Another tedious copyright related questions

PsychicHeart · Sun 09/04/2006 03:21:26

Woozle Wazzle,
okay, as you might've seen, when i get on my pc and don't feel like working on the pretty huge slab of meat that Hornet City is, i like to work on small games. My latest one is a street-racing game. Now, my question is this.
If i use licensed cars, ie Subaru WRX, Ferrari FXX etc. for my game.
Even though it IS freeware, what kind of risks would be associated with using licensed cars?
All help appreciated,
FB.

Radiant · Sun 09/04/2006 03:31:45

Depends if the names are trademarked or not (as usually indicated by the 'tm' logos next to them).

If not, you're probably clear; a game about a car is rather obviously not the car, and this is pretty clear fair use, possibly free advertising. If they claim they sell less cars because of your game, that's a ludicrously weak case.

OTOH, if it's trademarked, it's technically not a good idea, but the odds of them ever noticing are slim; the car industry is not known to keep a close eye (or indeed, any eye) on small-time game designers.

Either way, the worst they might do to you is ask you to stop.
If you want to be even safer, use parodies of the name (e.g. a Horsche, or Fnord Mustang).

PsychicHeart · Sun 09/04/2006 03:37:48

and it it's Â®'d?

MarVelo · Sun 09/04/2006 03:43:45

the Â® means registered trademark i believe. Or does it have to do with being kosher? or is that a P in a circle?

PsychicHeart · Sun 09/04/2006 03:46:46

oh yeah. well, the writings on the wall i suppose.
On one hand, i'd really like to use licensed cars. On the other hand, i don't
want to fall into any legal troubles or complications

MarVelo · Sun 09/04/2006 03:50:12

If they ask you to stop just change them to unlicenced.

EldKatt · Mon 10/04/2006 19:27:30

If you're indeed concerned about legal issues, infringing on stuff "until they ask you to stop" is generally not a very good idea. I don't know a lot about trademarks in particular and how that works, though.

Hammerite · Mon 10/04/2006 22:05:15

or just change the names slightly, maybe to something humourous.
e.g. Ford --> Bored (its off the top o' my head, thats why its crap)

PsychicHeart · Mon 10/04/2006 22:39:30

the only thing is i've seen plenty of flash/downloadable racing freeeware games, and while some perhaps emailed the owners or bought the license for the game(i don't think the latter would be too common), there'd be a hell of a lot that hadn't.