If I were to make a model with textures of a product and sell it? Like, a model of a PS3, Wii, psp, ipod, stuff like that.
I don’t think so. I have heard of sewage over a certain model in an actual game!
I guess that really… stinks
It’s considered copyright infringement. No matter what, someone will tell them, and then you will be charged with something.
i’ve come across tons of 3d tutorials how to model an iPod or a PlayStation (lol dl and sell it if you ask me). You’ve read what Destiny posted in the topic about our project. I think the same applies here. If it’s 100% your work and your design, don’t care. If it isn’t, maybe you’ve read this thread:
http://forum.unity3d.com/viewtopic.php?t=54073&highlight=patent
(i’ve found it helpful)
If you want to avoid to get trashed by someone like vethoix, ask the companies behind the product you plan to model for their permission if it’s an exact copy (especially when it contains the name and the logo).
As far as i know, there’s no problem when you parody something (however, this is a very complicated topic…and i’d post a topic on some lawyer forum 
)
http://www.turbosquid.com/Search/Index.cfm?FuseAction=ProcessSmartSearch&istSearchKey=ps3&x=0&y=0
Can you do it without breaking the law? No.
If you did, would you get in trouble with the law? No.
Bottom line is sony or others have nothing to gain from taking the time to sue people over 3D models of their products. If they wanted to they could order that you stop selling the models, but realistically, they won’t. And if they did, it would be a strongly worded letter you would be receiving, not a lawsuit.
Now use them in a game that becomes some Cinderella story with huge break out success with out their permission they might come knocking. But as for the small guy, they aren’t gonna get involved 9 times out of 10 from what I have seen.
Question is, are you setting out to make products that do not sell or attract attention? It’s a lose/lose situation.
If you model an iPod-replica, made with all of your textures (and not using any trademarks), you should not be breaking any laws. So long as you don’t advertise it as 3D Model of iPod for Sale you should be okay.
These companies have patents on their designs, which I’m pretty sure govern only the physical designs. I’m not a lawyer, but I’m pretty sure this does not include intangible 3D graphics, especially if you call it something else, for example, “White MP3 Player.”
For example, you can model a 3D MacBook Pro – take away the apple logo – and sell it as “3D Laptop,” and you should be good to go.
Again, I’m no lawyer, so don’t quote me, but I’m pretty sure what I said would be legal. It’d be hard to hold up anything in court off the assumption that your intangible 3-D model simply looks similar to an actual-life model.
Nice, thanks. What if I do something like change the apple logo to a pear? It’s been done in a few shows, especially that one kids show iCarly.
“What if I do something like change the apple logo to a pear?”
That’s a p(e)arody,then!
I’m pretty sure I brought a 3dWorld mag with a free PS2 model in it once.
AC
I have seen too many shows where one guy using something in one medium then gets sued for using it in another without permission like having the rights to the comic book but when he tried to make a movie… ouch time! I am of the opinion that if something belongs to someone then it belongs to that person/place COMPLETELY. I would say the exception to the rule would be magazines printing images of the PS3 when they do an article on it (for example). I don’t think Sony would go after the mag for spreading pictures of their model… But in all other cases I would say you are using something that doesn’t belong to you to make you money without giving a due to the owner of the item…
Using an image of the PS3 on a billboard, placing your shoe next to it and having a slogan read: “As cool as the PS3 is hot stuff!” I wouldn’t go anywhere near your product out of fear that Sony might come knocking on MY door simply for BUYING your shoe… So building a virtual copy of their money makers and selling that off for your own gain without giving them a cut… I wouldn’t do it…
But then again, if you are planning on making $1000 in total and Sony says they are not interested unless you can give them a cut equalling to $1.5 billion this is grey waters… I would simply not go there…
Personal opinion…
This is a very complex issue with varying laws in different countries. If you are selling through the internet, you are likely to be selling to multiple countries, increasing the chances of falling foul of the law somewhere.
In some countries a good defence against copyright infringement is to say the rights holder has not gone after anyone else previously, so it is unfair they are going after the accused. Therefore some companies will go after anyone, big or small, to maintain their intellectual property.
Design rights are often quite strictly enforced. If you can, look at Sony’s TRC for console development. There are extensive sections on how you can use Sony logos and likenesses. Remember as well Apple’s stance on using iPhone images in iPhone apps.
If you create a 3D model for profit that is identifiable as a particular product, then there is a lot of potential for problems. You might get missed initially as the internet is such a big place, but you could end up getting sucked in as part of the defence for bigger fish.
I’ve worked on a couple of big games with cars that were not licensed properties. Each car model was check by lawyers to make sure they were separate enough from any real car.
A pear instead of an apple is unlikely to be enough distinction. Create something generic and you should be fine.
Of course I am not a lawyer, just someone who has worked with licensed and unlicensed properties on games and had legal advice passed down to me. Laws change and are different in each country, so don’t rely on my advice. My suggestion is to err on the side of caution.
I c wut u did thar.
@Topic
Honestly lets not be so alarmist. Sony does not have a history of attacking people who make/sell 3D models of their product. And it is EXTREMELY unfathomably unlikely that they would try to sue you for damages. They have nothing to gain from it, literally, their lawyers cost a lot more than the damages they would be entitled to receive. You would have to be making copious amounts of money for them to start caring.
And like I said, if they didn’t like it, they would tell you to stop. A C&D is nothing to be afraid of.
I personally like what Counter Strike Source did the the Dell computers in cs_office. They changed the circle logo to contain the text “Beefy Computer” Clearly its a Dell Dimension desktop.
Image taken from: Coming Soon
Check out the article where the image came from it shows the real hardware it used. Valve didn’t get sued for it. You just have to be smart about it. Don’t use real logos, change the names and you should be fine by my reckoning.
It wouldn’t be a worry if all they were to sue for was a share of your profits. The worry comes if someone uses a model you created to defame the company, and they seek astronomical damages from all involved.