Legal Question about Brands and Names

[BartPS]

I notice that most (perhaps all) games avoid using real names of either people or brands. For example, I've played a couple of games now that centre around rock music, but I've never seen a Fender guitar or Marshal amp. Also, when they mention a band or artist, the name will always be coded - e.g. The Tumbling Dice for Rolling Stones.

Because I'm using Blender to develop my game, I've been able to source realistic models of Fender, Gibson and Rickenbacker guitars, Yamaha keyboards etc. including names and logos, and I'd like to add to the realism by keeping them that way.

Also, one of the locations I'm developing is a backstage area, complete with period (1980s) graffiti including "Bon Scott Lives!" I was planning to code the names of any bands or people that actually appear in, or are referenced in the story, but hope to keep the graffiti as is to help ground the story's setting.

So my question is, is this just a Daz thing or do I need to avoid using real names and brands completely?

 

[WICKEDp4th]

Laws.

If you use real Names and real Brands in a project you can get sued.

There is the possibility to use real Brand names but, only if you make a non-profit project (fair use), if you're planning on getting paid for what you'll doing, then the lawyers will come down at you (most likely).
Using real peoples names can heavily offend some of them > sued.

 

[Hagatagar]

Also everyone should be careful with the usage of certain

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for health related stuff.

 

[BartPS]

Well that's a bugger! Anyway, thank you both, and just as well I checked!

Just wondering now, following Hagatar's scary link, what about the shape of e.g. a guitar? If I use a model of a classic Fender guitar and just change the name, could the iconic shape of the guitar be considered a protected logo?

 

[WICKEDp4th]

... could the iconic shape of the guitar be considered a protected logo?

My guess is yes. If i can connect an item alone by its shape to a Company. You might get away with it, but the risk is always there to be discovered.

 

[Hagatagar]

[...] could the iconic shape of the guitar be considered a protected logo?

I am by no means an expert on that, so take everything I say with a grain of salt (a bucket of salt would be better).

The exact copy is protected, at least if it's a real guitar.
A similar copy may

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.

If it's a CG model or just some silhouette it's a different case.
Here is a

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, maybe it helps?

Also, I assume if you legally buy models of those intuments, it may be a permit to use those models (at least if they are created with some sort of license).
But to be sure you should get in contact with a legal expert in Copyright or Trademark infringement.

Or modify the model a bit and slap some fictional brand name on it, that's what many devs of (big) games do with their guns and cars.

 

[BartPS]

Thank you Hagatagar. The second link especially was exactly what I needed.

The models I'm using are either licenced CC-0 or CC-BY so I doubt they would offer me any protection. I guess I'll make some adjustments to the models and remove any branding.

 

[anne O'nymous]

Or modify the model a bit and slap some fictional brand name on it, that's what many devs of (big) games do with their guns and cars.

The problem don't rely only on the use of copyrighted product or registered trademarks, but also on the image you give of the product. By example Apple fight relatively hard for their products to never be seen by the villains in movies/TV series.
Therefore, something too lookalike or soundalike can still lead you to trouble. You would probably win the case if you were sued, but no one really want to lost years and money on an international lawsuit. And they know this. They'll ask the law firm they have a contract with to tell one of their trainee to send you a threatening e-mail, and you'll comply to their request to stop "doing this".

 

[Hagatagar]

By example Apple fight relatively hard for their products to never be seen by the villains in movies/TV series.

This is indeed one of the rather strange results of that, since you can directly identify a movie character as a non-villain just because they uses an Apple product.
Makes watching movies much more thrilling...

 

[WICKEDp4th]

This is indeed one of the rather strange results of that, since you can directly identify a movie character as a non-villain just because they uses an Apple product.
Makes watching movies much more thrilling...

Or Car manufacturer who deny damaged modells of their cars in video games. It's all about (external) presentation.

 

[shark_inna_hat]

You can use it. Nobody's gonna care.

There's no copyright on 'The Rolling Stones'. There can't be. Names, facts and ideas are not copyrightable.
Trademarks are another thing, but as long as you're not selling anything, lawyers got nothing on you.

I'm not sure if you can even get a copyright on the shape of a guitar these days. Fender lost in courts both in UK and US when they tried to sue someone making knock-offs, the shape of their guitars became so iconic it's now generic. So at least for guitars you're 99% in the clear.

Having said that... you might wanna watch out how you use brand/trademark names. If you show a realistic render of The Rolling Stones having sex with alligators while eating babies roasted over burning bibles - you might wanna look for a lawyer before the defamation lawsuit hits.

 

[Rich]

Trademarks are another thing, but as long as you're not selling anything, lawyers got nothing on you.

Actually, that's not true. Companies own their trademarks, and have the right to dictate how, or even if, they're used. As long as it's in the same domain, of course. Different companies can own the same trademarked name in different spaces. There was a famous case in which the Lexus law library folks sued the car manufacturer and lost because the two weren't considered confusable, being in entirely different industries.

But, if you're making use of a trademark in a way that the owner doesn't approve of, they can come after you even if you're not selling anything or not making money from it. Try putting up a billboard that says "iPhones suck." I guarantee you'll be hearing from Apple.

But, as was mentioned earlier, "lawsuit" isn't usually the first option of the company - a "cease and desist" letter almost always precedes it. And whether they'd even know about its use in a small-scale game is another question. But that's why the "euphemistically modified" titles are used a lot - just avoid the issue.