Design Ww2 planes and ships

[justin]

So my game I would like to include names of the real planes and ships example: P51 Mustange - United States fighter and/or USS Iowa United States Battleship would I need to get approval to put these names in the game?

 

[justin]

Well if anyone has any idea please let me know

 

[Aura]

https://forum.yoyogames.com/index.php?threads/using-real-gun-names-in-games.1467/

I'm not a lawyer, so no promises of the validity of that information. Your best bet would be to consult a lawyer (perhaps Jas Purewal) if you want absolutely accurate information in that regard.

 

[chance]

Copyright and trademark are interesting concepts. There's some subtlety to understanding them.

Manufacturer's names are trademarked, of course. So for example, you couldn't market a new automobile and call it a "Mustang". However, you could write a fictional novel where the character drives a Mustang, and you could call it by name. No problem.

The issue arises when the name becomes the focus of your game. That's why, for example, GTA uses car names like "Felon GT made by Lampadati". Or motorcycle names like "Bati 801 by Pegassi". Because their game is all about vehicles -- so they'd be violating trademark to use real names.

So technically speaking, if you're making a battle game, you might be breaking copyright law by using real ship and aircraft names. But on the other hand, if your game has strong historical elements, then using WWII names could be considered fair use in a historical setting.

In the end, I wouldn't worry about it.

 

[justin]

Copyright and trademark are interesting concepts. There's some subtlety to understanding them.

Manufacturer's names are trademarked, of course. So for example, you couldn't market a new automobile and call it a "Mustang". However, you could write a fictional novel where the character drives a Mustang, and you could call it by name. No problem.

The issue arises when the name becomes the focus of your game. That's why, for example, GTA uses car names like "Felon GT made by Lampadati". Or motorcycle names like "Bati 801 by Pegassi". Because their game is all about vehicles -- so they'd be violating trademark to use real names.

So technically speaking, if you're making a battle game, you might be breaking copyright law by using real ship and aircraft names. But on the other hand, if your game has strong historical elements, then using WWII names could be considered fair use.

In the end, I wouldn't worry about it.

Everything I'm using is basically 70years or older some I doubt they repataned

 

[justin]

i think i read an article about MGSV's guns not using actual gun names because they didnt want to buy the rights to use those guns' actual name

what about government named things? Example: Uss Fort Worth Uss enterprise Uss Missouri USS Iowa? And so on....

 

[Robert]

hmm good question I would like to know that too because I I would think that all of that stuff is public domain since technically it's all owned by government which is public domain.

 

[Yal]

Everything I'm using is basically 70years or older some I doubt they repataned

Patents is something completely different (patents means only your company can create something using particular tech), copyright and trademarks means only you can use a NAME (design etc) so other people can make things that work the same way, but they can't use your name/design to trick consumers they're buying your product. E.g. you can use the Coca-cola recipe because its patent has expired, but you have to come up with a new name for your drink because the Coca-cola brand is trademarked and copyrighted.

 

[Morendral]

Well I guess games like Hearts of Iron would be a good reference for you. They use all those actual ship names plus other military stuff. I wouldn't worry about using them either

 

[Andy]

This is a good question.
I know games like Battlefield did pay rights to use protected gun designs (like a AR rifle platform). However, after Sandy Hook they "stopped in protest" (or to save money ).
EA is now fighting for the right to depict real world guns, and military equipment, without obtaining licensing:
http://www.theverge.com/2013/5/8/4311300/electronic-arts-distances-itself-from-gun-manufacturers
http://kotaku.com/5874076/ea-invoke...es-in-trademark-dispute-with-helicopter-maker

Will your game be free? I doubt you will run into issues unless you're creating a commercial product. If you plan on making money, it might be good to look into your local laws.

 

[Yal]

I doubt you will run into issues unless you're creating a commercial product.

Not quite true... a company can force you to take down the game (aka make it inaccessible to players) if you violate their rights, but very few companies would sue someone expecting a profit over a very small game... lawyers are expensive, so you would most likely face actual legal action only if either great prestige or enough money are at stake for the company. Getting shut down is bad enough of a consequence, though, so why even take that risk?