Well, if you want a practical answer whats the point of guessing? There are more articles online that have practical examples and such. It’s worth googling if you’re actually considering this for a real game.
tl;dr
Big companies either pay to use it, parody the name or do whatever they want under ‘fair use’. Small companies and indies usually parody the names because they can’t afford the risk of court. But don’t take my word for it. Read. Better yet ask a copyright lawyer.
I felt the same way when I found out that the Incredible Hulk was just some white guy named Lou. How dare fiction lie to us?
In all seriousness, the names of the guns aren’t really relevant. I own a 12 gauge. A friend owns a .357. An Uncle owns a 9mm. All of these things are perfectly legal to say and I don’t need the manufacturers name to convey what the gun is. You probably wouldn’t be too happy if someone put your name and likeness in a game where you running around doing something that you disapprove of. So it isn’t really even remotely surprising that gun manufacturers don’t want their actual product names used in games where you kill people. Especially considering there are groups out there that think said manufacturers should be held legally liable when it happens. Slapping your name on the latest Grand Theft Auto is practically an endorsement for shooting police. It would be horribly stupid from a marketing, and potential legal, perspective to do such a thing. The real greed comes in trying to profit off of someone elses brand recognition.
TL;DR - No, you can’t use official names of guns, in your game, without a license to do so. Make something up.
Gigi
Your logic might be reasonable if there were two separate worlds, the “real world” and the “art world”, where art never related to money, and money never related to art…
but if you are making a video game that might make money, or might influence sales of somebody else’s product, then YOU are the one being greedy to expect free reign to just do whatever you want.
Interesting topic.
I think the relevant info was here:
And
http://www.dmlp.org/legal-guide/using-trademarks-others
Basically… apparently the whole trademark thing is a huge mess, pretty much.
Judging from the link I posted, the trademark law is complicated even for lawyers.
The blog says that you can use trademarked words:
There was a case where EA was sued by helicopter manufacturer for using their designs. EA used First Amendment defense.
The blog and reddit post say that the goal of trademark law is to prevent people from using someone else’s reputation to your advantage OR purposedly trying to ruin that reputation. So making your own (real-world) gun and selling it under widely-recognized name would fall under that category for sure.
I have strong impression that you’re probably allowed to use real gun names, but if you’re in united states, USA-based manufacturer might decide to drag you into court anyway - if they decide that you’re worth their attention.
Also:
So, I’d say you’re most likely allowed to use gun names as long as it is sufficiently obvious that you’re not affiliated with the gun making company.
One thing I think needs to be pointed out, because media gets everything (literally, everything) about guns wrong. Is that Bushmaster doesn’t make an “AR-15.” Bushmaster makes an XM-15 rifle. Bushmaster is the most popular “AR-15” style rifle manufacturer. That part is true. But if Bushmaster doesn’t need to use the AR-15 label to be the most popular “AR-15” rifle, then why does any game developer need to? Colt actually lost the rights to the AR-15 label a few years back, after taking it over from Armalite. But the most popular model of the gun doesn’t even use the name. Seriously, why does any game developer need to? A Whopper looks a lot like a Quarter Pounder. Neither are misrepresenting a hamburger. Names are one thing. Brands are another. If the companies in the actual business don’t need to use the common name to reach the top of the industry, there is no excuse for game developers to claim a need to. None. Make up a name. People will recognize the gun.
Edit: As a humorous side note, Olympic Arms, which now uses the AR-15 designation, during the “assault weapon” (AKA, black guns that look scary) ban used the designation PCR for their AR-15 clone. PCR stood for “Politically Correct Rifle” Of course, none of the changes to make it compliant had any effect on the gun’s capabilities. Because actual Assault Rifles have been illegal since the 80s. The “Assault Weapon” ban was purely cosmetic. Grand-dad’s hunting rifle was more capable than many banned guns.
If you’re using someone else’s work, you need their permission for it. Doesn’t matter if it’s a name or a visual design or a sound or a piece of text. If you don’t own it, and it has an owner, you need that owner’s permission to use it.
Product placement of guns in a first person shooter? That is wrong on so many levels.
You got the best advice in the first reply. Just don’t use real guns, or at the very least not trademarked guns. It’s easier to avoid something than to burden yourself with constantly looking over your shoulder for the lifetime of your product.
There are cases in games where you can use real names, and brands - writers have been doing this for years in books and movies, but those same writers know the boundaries and rules and usually have attorneys specializing in entertainment law.
Actually using a name is the lowest risk, the biggest being misuse & defamation - and in a violent game there’s a lot of room for unintended interpretation and negative connotations. Some brand owners don’t care, some care too much.
you can profit from other 's brand recognition in youtube videos though
i dont see a difference between games and that … both are visual/audio art mediums
…
Well, Hotline Miami has some “real” weapons (like Uzi), is a popular game and nobody sued the creator so far.
Why?
how isnt it?
Well, racing games often use real-world cars. How’s that different?
If I start sharing any more details on my opinions of Americans and guns then this thread will get locked.
Well, in my area civilians aren’t allowed to own firearms, that’s why I asked.
Racing games use cars to drive fast for sport.
FPS games use guns to kill people for fun.
Some people consider killing people for fun to be different from racing for fun, even if it is just a game.
:-\
Well, I think that using real gun instead of fake one won’t make much of a difference.
Anyway, it still doesn’t make much sense for me, but I guess I’ll take your post as explanation.
To clarify a little more, if you use a real gun instead of a fake one, your players might think the manufacturer of that gun wants you to use it the way it was used in the game.
I’m not arguing against killing for fun in a game. I play shooters as much as the next guy.
What seems crazy is the idea of a game that is based around killing for fun is used to promote buying guns in the real world. Gun control arguments aside, this is a bad idea. “Achievement Unlocked: 10,000 kills. Get a 10% discount on your next gun purchase.”