Weapons in free open source game

[GuyFawkes76]

Hello.
I've got a question about using real weapons' models and names in a free open source videogame (not commercial), which will exist by voluntary donations.
If we create our own weapons' models representing the real guns and name it same as in real life (without manufacturer name), will it count as fair use or what?
Thanks in advance.

 

[Just Blue]

US Law only

 

[Mass_Shyster]

Disclaimer: I may be a lawyer, but I'm not YOUR lawyer, and I don't practice intellectual property law.

Now that that's over. There was a video game a while back put out by a famous Japanese company with a title very similar to a famous spy movie. They made up names for all of their weapons.

I'm not aware of any video game makers being sued by firearm manufacturers, but that doesn't mean it will never happen. Right now, the Bushmaster name is frequently used as synonymous with mass shootings. I'm sure Bushmaster is not all that happy about that. If your game gains some popularity using one of their weapons, and they decide that your use further tarnishes their name, it won't be hard for them to sue you and tie you up in court for years, while you pay a lawyer.

I'd blatantly steal the idea from the Japanese company. But don't steal their made up names. That would probably bring a lawsuit faster than using real weapon names.

 

[GuyFawkes76]

Well, using fictional names is a variant, but if there were any possibility to use real ones, that would have been awesome, because we want the game to be as close to the reality as possible.

 

[adjusterjack]

Well, using fictional names is a variant, but if there were any possibility to use real ones, that would have been awesome, because we want the game to be as close to the reality as possible.

Then contact the manufacturers of the weapons and ask for consent to use them in your game.

You've seen movies and TV shows where product names appear all over the place. Well, guess what, those producers got consent to use those images and products. For the most part it's free advertising for the makers and, in many cases, they pay to have their products shown on screen.

 

[quincy]

Hello.
I've got a question about using real weapons' models and names in a free open source videogame (not commercial), which will exist by voluntary donations.
If we create our own weapons' models representing the real guns and name it same as in real life (without manufacturer name), will it count as fair use or what?
Thanks in advance.

Your main issue could be trademark infringement but there potentially could be design patent issues.

I suggest that you either contact the trademark holder for authorization to use their identifying trademark (e.g., Bushmaster, Beretta, Colt), or use a generic gun name (pistol, rifle, revolver) with something unique to you alone (a created word), or review your plans personally with an IP attorney in your area.

 

[NeilTheCop]

Colt 45, AR15 and AK-47 seem to be quoted everyday around the world.
Is there a common usage caveat?

 

[quincy]

Colt 45, AR15 and AK-47 seem to be quoted everyday around the world.
Is there a common usage caveat?

You can use trademarks in a descriptive way. If you are driving a Ford Mustang, you can call it a Ford Mustang.

What you cannot do is use someone else's trademark as an identifier for your own goods/services or to imply an affiliation with the trademark owner that does not exist or to capitalize off/profit off the trademark or to tarnish the reputation of the brand with your use.

If you want to use someone else's trademark/rights-protected goods/services in more than an inconsequential way, you should acquire a license from the trademark holder.

It can be easier, and would be cheaper, to create a name for a video weapon that doesn't exist in real life.

Here is a link to an overview of trademark law, using the marks of others, from the Digital Media Law Project:
http://www.dmlp.org/legal-guide/using-trademarks-others

 

[FlyingRon]

It's the "Colt" that's the trademark. Colt never marketed the gun under the name "Colt 45." That trademark applies to malt liquor. AR-15 by the way is now Colt's trademarks (they bought ArmaLite's IP on this). Kalishnikoff probably still owns the trademark rights to AR-15.

Of course, these are pretty much genericized, so unless you're using the trademarks to market your game, I'd not be too concerned.

There are no "patents" (design or otherwise) on the actual weapons. The visual and functional depictions would be fine.

 

[quincy]

You know that there are no current design patents on weapons? I believe there are. Check out the Glock patents.

It is best to avoid using any trademark in a video game without authorization.

 

[FlyingRon]

I was talking about the three specific weapons mentioned by the poster. These weapons are WAY OLDER than a design or utility patent would apply. The Colt 45 dates back from the 19th century. The AK-47 from 1947 and the AR-15 from 1949. Design patents duration are 15 years (currentlY) and 14 years back in those days if they even had them. The AR was covered by US utility patents but those expired four decades ago.

Glock didn't start in business until the 80's and is still developing new weapons and developing patents. Gaston Glock is a pretty interesting guy. In addition to patents on firearm refinements, he has some in metallurgy, electronics, chemistry, and medicine.

 

[quincy]

I was talking about the three specific weapons mentioned by the poster. These weapons are WAY OLDER than a design or utility patent would apply. The Colt 45 dates back from the 19th century. The AK-47 from 1947 and the AR-15 from 1949. Design patents duration are 15 years (currentlY) and 14 years back in those days if they even had them. The AR was covered by US utility patents but those expired four decades ago.

Glock didn't start in business until the 80's and is still developing new weapons and developing patents. Gaston Glock is a pretty interesting guy. In addition to patents on firearm refinements, he has some in metallurgy, electronics, chemistry, and medicine.

Gaston Glock has an interesting history that goes beyond his number and variety of patents.

Glock's tax advisor (Charles Ewert) embezzled millions from Glock and tried to cover up the embezzlement by hiring a French hitman to kill him. The attack-by-hammer failed and Ewert is in prison (although I believe he may be released this year).

The moral: Pick carefully your tax advisor.

 

[NeilTheCop]

Attack by hammer; why not use a Glock ?

 

[quincy]

Attack by hammer; why not use a Glock ?

That is for sure one of the more interesting aspects of the botched murder attempt.

Ewert apparently didn't spend much of his embezzled millions to hire a very good hitman.

 

[FlyingRon]

Stop. Hammer Time.