Yes I know, obviously you can sell your own made-up Sci-Fi guns on CG Trader
but what about the ones made by corporations like Steyr, is that okay?
Basically I'm asking if I can sell a game ready recreation of a Steyr Aug or a FN scar,etc legally.
Does it vary from country to country/Company to company?
Replies
I think you already know the answer to the question - the fact that some people do it and get away with it doesn't mean that it is legal - even if a manufacturer doesn't press charges against a big publisher/studio when they do it.
If you don't have the license to use an existing design (whether it is a pop culture character, a car, or a weapon) then you don't have the right to make money out of it, plain and simple. Of course there is always a fine line between legality and what happens in practice on a case by case basis, but that's irrelevant.
In short : not okay.
You're not going to get thrown in jail for doing this, but you risk legal problems if you do it. You may have further legal liabilities if say, you produce content that is protected under copyright, sell it to a 3rd party, and then lose a lawsuit over it. Will you be responsible for anything wrt the third party?
Now, these sites are full of this sort of content, so the likelihood of anyone coming after you is quite slim. However, there was a fairly high profile case recently where B&W or Audi or one of those companies went after Turbosquid for allowing such material on their marketplace. So, even if it is not currently a problem, it may be a problem some point in the future.
Honestly, I would focus on original designs anyway. No legal issues, plus you're not competing with 300 other Steyr Aug models.
that's a shame
Okay new question
I'm still gonna go ahead and make the rifle and use that in my portfolio as a portfolio piece(not gonna sell it though)
is that okay?
Typically the way this sort of thing goes is that companies are interested in other companies doing stuff. Not so much individuals, unless you're doing something exceptional like making a boatload of money or using the content in some way that is offensive to the brand.
I've seen dozens of those for sale on there
probably because the AK 47 is so so common
In most cases on Turbosquid, if you include the actual logo, may force you to list the model as editorial/news use only. Which won't stop the end user using the model in anyway they want to, but it covers their asses.
Logos tend to be a bit of a tricky point more so than the actual design features. Though this BMW suit may change that as they are going after the designs.
Yeah the safest rout is making your own stuff by far and importantly remembering to slap a copyright on it pronto before uploading as a polished portfolio asset, otherwise risk some egg-head ripping a copy. Although here's a happy thought you could always cut 'em off a the knees bleeding them dry with royalty kick-backs but an expensive exercise tho going after the filthy sods