Quote: "Just out of curiosity, on the subject of copyright infringement. If I make a MP5n, do I have to pay Heckler and Koch for the use of their design? I'm not trying to start a flame thing, I am just curious about how things like that work. I'm thinking technically I would because if I sell the game using the MP5n, I am making money using their design and they get nothing for it. I could be wrong though."
No. Form factor of a gun is not subject to copyright. Only if you used the HK logo would you be infringing on their trademark rights. Weapon designs and manufacturing processes are generally protected by patent law to deter other manufacturers from cloning their products. 3D game models do not violate patent rights. You only would only need permission if you were to use the logo and/or company name in your game. In some cases the
full name of the weapon may also be trademarked (ex: "GLOCK 17"). So, as long as you don't use HK's name, logo, or use copyrighted photos for the textures; you're fine. For the record, all weapons I sell are free of any trademarked material and generally have fake Mfg. names on them or fictional weapon names altogether. Name designations assigned by the military are not protected (ex: "Colt Commando" or "Colt RO733" or "CAR-15 Commando" are protected, vs. "XM177", "M-4" or "M-16 Carbine" which are OK to use).
Just, FYI; vehicles are pretty much the same rule except that often there are small features which are trademarked such as the kidney-shaped grille on a BMW or the dual-circle tail lights on a Corvette.
