Re: Copyright question

#2
This is a question for a lawyer to be 100% sure. The circumstances will vary depending on what guns, the type of marketing or even where you live (in regards to law).

Interestingly there is a thread on reddit with this exact subject;
https://www.reddit.com/r/gamedev/commen ... ideo_game/
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Re: Copyright question

#4
BoggedHydra61 wrote:So say i make a game with a gun without asking the company that owns that weapon can my game be sued for copyright infringement or do they fall under fair use or do the companys not care

Always ask the author for permission before using it. When doing commercially available games this becomes extra important.

Re: Copyright question

#6
lavizh wrote:
BoggedHydra61 wrote:So say i make a game with a gun without asking the company that owns that weapon can my game be sued for copyright infringement or do they fall under fair use or do the companys not care the most exclusive log cup bets from oddsdigger

Always ask the author for permission before using it. When doing commercially available games this becomes extra important
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Re: Copyright question

#7
BoggedHydra61 wrote:So say i make a game with a gun without asking the company that owns that weapon can my game be sued for copyright infringement or do they fall under fair use or do the companys not care


This question has been debated back and forth for quite a while, and the general consensus is it depends.

Technically, yes you could face legal trouble, or at least legal action, for unlicensed use of a firearm in your game.
A prominent argument is that fictional work (like a video game) incorporating a copyrighted product doesn't constitute a copyright violation (this defense was notably invoked by E.A).
Others would argue that the likelihood of a firearm manufacturer not only coming after you, but also suing you, to be very unlikely (as the plaintiff would generally have to prove harm or loss as a result of your unlicensed use of their product- unlikely for a video game unless you're doing something like directly attacking firearm manufacturers/usage/ownership or depicting something detestable associated with their product)

In the end, it's up to you how you want to proceed. Some use methods like obfuscating the name of the copyrighted weapon and retain the likeness, or simply use generic names.
The question is do you, the indie developer, have the resources to face a legal battle with a potentially large corporation? If not it's probably safer to seek out permission before incorporating copyrighted material into your game.

*I am not a lawyer and the views expressed here are my own, and should not be taken as legal advice.

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