Car brand licensing (?) in a free game

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4 comments, last by frob 3 years, 5 months ago

Hello,

It's a 1000 year old topic, and well known that commercial games must have a license deal with car manufacturers in order to use their brands in a racing game, no question about that.

But, what is the situation with free games?
I've been digging the net for a proper answer but there is hard to find any authentic info.

So the situation is:
I made a hobby simulator that I want to put out for free, no ads, no additional content purchase, I'll not make any money on that game.
Suppose, I buy/create a Ferrari model, can I put that in the game, and give it for free?

If anyone has exact info on this matter, or a direction to a document that I can read, I'd be very pleased.
And please, no “I heard…”, “I believe…” and “My friend told me…” kind of solutions ?

Thanks in advance,
-Marcell

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Generally

Logos, names and body designs of cars are trademarked and can't be used outside of situations explicitly stated in trademark law (while this may slightly differ per country it will in general mean - no, you can't use them in your game, even when your game is being free).

The only way to use them is to contact the owner of each brand and ask for permission. You will most likely be presented with an agreement, which will contain conditions under which you can use each brand. Each of the brands owners will see this as an advertisement and will have specific conditions for each of their cars (whether the game is free of charge or being sold doesn't matter - it is still an advertisement).

Just to describe an example - in Forza 4 team there was one full time employed person whose responsibility was to make sure the cars in the game looked like and matched the performance to various licensing agreements they had with multiple companies.

My experience

I have been in similar situation in the past with non-game project. It was an advertisement project for single car company, now while it is clear we didn't have to pay any fees (as the project was made directly for them), we still had an agreement which included quite long list of requirements for quality. They had a person which was regularly checking our compliance with all requirements.

Due to legal agreements I can't tell you exact details, nor I can show you how such list of requirements look like (it will be longer than you expect) - but in general it ranges from specific things like allowed body colors, through specific features that you must show (which are often main selling points) to having certain level of quality of how the end result looks like.

Do NOT try the way where you use their trademarks without written permission even in free game, stating that no harm was done as the game is free. Court will dismiss such argument. You will not win the lawsuit.

In short: You must consult owners of trademarks. If you're presented with agreement or offer, I recommend you take a lawyer with you. If you agree on using trademarks - you will have to satisfy their conditions.

My current blog on programming, linux and stuff - http://gameprogrammerdiary.blogspot.com

bmarci said:
commercial games must have a license deal with car manufacturers in order to use their brands

ALL games must have a license deal with car manufacturers in order to use their brands

-- Tom Sloper -- sloperama.com

@vilem otte Thanks for all the info, even if they were not what I was hoping for ?

So, I see no chance that I (as an individual person making games at home in free-time on no budget) can get into a license negotiation with a major sports car manufacturer…

fleabay said:
12:45 timestamp for video game specific example.

I'm not that convinced…
This example in the video just proves me that I can use a fake Ferrari looking model, and even then I have good chances for somebody in Maranello doesn't like it ?

There are allowed uses and defenses. But the thing is, they are legal defenses which are decided by a judge after a lawsuit.

Can you afford the lawsuit? If it comes, once you and your lawyer are standing in front of the judge, can you make the proper legal arguments that you properly followed the law at every step of the way? You are also playing the game of being small, but what if your project succeeds, are you prepared for the tremendous target that would paint on your back?

This is a creative industry. Create something new. It is easier.

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