tournamentdan's Blog

Cool. Nice find. I think it is rather silly how they are trying to sue people that put their stuff in video games when its not a major part. These are things that people see in everyday life. Though I do agree on one point. if the draw of the game is the fact that you can drive a Ferrari 'whatever' then that is a different story.

Interesting article Dan. I wonder if game companies could turn it completely around and treat it like advertising. You could play various companies off against each other to pay to have their car featured in the game

That is a great point Pixel. I am sure it could get to that point if the game was popular enough. Movies do it. I wonder how much GM paid to get their whole line of cars in the Transformer movies?

The situation in the case of EA and Bell here is different because the designs are military and therefore funded by the US government.

 

The Military Toy Replica Act (2006-2007), would have precluded contractors from seeking licensing for designs and designations contracted and paid for by the US government. The bill never got out of committee.

 

When it comes to trademarks and copyright of design and likeness, a request for copyright registration numbers as well as trademark registration numbers would require them to document their claim. Without such paperwork they have no claim.

 

The EFF has interceded on this issue (circa 2005) and successfully tangled with Lockheed. However the prudent approach is to approach is to invite manufacturers to advise you on the basis of any copyright claim.

 

That's the benefit of the legal advice I got on this topic.

 

In short, do you need to license, the answer is a definite "maybe". :/ stay away from trademarks and you should be fine.