Sir-Ex

Anyone know the answer to this question? Google has not been very helpful.


Take this attached image for example, a photoshopped XM8 posing as a magnetic propelled Assault Rifle in a top-secret media project. Would selling a product including this image be legal?


I'm guessing yes... as I see so many games that include the very names and designs of real guns and I can't imagine they all have to go through a process of getting rights to using them.

Attached Images

 

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Roach

guns kill people, pictures of guns don't.


that was too easy.


Photo editing techniques add value, just ask Hugh Hefner

kamikazi89

you probably do have to get rights, i know they do with cars

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Canuck Wisdom

Not that its the most sound business decision. But if you got that picture off the internet, and edited it significantly, if you don't include a source or mention what gun/manufacturer it was based off there might be no way to know and therefore legality doesnt matter.

But then again there might be a way to tell...

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Roach

I think it depends on if the original image was copyrighted or not.

Photo Copyrights

adventure

is it me or does this not look like a real gun... anywho!?!?

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Coming Full Range

HTAM

You would also want to wander around in the Licensing and Trademark areas. That might provide you with a little more insight.

http://digitalhhr.com/2009/05/in-gam...ur-video-game/

Sir-Ex

It's a photoshopped image of an XM8 assault rifle. I've taken off certain parts of the gun and added a few things and changed the texture and colours a bit.


From what I gather, it would be illegal to use the name without permission, but using something in the likeness of a gun would be okay - I'm assuming the folks who created GTA haven't run into problems with all their cars that closely resemble real life cars but have different names attached.


As far as the original image itself being copyrighted, this one in particular seems to be free to use. As for ones that are copyright, I figure there's no way they could prove you didn't just recreate an image based on an original. You could just say you were very meticulous about it.

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Dr. ShinDig

use the image, I dont think anyone will care. But Jesus God damn using that striped background is a fucking sin!

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Flamingnun

Lol u srs? Games publishers pay for the rights to use weapon brands, games publishers (and weapons manufacturers...) are incredibly litigious. It's also not legal to use a copyrighted design as your own, even if it is Photoshopped (albeit it looks decently done, so the likely chances are you'd get away with it until your game goes massive).

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adventure

GTA might have used the parody loophole. same way SNL can use peoples names. and weird Al gets away with his stuff.

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Sir-Ex

Really? I quite like the interlaced green line scheme

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Sir-Ex

Well, again with referencing GTA, I know they have their guns in direct likeness to famous weapons in reality, and they are just referred to as Assault Rifle or whatever. Do you think Rockstar had to buy the rights to have their assault rifles look like M16s?

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Roach

I'd like a folding paratroop type stock, digital round counter, magnetic field strength meter, desert camo, shortened hand grip (lithium ion battery holder)(or some newer magic power source)(fuel cell), change front grip (shorten) to a downward post (fold forward) and an under barrel torch (light). delete the venting rib on top of the barrel.(special non warping barrel )

then copyright/watermark it.

totally different gun.

call it a full auto rail...or some crap.

John F. Kerry

its a question of what your going to do with it.

if its a trademarked or copyrighted image you technically need to get permission to use it. especially if your using it for commercial purposes.

but you can get away with a lot of use under "fair use". if you dont make any money off it, your probably safe, because they couldnt do much too u, sue you for the money you didnt make. but even if you are selling it you can use it if you are like "commenting on" or "reviewing it" etc etc... you just cant represent it as your own work and then sell the picture itself as like something you created.

http://en.wikipedia.org/wiki/Fair_use

"The first factor is regarding whether the use in question helps fulfill the intention of copyright law to stimulate creativity for the enrichment of the general public, or whether it aims to only "supersede the objects" of the original for reasons of personal profit. "

thats what i was trying to say

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John F. Kerry

so the question i guess is like can you use a ak47 in a bond video game without paying royalties to the manufacturer of the ak 47.

pretty interesting question, i think you have to license it, but im not 100%

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Sir-Ex

Guess I'll have to make my own original designs as I am indeed planning to make some money of the project.


Which kinda sucks. I think the guns I ripped off look cool

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Sir-Ex

The ak47... hmm I have no idea. There are so many variants of the AK47 design out there and I know they don't pay any sort of license fee to manufacture these other designs based on that of the original.

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John F. Kerry

Do game developers pay licenses for cars, airplanes and even more worrying, guns? - NeoGAF

heres a good discussion on this issue.

id like to read the goldeneye 007 packaging and see if they licensed all the guns. never thought about this before good topic!

http://digitalhhr.com/2009/05/in-gam...ur-video-game/

heres some more good reading on the subject sirex

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John F. Kerry

come to think of it. ill bet you can use old guns for free because copyright only lasts 70 years or something... so if you use ww1 guns and early ww2 guns you should be ok, but dont quote me

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