Is it illegal to use real-world products in a game?

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dogk22

Guest
Guest
Because I don't see much of it in adult games

For example, can I use this free Macbook model in a game or not?



or

 

greyelf

Well-Known Member
Nov 16, 2016
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There is no simple answer to this question because the usage laws related to both Copyright and Trade Mark can be very specific based on which Legal Region (eg. Country, State, Union, etc..) and which particular License the product is covered by. It can become even more complex when more than a single Legal Region is involved.

In the legal region I live in Movie/TV production companies need to check first and get permission as need for any Product Placements done. Also depending on the situation it is not unusual for one party to have to pay the other for said placement but who pays who can depend on the Movie/TV-show and Product.
 

there

Member
Nov 23, 2016
276
173
Because I don't see much of it in adult games

For example, can I use this free Macbook model in a game or not?



or

Read about the Tort Law of Defamation and Injuries Falsehood which is common in most civilized countries. Defemation occurs when the defendant makes a false statement that may lead to someone having a lower opinion of the plaintiff (the person suing) and Injuries falsehood occurs whenever the defendant's makes a statement that results in the plaintiff's business suffering a loss.

If you want more details I've written it down. You might want to read it for future businesses.

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there

Member
Nov 23, 2016
276
173
Haha. I understand the reaction. Here is the short version. You can be sued for defamation or injuries falsehood. Both mean you are trying to hurt someone's business or reputation. The longer text details what elements are needed to prove that case in court. Just be wary of that.

*Update: I just put the longer part in spoilers.
Sorry for making it seem complicated.
 

docclox

Active Member
Game Developer
Aug 20, 2016
562
567
Simplest thing is to assume that there's a risk involved and use generic or home grown alternatives.

Alternatively, unless your game becomes hugely well-known and/or controversial, it'll probably pass under the radar of anyone likely to sue. If that's a risk you're willing to take, of course.
 

Cyan

Member
Jul 25, 2017
126
551
Read about the Tort Law of Defamation and Injuries Falsehood which is common in most civilized countries. Defemation occurs when the defendant makes a false statement that may lead to someone having a lower opinion of the plaintiff (the person suing) and Injuries falsehood occurs whenever the defendant's makes a statement that results in the plaintiff's business suffering a loss.
It's not 'illegal' in any sense.

I don't really know how you got to defamation and libel. Defamation isn't applicable and libel isn't really either. To prove libel, you have to show that I, knowing said something about you or your product that I knew was false, and that you suffered as a result. That really has no relevance to simply showing a product in a game.

The only real issue is copyright law and fair use, which is something greyelf touched on.

There is no simple answer to this question because the usage laws related to both Copyright and Trade Mark can be very specific based on which Legal Region (eg. Country, State, Union, etc..) and which particular License the product is covered by. It can become even more complex when more than a single Legal Region is involved.
Long story short, you do have the right to showcase someone elses product in your game or your art, as long as the artwork is otherwise a completely original idea of yours. That being said, don't do it anyways. If you put a Coca-cola bottle in your game for example, even if you didn't do anything with it, they could still open a lawsuit on you. You would probably eventually win if you took it to court, but there's no reason to open yourself that form of litigation.
 
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greyelf

Well-Known Member
Nov 16, 2016
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Long story short, you do have the right to showcase someone elses product in your game or your art, as long as the artwork is otherwise a completely original idea of yours.
I specifically gave an example where this statement is not correct in the Legal Region I live in, and movies/TV shows are considered the legal equivalent of what you termed an 'original idea' here and depending on the content they can also be considered 'art'.

It is true that the Copyright/Trade Mark owner needs to first notice (and care about) the potential infringement before they can decide to defend their rights or not, and that is a risk the creator of the art work needs to make for themselves** (or at less get actual legal advise in their Legal Region instead of internet hearsay).

To use the previously mentioned Coca-Cola bottle as an example, and assuming you are noticed. If that bottle is placed in a way that supports the image that that company uses to promote their product (eg. people living a active / fun life style) then they may just ignore it or give a simple warning not to do it again. If on the other hand the bottle is being used as a sex-toy or in some other way they consider inappropriate then you can expect them to react in a negative way.

** Remember many of those companies have lawyers on retainers (which I doubt the art creator does) so they don't actually need to win the case to cause the defendant harm.