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'Copying' real cars legally...

Started by February 22, 2005 06:55 AM
2 comments, last by Roboguy 19 years, 8 months ago
In lots of older games (normally sport games) you'd get people with names like 'Alun Sheerer'. I wondered in my driving hame what the situation is with that. I currently have a low poly model of a Nissan Primera. If it has no badges on claiming to be made by Nissan, is the likeness of a 3D model enough to get in trouble? Would calling it the 'Nyssan Premier' avoid this? They can't copyright the shape of a car in real life, so why in games?
Quote: I wondered in my driving hame what the situation is with that. I currently have a low poly model of a Nissan Primera. If it has no badges on claiming to be made by Nissan, is the likeness of a 3D model enough to get in trouble? Would calling it the 'Nyssan Premier' avoid this?

You can't call it a Nissan, that's for sure. And you can't use the company's logo's etc. either. However, I've seen commercial racing games that didn't have a license from the car manufacturer, but that did use its models (with a different name). So you might be okay there (don't sue me if I'm wrong).
To be on the safe side, you could just alter the model slightly, so it still looks like a cool car, but doesn't resemble the real live model too much.
Quote: They can't copyright the shape of a car in real life, so why in games?

Although it is not called "copyright", even in real live BMW can't just copy the body of a Nissan and sell it as a BMW (just an example).
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Because the game car is not ussually a copy. Its a stylized version that looks similar to the real thing. The cars that should look recognizable, but remain generic. Look at gta, tokyo xtreme racer and burnout games for more inspiration, especially in the name department. Though dont copy what they did. The reality of it is that you dont need names similar to the cars, people will recognize them. If they dont, they wont care that they are driving that particular car in the first place.

Also your name sucks, it can EASILY be confused for the real thing. Especially if spoken. Try using a theasaurs. If a company feels you are using their trademark, you will be sued. Even if you win the case you will lose much money on court costs.

The reason they can get away with it in games is because there are limited ways cars can look based on aerodynamics. You can see many similarities among the cars and trucks by different companies in real life. Because of this you can easily make osmething that seems similar to a real car, but it wont be confused as the real car. In essence you have to follow the same rules as someone attempeting to make the car in real life. Its just easier in a video game because you dont need to worry about many technical things that affect real cars.

Basically as long as your cars are not similar enough, you will get away with it. The company would have to see your game as a threat to their profits before they concern themselves with games that have simliar looking cars. This is why its VERY important to not name the companies or cars with similar names as well. Use your imagination. The Nikiso First may be a better name (unless Nikiso means something bad in japanese, I am pretty sure its jibberish though).

Though you dont even need manufacturers for the cars unless you have so many cars that it would help organize them. You could just use the car type with some adjective relating to performence to name the cars.
this may be of interest (they discuss the legality of using other companies logos)

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