Hello, can I use this assets in a game? Or do I need an (irrialist) license? I don’t intend to use names, logos, etc, just the models. Thanks 
Depends on where did you get those models.
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this is a question no one here can answer
cars are not only protected by brand name & logo, but also by design
and this whole design thing is a grey area. it means, you need to change the cars and cannot remodel the original, but the question is, how much do you need to change it.
i’ ve seen some numbers floating around, but its not like courts would say “yeah, change it up 25% and you’re good to go”
so, there’s a potential getting sued from the car company
and then there’s the potential of getting sued by the creator of the models itself if you don’t have a proper license for them.
(e.g, someone ripped them from a game and sold them on say turbosquid)
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I made the models in blender. So the work is 100% mine.
I am worried about that design protection from brands…
If they are recognizable as a specific brand/model of car, or really any product, then you’re opening yourself up to the possibility of being sued. It depends on how identifiable they are, and how litigious the IP owner is. The left one is an obvious Lamborghini and I don’t even know Lambo’s.
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I would make one or two smaller, but still significant design change on these models before I put them in a paid product or put in a game where they are in the center.
Although you should know that there is no clear cut here. You can be sued even if you think it’s okay. (They may lost the battle, but still, do you have enough money to go through the process?)
To be on the safe side, you should avoid any design which resemble the original cars in any way. (Unless you don’t expect to having legal problems, however you wouldn’t ask here in that case)
Disclaimer: I’m not a lawyer, it’s my personal opinion, please, consult with a legal person before you make any decisions, etc, etc.
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Thank you all. It’s better to create my own designs just to be safe xD
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Yep. Good move.
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I’m not a car guy - but have done a couple in 3D over the years. The simplest way to edit the look (imo) is to change the shape/design of the windows. Might be enough to make them look quite unique.
I’m also not a lawyer - I’m a animator.
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what if… it’s a parody? parody is protected in the US… but not in France… so … its a legal mess… but “parody”: is always a good way to go… .
My kid has been talking to me about his dream-game… F-1 type and stockcars of 100 years from now… I was thinking about how to handle the brands… and I decided that in the story, ALL the major brands made very very bad marketing branding decisions and all have new named in 2118… like Ferrari becomes “F-Horse”… which sounds like “Force” if you say it… (like I said bad marketing rebranding choices)… but this would allow me to have a “Ferrari” like team, without getting into any trouble over it… (oh, yeah, also rebranded the logos, etc… )
but yes… if you copy a recognizable shape, there can be complaints about that…
(not just cars… if you make too good a guess on what a scramjet engine looks like you can get a visit from No Such Agency, too)
But if it’s a racing game, it’s not a parody.
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Ok, “satire” then… The Hulk, carrying a lightsaber wearing a mickymouse hat is satire and a biting commentary on who and what is producing a large portion of our entertainment.
“satire” has as much legal lee-way in the US as “parody” does…
I can name you several racing games that were parodies… Carmageddon, F1 Race Stars, Mario Kart, kinda parodying themselves… anything can be parody, why be such a nay-sayer?
Irrelevant. You don’t avoid a lawsuit to avoid losing. You avoid them because you need to pay for lawyers and the lawyers who are capable of winning against a company that has a massive legal budget are not inexpensive. You will likely go bankrupt before you win.
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It’s not satire, it’s a reference of my work.
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Parody is a legal definition that allows for copyright infringement in some cases. And it has to proven. Sticking a Ferrari in a racing game isn’t parody remotely. It’s not an argument that work. It’s best to simply be avoided. It’s not about “naysaying” it’s about sound advice. Making games is difficult enough without tempting legal action.
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Everybody always misses the Lego head and Obelix pants. This has to stop.
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Well. neither Mario Cart nor Carmageddon used real cars without major modifications.
The F1 Race Stars licensed all the stuff:
“Officially licensed to feature all of your favorite FORMULA ONE cars and teams” (source)
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To give you an idea of what i s legally acceptable, try checking out open world games that do make use of vehicles, what GTA for example did was they made obvious rip offs of the brands and branded them differently kind of like how the Chinese do in real life. So on the badges they would put fake names on the back and so on which they seem to have gotten away with.
The only way to be sure unfortunately is to talk to a lawyer and even then it’s still risky.
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that IS a LEGO head… I did miss that…
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Claiming “parody” or “satire” doesn’t prevent legal action, it just allows an avenue for your high priced lawyers you’ll hire to possibly win in court. You still need to pay the high priced lawyers, you still need to fight it out in court, and the burden will be on you and your lawyers to convince the court your game is a parody or satire and not the misappropriation of copyrighted or trademarked IP that the complaint against you will claim.
If you don’t have the extra funds set aside to fight and win in court, then this isn’t very helpful advice, even if the game is truly designed to be a parody or satire.
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On an unrelated note;
I saw you mention you worked for Bungie in another thread (I think. I was very tired when I read it).
Is your profile avatar a Blood Gulch map, by any chance?