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Cars in online game

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3dArtist

Junior Member
Hello, I am thinking of buying a few 3d car models online from a few websites. The cars are identical copies of real life models and I was wondering if I'd still have issues with copyright if I used them. Is there an expiration date or a limit for the copyright on vintage car models? In the case of buying new vehicles from existing brands, or old ones, would I need to remove the logos, or would I need to adjust the body a bit too in order for me to be able to legally use them in a for-profit game?

Regards,

3dartist
 
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quincy

quincy

Senior Member
3dArtist said:
Hello, I am thinking of buying a few 3d car models online from a few websites. The cars are identical copies of real life models and I was wondering if I'd still have issues with copyright if I used them. Is there an expiration date or a limit for the copyright on vintage car models? In the case of buying new vehicles from existing brands, or old ones, would I need to remove the logos, or would I need to adjust the body a bit too in order for me to be able to legally use them in a for-profit game?

Regards,

3dartist
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What is the name of your state, 3dartist, or, if not in the US, what is the name of your country?
 
3

3dArtist

Junior Member
Hello, I live in Ontario, Canada but the game is published in Europe and North America.

Regards,

3dartist.
 
quincy

quincy

Senior Member
3dArtist said:
Hello, I live in Ontario, Canada but the game is published in Europe and North America.

Regards,

3dartist.
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We only handle US law questions on this site, 3dArtist. Sorry.

Although the IP laws in our two countries are similar, they are not the same. Even if your game has worldwide distribution, if you are sued over your game, you will be sued in an Ontario court under the laws of Canada.

For one example of why the laws in the US will be of little use to you: In the US, a First Amendment defense has been used with success in a few trademark infringement claims (one game-related trademark infringement case decided in favor of the video game publisher last November). But there is no First Amendment defense available for you to use in Canada so our case law will be of no benefit to you.

Anyway, ALL cases are fact specific, so a personal review of your specific game, and how you are using (or intend to use) the rights-protected material of others, would need to be done by a professional in your area. Even if there is a chance you could win a lawsuit filed against you, however, it is still smartest to get permission from any rights-holder prior to any use of protected material. It is best not to be put in a position where a court must decide your fate.

Good luck.
 
quincy

quincy

Senior Member
STEPHAN said:
Work with a local lawyer that also knows international IP law. You are at risk and should not depend on advice from the internet.
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3dArtist appears to have more of a trademark issue than a copyright issue with his game idea but, yes, working with a lawyer familiar with both Canadian copyright and trademark laws would be smart.

There are ways for game creators to use the trademarks of others in games, both in the US and in Canada. But 3dArtist needs to make sure his particular uses do not result in a lawsuit, which requires a personal review.

As a note: No poster should ever rely on any legal advice provided on the internet, unless the advice is to seek out the advice of an attorney in the poster's own area. The disclaimer at the bottom of every page of this forum is, with luck, read by the visitors to this site.
 
quincy

quincy

Senior Member
3dArtist said:
Alright, thank you for your input. I will look further into it.

Regards,

3dartist.
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I think you are very smart to look into the legalities before creating or marketing your game.

Good luck.


Edit to add for our US readers:

A recent forum thread on the same "trademarks in games" topic: https://forum.freeadvice.com/copyrights-trademarks-39/game-design-question-611354.html

A defining case using the First Amendment defense to a trademark infringement suit (Rogers v Grimaldi): http://www.leagle.com/decision/1988807695FSupp112_1788
 
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