Legal Violations / Realistic cars in Arma 3

[tooostaaa 10]

Cheer guys,

 

some other people and me are currently working on a new mod.

To keep things a little more realistic, we really want to use real cars like a BMW oder an Audi.

 

The thing is, do we have to have the license of the actual car brand, since we are using a product, which is not ours?

If yes, is it done by just renaming all cars?

 

Since we got some guys in our project, who are working for IT companies, we really should be safe with what we are doing. A legal violation could cost jobs here.

 

I would really appreciate any thoughts and maybe a solution on this topic :)

 

Have yourself a merry christmas

tooostaaa

 

#Edit: Forgot to say, that we do not get any donations or any other kind of money for the things we provide

[war_lord 934]

So long as it's all your own work (no rips from games or other media), and you're not trying to monetize it. You can use all the trade marks you want. 

[tooostaaa 10]

So for example if we dont use the Arma 3 Life cars, which should be ripped out of a game (correct me if I am wrong), there shouldn't be anything, that could get us to court?

[PuFu 4600]

in simple terms: do not use any other content but the one you create yourself

[tooostaaa 10]

Right on. Thanks buddy.

 

I think the topic can be closed :)

[I give up 152]

You mean realist is this?

https://www.youtube.com/watch?v=y7v-P1XhYnY

Or as this?

https://www.youtube.com/watch?v=xXnfQsDeHqs

[bravo93 37]

I guess copying and pasting a BMW logo from google isn't allowed then?  B)

[the_noob 88]

Read this:

 

https://en.wikipedia.org/wiki/Fair_use

 

Yes, you can use real world car brands as long as you don't monetize it. A typical work around in commercial games is naming the cars differently like in the GTA games for example.

[slatts 1978]

Or the one work around I seen here that always cracks me up. Was RKSL renaming MAN trucks to HAM trucks. 

[I give up 152]

Trucks? Someone said trucks?

These ones?

https://www.youtube.com/watch?v=8OjViaFctug

[rksl-rock 1301]

Read this:

 

https://en.wikipedia.org/wiki/Fair_use

 

Yes, you can use real world car brands as long as you don't monetize it. A typical work around in commercial games is naming the cars differently like in the GTA games for example.

Actually that doesn't always fly.  Toyota sent take down notices to Hobbyists when they saw there "brand" being represented in a way they didn't like.  And they have the legal right to do so as any perceived "damage" or "un due impact" to their public campaigns can have legal repercussions.

 

You are better off Changing any Trademarked info or Branding to something of your own design.  That way you don't attract the wrath of the Legal department.

 

I will say, you do have to be careful about copying exactly the design as some, especially unique car designs are covered under "trademark and copyright"  eg the Land Rover Evoke shape is now a registered trademark.

[silentghoust 132]

Actually that doesn't always fly.  Toyota sent take down notices to Hobbyists when they saw there "brand" being represented in a way they didn't like.  And they have the legal right to do so as any perceived "damage" or "un due impact" to their public campaigns can have legal repercussions.

 

You are better off Changing any Trademarked info or Branding to something of your own design.  That way you don't attract the wrath of the Legal department.

 

I will say, you do have to be careful about copying exactly the design as some, especially unique car designs are covered under "trademark and copyright"  eg the Land Rover Evoke shape is now a registered trademark.

Meanwhile in the middle east..

.

[chortles 263]

What RKSL-Rock described is why quite a few video game developers for years resorted to renamed weapons/vehicles (and some have speculated that that explains Arma 3's fictional names/variants for some real-world hardware).

[andersson 285]

Meanwhile in the middle east..

.

Ouch. They are probably not aware that they are in risk for legal repercussions from Toyota, this could have serious consequences. :/

;)  

[ProfTournesol 956]

Ouch. They are probably not aware that they are in risk for legal repercussions from Toyota, this could have serious consequences. :/

;)

 

That's why they don't show their faces ;)

[rksl-rock 1301]

Meanwhile in the middle east..

.[=http://i.dailymail.co.uk/i/pix/2015/10/07/03/2D277C7A00000578-0-image-m-14_1444185634016.jpg]

 

 

Ouch. They are probably not aware that they are in risk for legal repercussions from Toyota, this could have serious consequences. :/

;)

 

Well they are actually using Toyota products purchased from Toyota (at some point).  They arent exactly trying to copy Toyota's IP or profit from it. There is a difference.

 

Just shoot people while driving around in them...

 

That's why they don't show their faces ;)

 

...if you have faces I have a number of old colleagues that will happily pop around and say hello.

[BlackAlpha 10]

Read this:

 

https://en.wikipedia.org/wiki/Fair_use

 

Yes, you can use real world car brands as long as you don't monetize it. A typical work around in commercial games is naming the cars differently like in the GTA games for example.

 

True. However, if they feel like they are being damaged in some way they will still try to make you stop (it's within their right). So, for example, if you create a Toyota model and then use it in a game where you drive over innocent people, this may show Toyota in a negative light that might influence people accordingly. Toyota may not like that, they want people to only think of Toyota in a positive way, and so they will probably tell you to stop using their name/car. I'm fairly sure that's why GTA doesn't use real names and changes the cars a bit.

 

If you don't mind potentially making adjustments if they tell you to stop, you can still try using their name/car. If it doesn't portray them in a negative way somehow, they will probably not mind because it will serve as free (positive) advertisement. But if you intend to use the car for terrorists, then you need to be prepared to change things as Toyota may not like that. However, most likely they will never find out or won't even care unless your mod becomes super popular and high profile websites start to showcase your mod. Then Toyota may decide your mod is able to reach and therefore influence enough people that it's a problem for them.

 

By the way, it's virtually impossible to be dragged to court over such things unless you want to go to court. They will first send you a warning. If you ignore it, they'll take you to court. Also, I'm not 100% sure but I think they can only go after the websites hosting your content because creating a Toyota car for your own personal/private use is not illegal. So, the car you made is not illegal. In this case, spreading it publicly to other people is potentially illegal (they will still need to prove this in court), and that's something the website is doing. This is why websites often have strict rules about potential illegal content, they rather take down your mod unfairly than risk potential legal trouble in the future (when you made an account you agreed that this is OK for you). About that warning I mentioned, keep in mind that people's lives have been destroyed by long and expensive legal battles. So even if you are 100% certain your mod is 200% legal, you need to pay attention who you pick a fight with.

[silentghoust 132]

 

 

 

Well they are actually using Toyota products purchased from Toyota (at some point).  They arent exactly trying to copy Toyota's IP or profit from it. There is a difference.

 

 

...if you have faces I have a number of old colleagues that will happily pop around and say hello.

 

Well technically this is from a propaganda video. So I guess the question is, would ISIS profit in recruitment and support be liable for lawsuit by Toyota? 

[rksl-rock 1301]

Well technically this is from a propaganda video. So I guess the question is, would ISIS profit in recruitment and support be liable for lawsuit by Toyota? 

They are "using" Toyota Products.  Not trying to make money by representing themselves as Toyota.

 

I doubt Toyata could sue.  (Even if this absurd scenerio were ever to be true).

[Ranwer135 308]

You may, but you must ALWAYS give credit to their logo, or trademark (Otherwise it could be like Disney suing a small mod for 88 Million bucks). However, using other peoples content without their permission (especially if they are from official games) is strictly prohibited. Although, games like STALKER have allowed their content to be shared, so make sure you keep an eye on their news and Terms & Conditions.  :)

 

 

If you are looking for more info on BI's policy, here is the AMAR site: http://amar.arma3.fr/

[clawhammer 10]

This reminds me on the halo c&c generals modification that got busted by microsoft a few years ago. This mod was free too.

[drebin052 324]

This reminds me on the halo c&c generals modification that got busted by microsoft a few years ago. This mod was free too.

 

I don't think BMW and Audi intend to release an FPS game about their cars any time soon.

[rksl-rock 1301]

I don't think BMW and Audi intend to release an FPS game about their cars any time soon.

Maybe not but if you use their Logos and Trademarks without a licence they do have a history of sueing you.

[road runner 4344]

If you take your time to read many of the weapons being used in A3, especially ones with logos, then go and read that company's press releases about the uses of said logo's etc, it will surprise you.

 

Many FPS no longer use registered trademarks and logo's on their weapons due to copyright laws

[chortles 263]

That, and sometimes the companies want control over how the weapon is represented, going fictional frees the developer from that. Hell, even EA talked tough about unlicensed depiction of real-world weapons only to settle out of court with Textron for unlicensed depiction of the Osprey, Venom, and Viper...