Legal Issues with Gun Designs in Games

JonathanLambert · Feb 2013

Has there ever been a case of a gun company going after a game company for having a gun model that is too close to the real design without a license? Will I be OK if modify a design a little and change the names and logos?

We are talking about a small indie game not AAA title.

Spiffy664 · Feb 2013

I would say as long the as the design is sufficiently different enough you would probably be okay, and in most cases you would just get a cease and desist. Depending on the gun, the differences between two guns from different companies could be quite subtle, which would let you argue that it was supposed to be like a totally different gun then they perceived it as being. The same in my opinion applies to cars. These types of man-made products are so derrivative of one another you could argue your slightly modified design is entirely original.

However ultimately when seeking legal advice you should talk to an attorney.

VelvetElvis · Feb 2013

It depends on if the gun company has some extra time on their hands. More often than not, they will come after you about the logo or the name of the gun over the actual design of the gun. You know, like that desert eagle looking gun that is called the Night Hawk?

A similar case in the architecture world where an online prop company was repeatedly asked to take down the Kitchen Aid Mixer model, even though the name or the logo wasn't on it. They called out in an infringement of the iconic design, shape, and silhouette. But that is an extremely rare case. There are plenty of model collections that have exact copies of real world models in them.

cholden · Feb 2013

There's so many models and makes of real rifles/pistols/etc. that are almost identical. So slight changes in design, logo, and so on, shouldn't be a problem. However, I'd be more careful with specific, iconic looking guns. As stated above with the Desert Eagle.

GarageBay9 · Feb 2013

...didn't we just do this thread, over here?

http://www.polycount.com/forum/showthread.php?t=116893

Kurt Russell Fan Club · Feb 2013

There have been a few good articles that discuss this recently.

http://www.eurogamer.net/articles/2013-02-01-shooters-how-video-games-fund-arms-manufacturers

slipgatecentral · Feb 2013

JonathanLambert wrote: »

Has there ever been a case of a gun company going after a game company for having a gun model that is too close to the real design without a license? Will I be OK if modify a design a little and change the names and logos?

We are talking about a small indie game not AAA title.

Not sure what was the reason, but at some point Counter-Strike devs changed names of all weapons in game. New names like KM Sub-Machine Gun for MP5, or Maverick for M4A1, Night Hawk for Desert Eagle

It's back to real names now, i think

Xoliul · Feb 2013

I know a company came after Bethesda for one of the shotguns in Brink, the Hjammerdeim or something. It was a very specific gun with a special revolving magazine, very bespoke special design and it looked very similar.

If you're just talking about design and not naming, it's easier to stay clear of issues. You probably want to avoid American and European manufacturers that care a lot about their brand identity. I know how for example Glock's grip pattern is patented and you should stay away from it, same for HK's red and white "picto" safety indicators. Similar, if there are brands that have very specific designs that they see as part of their identity, just stay clear and modify it enough.
It's a lot safer to go for staple gun designs that have been used by the military a lot in a lot of different versions: an M1911 is pretty safe if you don't go for one of the special custom ones (like a Kimber or something). Things like an Uzi or more vanilla flavored M4's are all fine too i guess, nobody really has claim to those.
I also wouldn't worry at all about Russian or Chinese weapons, I don't think anybody from over there will come after you, even the names are probably completely safe.
And in terms of names: military designations are fine, nobody has claim to those. M1911, M4, M16, M9 all that stuff is OK. Not Colt 1911, Armalite AR-15 or Beretta though

McGreed · Feb 2013

I believe that GTA had the same issue with cars, but what else of the big 'props' you have to watch out from recreating in game? Because if you make a game in this time/reality, you would like to make stuff that is recognizable, would it be a soda can or a train and so on, because that's what people might relate to and it is easier to recreate something that already exist in the world, without having to create a new brand/model.

King Mango · Feb 2013

I think once you start talking soda can, then you are looking for THEM to pay YOU if your game starts selling like minecraft. I was gonna say hotcakes but that's so last century.

Ace-Angel · Feb 2013

Not always the case, I remember specifically reading up on a HomeFront article and how Koas peeps were in talks about getting real-life brand names in the game to make it authentic, even without royalties (EI: free, they just needed the approval) but many companies were wary of allowing a pseudo-American-military-modern-shooter which has certain overtones carry their brand ingame for the 'authentic' feeling, be it free advertising or not.

So the gist is, simply put, know what game you're making and what brand of weapons you're aiming for. While AK-47 being used by terrorists is perfectly fine, maybe Heckler/Koch and Magnum wouldn't be too happy in having their harder grade weapons be used is an Airport shooting scene.

There is also the company brand name at hand, a manufacturer of a good is more likely to come after you if you're under a big name producing something that 'looks' like their product, especially if you're making a mod (unless said mod/free game happens to show your product is a bad light or one that may not suit your target audience).

Legal Issues with Gun Designs in Games

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