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How to get a a car license / brand for your game (Tutorial)

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8 comments, last by TheLicenseGuy 3 years, 4 months ago

Hey Everyone,

I saw plenty of threads some older and some newer ones about questions as of:

“Can I use car brands xyz for my project?”
“How can I get a permission to use car xyz?”
“Does it cost anything?”

And I feel like I finally wanted to share some light on this topic. Just short about myself I am working as an independent licensing consultant connecting video game developers with car brands. I have several main clients including game developers and OEM's.

So let's go step by step:

1. Can I use a real car brand for my project?

Of course you can but you will need permission from the brand. The brand itself will ask questions like:
How is the brand displayed in your project?
Does the project or game feature violence?
Is there a damage model for the vehicle?

Now some will say - Can I just take a brand and change the logo a bit and replace some letters in the name and then I don't need permission?

There are different protections we talk about.

One is the logo and the brand name which is protected and the other one is the design of the model which is protected.

So that favorite hatchback of yours will most likely have a design patent.

Bonus question: But why there are so many games especially apps which still do that?

Well the short answer is - because they are flying under the radar of the automotive brands. Sometime ago car brands barely understood the video game market. But times have changed and they are adapting and rather sooner than later the car brands will take more actions against that.


Now to the next.

2. How can I get a permission to use a car?

You either know someone working at an automotive brand who can help you getting the right contact or you just try the usual way of info@“Insert car brand”.com

3. Does it cost anything?

The simple answer is - Yes it does.

But there are cases where a car brand is agreeing on their brand being used for a project free of charge. Basically sponsoring your project with their free IP use. This kind of agreement usually only works out if your project is not supposed to be commercially.

One example could be: You are taking care of a charity of delivering food to elderly and poor and you want to raise awareness for this program by developing a mini game where someone would drive packages from point a to b. So you would like to use a specific car brand for that. This could actually work - but it's just an example of what could work.

But how much does it cost then?

It depends on the case. Usually royalties or flat fees are agreed on depending on a financial forecast based on your project.

I hope this helps and if someone has some extra questions or needs some help shoot me a dm.




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TheLicenseGuy said:
Just short about myself I am working as an independent licensing consultant connecting video game developers with car brands.

You are in marketing and not legal (even if you do happen to have a law degree). Most everything you stated has no precedent in law because most people cave and settle.

But if you're giving legal advice, please do continue.

🙂🙂🙂🙂🙂<←The tone posse, ready for action.

If there is a better category here please feel free to move it ?

And yeah there is no need to cave and settle - the easiest way to know if a brand can be used is to contact the brand. In some cases brands do agree on a brand awareness approach. But that's the decision of the brand.

TheLicenseGuy said:
the easiest way to know if a brand can be used is to contact the brand. … But that's the decision of the brand.

No it's not. Please state prior cases.

What you are saying is akin to “The easiest way to find out if you owe someone money is to call them and ask”

🙂🙂🙂🙂🙂<←The tone posse, ready for action.

I am not here to fight the system… I am just explaining how the work of getting a license is being done ?…. I saw lots of comments online which didn't really display the whole truth or were just based on assumptions… But everybody obviously can go ahead and contact a lawyer and ask if his or her specific project / game could be considered fair use, artistic value etc….

Anyways thanks Fleabay for the productive response! ?

TheLicenseGuy said:
I saw lots of comments online which didn't really display the whole truth or were just based on assumptions

I see you are carrying on the tradition. Really if you can't state prior case law, you have nothing to add. And I can't prove a negative.

You should make it clear that you are offering ‘not to sue’ licenses and not ‘right to use’ licenses.

🙂🙂🙂🙂🙂<←The tone posse, ready for action.

Like I said previously - I am explaining how to get a license ?

You are trying to say: “Why should we?” - I think that can be discussed in another thread or even way better it should be discussed with his own legal counsel.

TheLicenseGuy said:
1. Can I use a real car brand for my project?

Of course you can but you will need permission from the brand.

That's the first thing you said. You stated it as a fact. It is not a fact.

🙂🙂🙂🙂🙂<←The tone posse, ready for action.

In that case I found the case Humvee vs Activision very interesting…

https://www.theverge.com/2020/4/1/21203414/activision-wins-humvee-call-of-duty-trademark-infringement-lawsuit

But then again everybody should go ahead and get legal counsel regarding intellectual property rights in their specific case since no case is just like the other or get a license to be on the safe side…

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