Hey, I’m wondering if using brand names like Nissan, Mitsubishi, Honda, Toyota, etc. in my game can be considered a violation of copyright law. Some assume it is copyright infringement because they are copyrighted brands and car names used in a game, but the other side of that argument is that:
- It’s not for direct monetary gain (robux transactions)
- Fair use laws (Quick summary here)
- Roblox content is considered a “mod” or “Fan Art” so there may be some results for that
Should I worry about copyright infringements if I’m using real brands, real logos, and real car names?
Thanks!
P.S. I wasn’t sure what forum to post this in, so I posted it here.
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Fair use is a very lose term and is almost an excuse to use copyright things. Also, fan art is considered an interpretation which in general is still under copyright and wouldn’t be legal. This is why it’s illegal to sell fan art or custom takes on things like Star Wars characters, plus logos or names can be subject too.
It’s best to get permission directly from the copyright holder(s), if you want to avoid copyright all together simply be unique and create your own stuff. Now, seeing as some specific games on roblox feature these brands/names/and full car model itself I don’t exactly know how cars are currently being taken. The end decision is up to you on what you do, and I’m not a lawyer but this is some information to give you an idea; essentially be careful and think it through. Odds are, if you’re asking yourself if you should or are allowed to do something you probably can’t/shouldn’t.
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Yes yes and yes. Regardless of brand and shape they infringe copyright laws. Now I am not a lawyer but from searching forums and talking to a few lawyers I’ve been told the way copyright works in the automotive field is if a design is 80% similar or has really prominent features of a car brand, they are subject to be sued (which is based off the intellectual design copyright act.). You’re best bet is to just make your own, it saves time, money and gray hairs.
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