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GentlemenGraphics
08-27-2011, 03:34 PM
Can I use for example a PS4 or a Ferrari in my game if I remove the logos and just keep the shape/concept of the design or is that also trademarked and get me sued later on.

E.G. I remove the "PS4" from the console so it is just the plain console ps4 shape. And I remove the Ferrari horse badge from the car and any reference to Ferrari from the car - but the car will still look like a Ferrari.

ambershee
08-27-2011, 04:18 PM
Generally, the shape and design as also held strongly in copyright - especially when it comes to cars. Somehting with the same aesthetic values on the other hand is more than acceptable.

As for knowing what a Ps4 looks like, well... :p

GentlemenGraphics
08-27-2011, 04:28 PM
I can't believe I made that mistake I totally meant PS3 lol ; )

Thanks.

GentlemenGraphics
08-27-2011, 04:30 PM
Something with the same aesthetic values? Meaning what exactly; that if it looks the same then its okay?

TheAgent
08-27-2011, 05:00 PM
Meaning the color scheme and concept i believe.

taz1004
08-27-2011, 06:09 PM
You might want to read through this.
http://en.wikipedia.org/wiki/Fair_use

The big companies don't go around patrolling for copyright infringements. They only take legal action on ones they think is hurting their image or ones they think they can make money on. They will usually warn you and demand you to remove the content before taking legal action on first offense.

Sometimes I wonder how these copyright stuff go in the movies. Long time ago, in a James Bond movie (forgot the title but with Brosnan), Bond was driving a Mercedes and all the bad guys were driving BMW with logos removed. Bond trashed all the BMW with his Mercedes. I'm sure this was merchandising for Mercedes but did they get permission from BMW? To have their cars trashed by Mercedes?

ambershee
08-28-2011, 06:28 AM
They did not; hence the logo removal. They get away with it however since it is not reasonable to expect that every film must invent a new car. In videogames, the asset must be modelled so it is not a problem to build a generic design with certain features. You'll find cars in games is a tricky legal minefield. Most brands have exclusive licenses with specific companies. For example, there will be no Porsches in Forza 4, because EA own the rights to use Porsche cars and logos in their games, and have not reached an agreement to license these to Turn10.

taz1004
08-28-2011, 01:51 PM
They did not; hence the logo removal. They get away with it however since it is not reasonable to expect that every film must invent a new car. In videogames, the asset must be modelled so it is not a problem to build a generic design with certain features. You'll find cars in games is a tricky legal minefield. Most brands have exclusive licenses with specific companies. For example, there will be no Porsches in Forza 4, because EA own the rights to use Porsche cars and logos in their games, and have not reached an agreement to license these to Turn10.

As background vehicles, yes. But in that movie, they could've used older model of Mercedes to be driven by bad guys. It is clear to anyone that they purposely chose their competition vehicle to be demolished by their latest model.

In automotive industry, you do see a lot of design copies from company to company. Maybe not complete copy but feature copies such as headlamps, tail lamps, proportions, etc. But you rarely see a car company suing another for copying designs. In Forza and NFS franchise, they are using the brand names so the licensing is important. But in games like GTA, there are no specific brand vehicles but some of them have striking resemblance to certain brand/model. I'm pretty sure Rockstar didn't get licensing. Is apple suing samsung for copying iPad design reasonable when shape of iPad is just a rectangular display?

These things are decided per case and even big companies get involved in copyright infringements between each other all the time because it's not completely clear. If it's major production, consult a lawyer but if not, I'd stick with fair use and just hope they don't contact you. If they do, just remove the content when asked.

ambershee
08-28-2011, 02:10 PM
It's better to never model the content and waste the time when it does come to having to remove it.

taz1004
08-28-2011, 02:36 PM
Well, if you already have the model (which I assumed was the case), I'd say use it to save time than modeling a new design from scratch. Just make sure to remove the badging and if you want to be sure, alter the grille. These two are the key trademarks car companies care about.

Crusha K. Rool
08-28-2011, 04:12 PM
In Mafia (http://mafiagame.wikia.com/wiki/Category:Vehicles_in_Mafia) did they also have all the cars resemble the originals (although I could be wrong since I am not really interested in cars anyway) and just changed their ingame names.
But it was quite obvious due to the ingame brand names. For instance were all Ford cars renamed to Bolt, so instead the Ford Model A you had the Bolt Model B and instead of the Cadillac V-16 did you have the Lassiter V16.

No idea if they had a license for them nonetheless.

ambershee
08-28-2011, 04:56 PM
They probably didn't - they made them different enough to get away with it :)

flota113
08-30-2011, 09:20 AM
The best way to check if U can do it is to try :-D.
Only joking but what U think about asking this company and telling them in what way this car or etc. would be in game ???
I think that's a good way to solve this matter but also there is a trouble with contacting them 'cos I think that not all companies are as good as Epic and they even can no read your request and just say "no you can't use it in your game"