but I can't find anywhere what makes something commerical or non-commerical so I just wanna know.

I hope you guys can help me with that.

 

If gun names are the reason your game will get played, worry about it. Otherwise make names up.

 

Yeah like on Golden Eye 007 N64 they made new gun names up.
So I agree with hippo

Code (CSharp):

1.     Unarmed
2.     Hunting Knife
3.     Throwing Knife
4.     PP7 Special Issue
5.     Silenced PP7
6.     DD44 Dostovei
7.     Klobb
8.     KF7 Soviet
9.     ZMG (9mm)
10.     D5K Deutsche
11.     Silenced D5K
12.     Phantom
13.     AR33 Assault Rifle
14.     RC-P90
15.     Shotgun
16.     Automatic Shotgun
17.    
18.      Sniper Rifle
19.     Cougar Magnum
20.     Golden Gun
21.     Silver PP7
22.     Gold PP7
23.     Moonraker Laser
24.     Watch Laser
25.     Grenade Launcher
26.     Rocket Launcher
27.     Hand Grenade
28.     Timed Mine
29.     Proximity Mine
30.     Remote Mine
31.     Detonator
32.     Taser
33.     Tank

 

I second @hippocoder and @N1warhead. Save yourself the trouble and make up names.

 

Ok but one more thing.
What if you use a model that looks exactly like some kind of real gun even if it is renamed. Can they still do something to you?

Well obviously it wouldn't look EXACTLY the same but you know i'm curious.

 

If you're in the US, well, then it depends on what state your're in. The truth is in the US anyone can sue anyone for anything, whether they win or not is something else, but they can get a lawsuit if they really want one. It's hard to imagine a gun manufacturer learning about their gun's involvement in an indie game, much less the desire to go through the arduous process of litigation to prevent it.

In order to win a trademark lawsuit, the plaintiff has to prove that your using of their weapon design is taking customers away from them, which is impossible, since you're making a video game and not a firearm.

If you keep the design of the model relatively basic, that is, not going super accurate with placement of the bolt, positioning of the magazine, size and shape of the stock, etc. Then you shouldn't run into any issues. People sell assets all the time that are complete copies of real-world weapons and they don't get any trouble.

As for the name, however, that one's a bit different. I'd say go Kojima and just use a random assortment of letters and numbers.

 

Having something look too similar is indeed infringement. GTA gets around vehicles by restyling them and renaming them. It is common for AAA to not want to license something too.

 

Ok good to know but what if you are not in US? Do you have less chance of getting trouble or something. Because im not in Europe. Rules must be a bit different right?

 

You don't sell in the countries or regions where you don't want any trouble.

 

Why not just asking the manufacturer of the weapon?

 

That is the right thing to do, but expect to pay for the rights unless you can prove some other benefit for them. And that is only fair. If someone want to use someone else's product in their game, it is because they will get some benefit from it. So the creator of that product deserves their share.

But how much do you really gain from using someone's IP? It is better to make your own.

 

There was something about EA and DICE talking to gun manufacturers about using the names and likenesses of their products in games just a few years ago. I'm no legal expert but you can look at it like they did: games, at least shooters are free advertising for their weapons, and its a really expensive and tough thing to litigate every game or movie which shows an AK-47 or Walther P-22. It helps get the name of the gun out there, at the very least. Games have to be fun so they may not "perform" like in reality and tbh its bit sick to want that, and I don't know anyone apart from a Youtube star who became a gun enthusiast after playing Battlefield or Call of Duty. I'm not even sure if that Youtuber even had a prior interest...

Oh and about EA, as it turns out for a few years game companies were actually paying small royalties to these companies of which they used their product out of the exact same concern. EA took some of them to court to say "Hey, we shouldn't/don't have to pay you guys to use your product in our games" and the gun companies really didn't give a S*** and just rolled over from what I've heard lol, legal stuff is bizarre sometimes!

Additionally: everything @McMayhem said

 

Of course it depends on where you are located (I think US law is the way 'to go' when planning things?), and how designs / names are patented, trademarked, ..uhh in the end you can never be really sure and it all depends on how things develop.
If a company wants to sue you, they will do so and no indie would risk a lawsuit with any big company?

I once planned to call my game TinyTurismo, but what if my game succeeds and Sony doesn't *like* my choice? No. please. I wouldn't risk it

- of course: No. Do not use real gun names.

- chances are you target a stylized, low poly-ish art style ? something like Team fortress?
I just want to throw this in here, even it's not a game about guns but cars / racing:
HorizonChase (i attached a screenshot) uses real cars but stylized this way, very few details, no badges / logos / brand names. I really think, something like this is the limit..

 

To be fair, I've never heard of a company being sued for using another companies likeness in their game or even a movie! My example with EA was quite the opposite, EA was suing the gun manufacturer's for the right to use those likenesses!

 

i think its dumb as hell
cause like when i was a kid not knowing anything about guns ..... .... .. LOL
i actually thought goldeneye's guns names were actual gun names... ...
i mean ... misinformation anyone? how is that not important?
>< stupid greedy lawmaking suits are dumb as hell...

i mean .. ANY object existing in the real world should be able to be reproduced in art medium, for the sake of knowledge and consistency ...

but nooo money doesnt always care about knowledge... pfffttt thats why if youre an intellectual you shouldnt care about money (lols) ... ( i mean people that care about money, business (as in,like how to scam the system like they do, etc)

 

This is one reason for the AKA47 trope - that, and the opportunity to have some fun with acronyms.

 

In Goldeneye,

PP7 is supposed to be a Walther PPK (Bond's gun was 7.65mm), however even though the films were licensed to use the gun, the game was not. The DD44 was most likely a .44 caliber Desert Eagle, and the KF7 was an AK-47, the ZMG was an UZI. So, as you can see, without having the proper licensing it is best to just avoid the issue.

There is still nothing wrong with "9MM Pistol" or "Magnum".

A little creativity won't hurt you, you could even (egad) make up fictional guns and companies within your world.

 

https://www.reddit.com/r/gamedev/comments/11v69k/using_a_guns_name_in_your_video_game/

 

Thanks, I am a lawyer so I understand this.

 

Well, there's your problem right there. You're looking for knowledge and consistency in a video game. There are plenty of non fiction books and magazines dedicated to firearms. Try one of those for your knowledge and consistency.

I tried to not care about money, but then I got hungry and had to pay my bills.

 

Well, if you want a practical answer whats the point of guessing? There are more articles online that have practical examples and such. It's worth googling if you're actually considering this for a real game.

tl;dr

Big companies either pay to use it, parody the name or do whatever they want under 'fair use'. Small companies and indies usually parody the names because they can't afford the risk of court. But don't take my word for it. Read. Better yet ask a copyright lawyer.

 

I felt the same way when I found out that the Incredible Hulk was just some white guy named Lou. How dare fiction lie to us?

In all seriousness, the names of the guns aren't really relevant. I own a 12 gauge. A friend owns a .357. An Uncle owns a 9mm. All of these things are perfectly legal to say and I don't need the manufacturers name to convey what the gun is. You probably wouldn't be too happy if someone put your name and likeness in a game where you running around doing something that you disapprove of. So it isn't really even remotely surprising that gun manufacturers don't want their actual product names used in games where you kill people. Especially considering there are groups out there that think said manufacturers should be held legally liable when it happens. Slapping your name on the latest Grand Theft Auto is practically an endorsement for shooting police. It would be horribly stupid from a marketing, and potential legal, perspective to do such a thing. The real greed comes in trying to profit off of someone elses brand recognition.

 

TL;DR - No, you can't use official names of guns, in your game, without a license to do so. Make something up.

Gigi

 

Your logic might be reasonable if there were two separate worlds, the "real world" and the "art world", where art never related to money, and money never related to art...

but if you are making a video game that might make money, or might influence sales of somebody else's product, then YOU are the one being greedy to expect free reign to just do whatever you want.

 

Interesting topic.

I think the relevant info was here:

And

http://www.dmlp.org/legal-guide/using-trademarks-others

Basically... apparently the whole trademark thing is a huge mess, pretty much.

Judging from the link I posted, the trademark law is complicated even for lawyers.
The blog says that you can use trademarked words:

• (descriptive fair use) To describe stuff in common speech ("sweet-tart" to refer to candy even thought SweetTart is trademarked).
• (nominative fair use) To comment on stuff, criticize stuff and make parodies.
• In the news reports
• Also, First Amendment (free speech) can be used for defense.
• And there are extra rules for non-commercial use.

There was a case where EA was sued by helicopter manufacturer for using their designs. EA used First Amendment defense.

The blog and reddit post say that the goal of trademark law is to prevent people from using someone else's reputation to your advantage OR purposedly trying to ruin that reputation. So making your own (real-world) gun and selling it under widely-recognized name would fall under that category for sure.

I have strong impression that you're probably allowed to use real gun names, but if you're in united states, USA-based manufacturer might decide to drag you into court anyway - if they decide that you're worth their attention.

Also:
http://www.gamasutra.com/view/news/191864/EA_still_wont_be_paying_gun_manufacturers.php

So, I'd say you're most likely allowed to use gun names as long as it is sufficiently obvious that you're not affiliated with the gun making company.

 

One thing I think needs to be pointed out, because media gets everything (literally, everything) about guns wrong. Is that Bushmaster doesn't make an "AR-15." Bushmaster makes an XM-15 rifle. Bushmaster is the most popular "AR-15" style rifle manufacturer. That part is true. But if Bushmaster doesn't need to use the AR-15 label to be the most popular "AR-15" rifle, then why does any game developer need to? Colt actually lost the rights to the AR-15 label a few years back, after taking it over from Armalite. But the most popular model of the gun doesn't even use the name. Seriously, why does any game developer need to? A Whopper looks a lot like a Quarter Pounder. Neither are misrepresenting a hamburger. Names are one thing. Brands are another. If the companies in the actual business don't need to use the common name to reach the top of the industry, there is no excuse for game developers to claim a need to. None. Make up a name. People will recognize the gun.

Edit: As a humorous side note, Olympic Arms, which now uses the AR-15 designation, during the "assault weapon" (AKA, black guns that look scary) ban used the designation PCR for their AR-15 clone. PCR stood for "Politically Correct Rifle" Of course, none of the changes to make it compliant had any effect on the gun's capabilities. Because actual Assault Rifles have been illegal since the 80s. The "Assault Weapon" ban was purely cosmetic. Grand-dad's hunting rifle was more capable than many banned guns.

 

If you're using someone else's work, you need their permission for it. Doesn't matter if it's a name or a visual design or a sound or a piece of text. If you don't own it, and it has an owner, you need that owner's permission to use it.

 

Product placement of guns in a first person shooter? That is wrong on so many levels.

 

You got the best advice in the first reply. Just don't use real guns, or at the very least not trademarked guns. It's easier to avoid something than to burden yourself with constantly looking over your shoulder for the lifetime of your product.

There are cases in games where you can use real names, and brands - writers have been doing this for years in books and movies, but those same writers know the boundaries and rules and usually have attorneys specializing in entertainment law.

Actually using a name is the lowest risk, the biggest being misuse & defamation - and in a violent game there's a lot of room for unintended interpretation and negative connotations. Some brand owners don't care, some care too much.

 

you can profit from other 's brand recognition in youtube videos though

i dont see a difference between games and that ... both are visual/audio art mediums

...............

 

Well, Hotline Miami has some "real" weapons (like Uzi), is a popular game and nobody sued the creator so far.

 

Why?

 

how isnt it?

 

Well, racing games often use real-world cars. How's that different?

 

If I start sharing any more details on my opinions of Americans and guns then this thread will get locked.

 

Well, in my area civilians aren't allowed to own firearms, that's why I asked.

 

Racing games use cars to drive fast for sport.
FPS games use guns to kill people for fun.

Some people consider killing people for fun to be different from racing for fun, even if it is just a game.

 

:-\

Well, I think that using real gun instead of fake one won't make much of a difference.

Anyway, it still doesn't make much sense for me, but I guess I'll take your post as explanation.

 

To clarify a little more, if you use a real gun instead of a fake one, your players might think the manufacturer of that gun wants you to use it the way it was used in the game.

 

I'm not arguing against killing for fun in a game. I play shooters as much as the next guy.

What seems crazy is the idea of a game that is based around killing for fun is used to promote buying guns in the real world. Gun control arguments aside, this is a bad idea. "Achievement Unlocked: 10,000 kills. Get a 10% discount on your next gun purchase."