Using real-world company logos in aircraft/scenery

[rhumbaflappy]

Using a company's logo or name could be fine. But...

That company may ask to to cease and desist distribution of what they feel is their property ( logo, or even style of building, vehicle or aircraft ). Furthermore, they may demand you retrieve all the already distributed content from the general public ( an impossible task )... that impossibility would allow them to seek monetary damages.

We are tiny creatures that need to protect ourselves from the giants that may seek to crush us. The safest course is to avoid even the whiff of a copyright violation; which is the advice of this website.

Dick

 

[mgh]

Exactly. While a company may decide it's not worthwhile to pursue an individual, it may adopt a different attitude towards a web-site and its ISP.

 

[dmaher]

For what it's worth...in my time in commercial games, we've used absolutely no names, logos, or likenesses – without an agreement. That includes buildings, vehicles, and persons. All our conent is reviewed by company lawyers and their recommendations are followed. Recently I worked on a game set in New York City, we were asked to make buildings recognizable but with deliberate errors - including scale. No authentic logos. I’d say our company is very gun shy (it's a big target), and they’re not interested in testing the law. Another game I worked on did bring on a suit (patent I think) …and that got settled. Which was very disappointing because we only mimicked the action of an RMI (radio magnetic Indicator) for navigation. Another game company felt that was a violation somehow (as if they invented it). The claim hung on that one issue, but I’d say they did have a case in other respects, so maybe justice was done in the end

I’m not saying this is the law BTW, just that large developers don’t want to discuss this in court.
They give it a wide berth – like a grizzly

I’d also say, if you ask for permission…you're very-very unlikely to get it.
Their default answer, in firm language, will be to defend their authority and control...as they are obliged to do.
Perhaps just make peace with yourself in using likenesses in your 3D art, that this is still a gray area in law.

 

[ahaka]

Well, this certainly fired up an interesting conversation. While interesting, it also points out how complicated these things are in the end, and can sometimes be seen from different perspectives of law. What really got me by surprise is that you basically shouldn't even model a real-world building accurately, as it would breach some copyrights. The world sure is a crazy place...

It seems though, that even a lot of payware companies has managed this just fine. If it really was so difficult to get permission to use logos/liveries, I doubt that the big add-on companies, for instance, would have managed to make so many airline liveries to their products.

Another thing that really surprised me is, that you would need a commercial license from Microsoft to publish payware aircraft/scenery. Seriously, how many developers have got this and how much does it cost?

 

[ahaka]

How many people are aware of Microsoft's requirements and how many comply with them.

http://www.xbox.com/en-US/Community/Developer/Rules

Flight Simulator (all versions) is specifically covered.

The requirements also read "Except as described here, you can’t sell or otherwise earn any compensation from your Item... " and "If you do any of these things, we may tell you that you have to stop distributing your Items right away or that you need a commercial license."

Just read this a bit more thoroughly, and it seems it only applies if you use the game content in your production. If you make a scenery or aircraft from scratch that doesn't use any of the original game content (FSX default textures etc.) it should be ok I think.

 

[dmaher]

What really got me by surprise is that you basically shouldn't even model a real-world building accurately, as it would breach some copyrights. The world sure is a crazy place...

For buildings I think it's important to just look at it as an isolated example of company policy...rather than the letter of the law. I don't think it was based on the limits of the law. You could say the legal strategy wasn’t to win a suit, it was to avoid suits altogether. We did respect that for iconic buildings, like Chrysler Tower and Empire State building, their likeness is a brand of sorts. And in an action game there's always a risk we'd portray them in an unfavorable light.

 

[solid]

Are we not living in a very Stupid World???...I think we are......So from now on if I put an airline sign in one of my not so good looking buildings, I´ll put not a World pic for Pan American but the Red Planet Mars and call the airline Pum Umerican...problema solved!!!!!...Stupid World or what???? and problaby substitute eagles for buzzards!!!!..We sure need to start all over!!!!!or maybe have this stupid planet Explode!!!!!( I am now wondering maybe the Martians will sew me for the Pum Umerican thing???...

PS.......God, if you read this...Please shut the whole mess down, its about time you know......