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Geek Culture / Is this legal?

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Slayer267
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Posted: 31st Jan 2012 01:48
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Can I use the gun Ak-47 in my game and still call it AK-47? Because alot of my friends are requesting it and I was wondering if I need to pay them or something to use the gun in my game.

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Dark Java Dude 64
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Posted: 31st Jan 2012 03:42
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Im sure it's fine, no body would care if you used 'Boeing 747' in your game, so im sure it's fine in your case as well... Also, Ak 47 is likely a trademark, as long as you dont call your game AK 47, you should be just fine!

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rolfy
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Posted: 31st Jan 2012 04:55 Edited at: 31st Jan 2012 05:02
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747® is a registered trademark used for and owned by Boeing Management Company.Full trade mark registration details, registered images and more information below.
Serial Number: 73620065
Registration Number: 1435482
Filing Date: Sep 15, 1986
Last Applicant(s)/
Owner(s) of Record
Boeing Management Company
2201 Seal Beach Boulevard, M/C 110-Sb36
Seal Beach, Ca 90740-1515 US
Boeing Company, the
P.O. Box 3707
Seattle, Wa 98124-2207 US


You will find many games using the AK47 as named for the simple reason its a Russian weapon and ak47 is not a registered company trademark at least not in the USA.
You will find many other weapons used in games though which have similar but rearranged lettering to bypass copyright, or they simply asked permission, some you can, most you cant.

I would research these things before accepting advice to go ahead.

Awesome! Its one of those threads.
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Dark Java Dude 64
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Posted: 31st Jan 2012 05:20
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Quote: "I would research these things before accepting advice to go ahead."
Precisely!

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Slayer267
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Posted: 31st Jan 2012 17:19
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Hmm... So do i rename it or keep it... The game is commericial.

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The Health Resource Site
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Posted: 31st Jan 2012 18:24
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Just be careful what you name it. Double check at the trademark site to be certain. Then again ask here at http://www.thegamecreators.com You can't be too careful about this stuff.

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Quik
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Posted: 31st Jan 2012 18:58
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Quote: "You will find many games using the AK47 as named for the simple reason its a Russian weapon and ak47 is not a registered company trademark at least not in the USA."


Quote: "Hmm... So do i rename it or keep it... The game is commericial."


I think what rofly said was very clearly pointing at: you can probably keep it the way it is, but a little googling on the matter woudlnt hurt.


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CoffeeGrunt
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Posted: 31st Jan 2012 19:41
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Besides, the AK47 was created in 1947, surprisingly. Am I right in saying that even if it did have any copyright at the time - unlikely as that would be - it would be defunct by now?
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Quik
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Posted: 31st Jan 2012 22:22
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Quote: "Besides, the AK47 was created in 1947, surprisingly. Am I right in saying that even if it did have any copyright at the time - unlikely as that would be - it would be defunct by now?"


not at all, a copyright becomes "defunct" 80 years AFTER the DEATH of the copyright holder


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Slayer267
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Posted: 31st Jan 2012 22:33
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Quote: "not at all, a copyright becomes "defunct" 80 years AFTER the DEATH of the copyright holder
"


90

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rolfy
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Posted: 31st Jan 2012 22:34
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Quote: "Then again ask here at http://www.thegamecreators.com You can't be too careful about this stuff."

This is probably the last place you should ask questions about copyright law, as far as I know there aren't any lawyers hanging around.

Awesome! Its one of those threads.
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Quik
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Posted: 31st Jan 2012 22:47
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noo, but the general COPYRIGHT, what it means and such should be common knowledge by todays standards imo :I I know i learned it in highschool at a basic computer course...

since internet is getting bigger and bigger, copyright laws should be implemented into the school teaching system...
well well x)


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WebSlingerBoy
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Posted: 31st Jan 2012 23:54
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you could just include a list of registered trademarks in a readme file. or you could as the company to pay you to put their weapon in your game so they get publicity

"Do or do not, there is no try"
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CoffeeGrunt
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Posted: 1st Feb 2012 00:26
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Yeah, but under Soviet Communism, doesn't that mean the rights belong to the Russian state?

So we have to wait until 90 years after Russia dies before we can use the name?

I'm pretty sure no-one there would care, anyway...
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Slayer267
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Posted: 1st Feb 2012 00:31
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Quote: "Yeah, but under Soviet Communism, doesn't that mean the rights belong to the Russian state?

So we have to wait until 90 years after Russia dies before we can use the name?
"


Well this sucks...

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Quik
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Posted: 1st Feb 2012 00:34
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Quote: "I'm pretty sure no-one there would care, anyway..."


and iam sure nobody at the candy store would ACTUALLY care if i took a pair of snickers...
but they do anyway, because it is illegal, and laws should be followed with no exceptions really (although people are let off the hook at times)


and its not like anyone would care if i took a picture from deviantart and used it as my avatar, although it IS illegal

etc etc

also, reading up on it, it would appear that new laws in 1993 put all works, in russia, under the current copyright law (meaning 80 years after death of author)

IF i understood it correctly that is (Wikipedia)

The thought that "no-one would care" is bullocks, ESPECIALLY for a COMMERCIAL project..

if its just something oyu make to show your friends, then sure, nobody would care ,but when you are making money out of someone elses work, you cant think like that


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rolfy
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Posted: 1st Feb 2012 00:46
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This is why I believe this is the worst possible place to ask about copyright law, the advice given is usually speculative at best.

Awesome! Its one of those threads.
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BlackFox
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Posted: 1st Feb 2012 00:54
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Quote: "This is why I believe this is the worst possible place to ask about copyright law, the advice given is usually speculative at best."


Could not agree more. You would not ask a dentist to troubleshoot an issue with your car...

You need to do the research and/or contact someone that is experienced and/or knowledgeable with regards to laws and such, particularly when dealing with multiple countries. It took my wife some time to get all the information we required for our business, and it took up over three large 3-ring binders. I would not put my business or work on the line for speculative answers.


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3D Game Maker 4 EVER
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Posted: 1st Feb 2012 01:05
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Quote: "rearranged lettering to bypass copyright"

Ak74 :3

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RedFlames
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Posted: 1st Feb 2012 01:22 Edited at: 1st Feb 2012 01:24
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Quote: "Ak74 :3"

That wouldn't be any better, because the AK-74 is an actual weapon as well, and was designed by Mikhail Kalashnikov too...

http://en.wikipedia.org/wiki/AK-74

Unless you mean using the spelling "Ak74" to get around the copyrights. But I don't really know much about copyrights, nor anything about the copyrights for the AK-47 / AK-74... I agree with the others in this thread that this would be better asked/looked into somewhere else and not here, just to be sure.
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3D Game Maker 4 EVER
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Posted: 1st Feb 2012 01:49
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[/quote]Quote: "Ak74 :3"
That wouldn't be any better, because the AK-74 is an actual weapon as well, and was designed by Mikhail Kalashnikov too...

http://en.wikipedia.org/wiki/AK-74

Unless you mean using the spelling "Ak74" to get around the copyrights. But I don't really know much about copyrights, nor anything about the copyrights for the AK-47 / AK-74... I agree with the others in this thread that this would be better asked/looked into somewhere else and not here, just to be sure.[quote]

KA74?



I was trying to be funny

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CoffeeGrunt
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Posted: 1st Feb 2012 11:08
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Y'know, I wasn't expecting the Copyright Inquisition to leap on my comment.

The difference being, is that taking a Snickers from a sweet shop is removing a corporeal object that could have been sold for the establishment to gain money from. That can't be used as an analogue for copyright theft. if I were to steal an actual AK47, yes, but I can't "steal" the name, because the original owner still has it as well, and is perfectly capable of utilising it.

Also, the AK has entered pop culture to vividly, and with all due respect to Slayer, it's unlikely that his game will be a massive release alongside Call of Duty and Halo, so I sincerely doubt the Copyright Gestapo are gunna leap on him for putting a name in his game.

If not, why not just name it after the cheap duplicate designs? E.g., the Chinese Type-56 and all those other ones.
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Quik
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Posted: 1st Feb 2012 13:02
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Quote: "That can't be used as an analogue for copyright theft. if I were to steal an actual AK47, yes, but I can't "steal" the name, because the original owner still has it as well, and is perfectly capable of utilising it."


I am aware of this.


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bitJericho
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Posted: 1st Feb 2012 13:26 Edited at: 1st Feb 2012 13:26
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Quote: "Also, the AK has entered pop culture to vividly, and with all due respect to Slayer, it's unlikely that his game will be a massive release alongside Call of Duty and Halo, so I sincerely doubt the Copyright Gestapo are gunna leap on him for putting a name in his game."


Sure, but it's just not very nice.

If you created a sweet product, for example, say a fancy bouncy ball. Would you want some random guy to make a bouncy ball game featuring your bouncy ball alongside your product's name, without your permission or even consideration?


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IanM
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Posted: 1st Feb 2012 14:17
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Lots of nonsense here about copyright in regard to names. Let me sum up the reality: No Such Thing. You cannot copyright a name.

Only trademarks can cover names, and as far as I'm aware, there is no trademark on the AK47 name, and as there is no single manufacturer for it, there never will be one.

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Quik
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Posted: 1st Feb 2012 16:17
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Quote: "Lots of nonsense here about copyright in regard to names. Let me sum up the reality: No Such Thing. You cannot copyright a name."


yes, yes so true, now i feel stupid...

There is quite a big difference between the name and the trademark >:


iam just gonna go over here, at the "silly mistake" corner and be ashamed for the rest of the day


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CoffeeGrunt
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Posted: 1st Feb 2012 16:26
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Thank you, Ian.
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TheComet
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Posted: 1st Feb 2012 16:33
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Quote: "You cannot copyright a name."


If I made a character from scratch that looked similar to Mario, and called him "Mario", why can Nintendo still sue me? (Given the model is different enough to be called genuine).

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Quik
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Posted: 1st Feb 2012 17:29 Edited at: 1st Feb 2012 17:40
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Quote: "If I made a character from scratch that looked similar to Mario, and called him "Mario", why can Nintendo still sue me? (Given the model is different enough to be called genuine)."


because they have a trademark on it

would be my guess =P

buut, iam pretty sure you cant trademark "Mario"

but, if the design is similiar, then it might be a problem


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IanM
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Posted: 1st Feb 2012 19:24
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@TheComet,
If you have a character named Mario and it looks like Nintendo's Mario then it could be claimed that you are attempting to 'pass off' or misrepresent your product as a Nintendo/Mario product.

Nintendo have built up the Mario brand, you are misrepresenting your product under that brand, and your product may damage that brand in the eyes of the consumer.

That, in most countries is grounds for a civil suit under trademark law.

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Slayer267
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Posted: 1st Feb 2012 19:42
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THANK YOU GUYS!!!!!

I appreciate it. So I shall use the name AK47 in my game

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Chris Tate
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Posted: 1st Feb 2012 20:07 Edited at: 1st Feb 2012 20:11
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Quote: "If I made a character from scratch that looked similar to Mario"


If indeed. Lol



With TheComet's game above, if the character had blue clothing and a cowboy hat; it could pass; not 100% sure if Mr. Miyamoto would mind if the name of the game ryhmes with his one. Change the name then it could be somewhat original; couldn't it? Not saying it is not a good project, one of the best long running projects really.

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Le Shorte
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Posted: 2nd Feb 2012 02:25
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Quote: "If you have a character named Mario and it looks like Nintendo's Mario then it could be claimed that you are attempting to 'pass off' or misrepresent your product as a Nintendo/Mario product."

Wouldn't that cut the same way for the AK-47?

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Slayer267
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Posted: 2nd Feb 2012 02:34
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Hmm.......... Sometimes I wonder about the dumb laws the US makes...

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Vent
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Posted: 2nd Feb 2012 03:28
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AK-47 is just the name of the model, like M4, or G36. There would be no problem with that. But if you called it Izhmash AK-47, Colt M4, or H&K G36 then there would be a problem.



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Quik
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Posted: 2nd Feb 2012 07:55
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Quote: "Hmm.......... Sometimes I wonder about the dumb laws the US makes..."


expalin?


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Dark Java Dude 64
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Posted: 2nd Feb 2012 08:52 Edited at: 2nd Feb 2012 08:53
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Why would anyone need to explain? Especially considering SOPA was almost passed.

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Quik
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Posted: 2nd Feb 2012 12:10
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offcourse ,but i was just asking if he was pointing towards a specific law


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IanM
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Posted: 2nd Feb 2012 14:48
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@Le Shorte
Quote: "Wouldn't that cut the same way for the AK-47?"

Not right now, no.

I already knew that the AK47 was not manufactured just by a single company (although my searches show the Russian company Rosoboronexport is trying to gain a worldwide trademark for it).

Those other manufacturers are not making them under license either - apparently there are about 30 of them.

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Dark Java Dude 64
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Posted: 2nd Feb 2012 23:00
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Quote: "offcourse ,but i was just asking if he was pointing towards a specific law"
Ahh, i see!

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Le Shorte
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Posted: 3rd Feb 2012 00:40
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Quote: "Those other manufacturers are not making them under license either - apparently there are about 30 of them."

Aah.

Then, by all means, Slayer. Calling an AK-47 and AK-47 would be like calling a computer a computer.

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Fallout3fan
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Posted: 3rd Feb 2012 04:56
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Try doing what Goldeneye did to calling their weapons.

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Quik
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Posted: 3rd Feb 2012 09:04
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Quote: "Try doing what Goldeneye did to calling their weapons.
"


which is?


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Slayer267
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Posted: 3rd Feb 2012 17:56
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Quote: "which is?"


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CoffeeGrunt
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Posted: 3rd Feb 2012 19:52
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Giving them made up names?

RK-76, there you go...
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Quik
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Posted: 3rd Feb 2012 20:00
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but thats hardly related to only goldeneye as a LOT of games do that :S


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KeithC
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Posted: 3rd Feb 2012 20:40
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Pretty sure he was just giving an example; and it's a good idea.

-Keith

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PAGAN_old
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Posted: 5th Feb 2012 00:24
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Really, i think you can use the name AK-47 without any problem because the AK-47 is just a common nickname of this gun and there is no real gun in existance with a licenced name- "ak-47"


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TheComet
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Posted: 5th Feb 2012 22:52
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There are so many games out there using the name "AK-47", who cares if you use it? And to add to it, your game has to become pretty popular before people start complaining about copyright. Don't worry about it.

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Posted: 6th Feb 2012 02:05
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Quote: "your game has to become pretty popular before people start complaining about copyright. Don't worry about it. "

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