DayZ and Copyright - Just wondering...

[Calanen 2]

DayZ is of course a fan built mod so would attract attention far less than something that is brought out by Sony. But DayZ has real world products in it, like Coke, Pepsi, and in some versions Mountain Dew, and also Heinz baked beans. I was wondering, whether licensing agreements to permit this were entered into, or whether they might be for the standalone. Putting real world goods in PC games is good product placement for companies if they agree.

The other thing was the weapons, as the weapons manufacturers also have the say so over what goes in games. Some weapons manufacturers such as Barrett like doing deals to get their guns in game.

I'm not talking about Coke and Pepsi signs throughout the game, just the permission to use the real world products in game.

[DemonGroover 8836]

Rocket has mentioned that efforts to contact some of these companies has not been answered so it looks as though we will see non-brand names for food and drink unless permission is given.

As far as weapon's names go i am not sure. How old is Lee Enfield, Mr Winchester and Mikail Kalashnikov anyway?

[Blondedash 403]

Rocket has mentioned that efforts to contact some of these companies has not been answered so it looks as though we will see non-brand names for food and drink unless permission is given.

As far as weapon's names go i am not sure. How old is Lee Enfield, Mr Winchester and Mikail Kalashnikov anyway?

lol that will be hard.

[IkaikaKekai 1957]

There was a kind of big stink about that a while ago, which lead to the modders adding in non brand foods and drinks, most of them in honor the this forum's mods. For whatever reason that brought about a shitstorm (supposed, never saw any of the complaint posts but never bothered to look too hard) so they took them out (other than a few servers that do their own custom patch that kept them in).

As for guns, that's a whole different beast that you can play legal hopscotch with. For most of these guns, not one single entity 'owns' the patent for the gun. It'd be like if Coke was made in a million different factories by different owners with minor modifications, but still looked (and for the most part tasted) like Coke. The AK-47/AKM ALONE has thousands of different variations and manufacturers, not to mention straight out carbon copies. Now unless say you have the 'brand' name somewhere in the game, (Colt 1911, Red Jacket M4A1, Chicom AK-74S) then you start getting into the legal troubles. It'd be like having a Jeep in a WW2 game and the car company Jeep wants to sue, is it a Willies Jeep, a Chrysler Jeep, a General Motors Jeep, so and and so fourth.

Edited April 3, 2013 by BigMike

[Calanen 2]

As far as weapon's names go i am not sure. How old is Lee Enfield, Mr Winchester and Mikail Kalashnikov anyway?

These rights are owned by companies rather than individual inventors, and they outlast the inventors themselves.

The company Winchester is very much still around. I think that Kalashnikov and the AK-47 is less of a problem because they are made by so many different companies. The Lee Enfield was produced by the British Crown, at the Royal Ordnance Factory, but whether they still had or cared to have the rights in relation to Lee Enfield .303s I do not know. It's only really the brand name products that are a concern.

As for Rocket not being able to contact the right people - that's probably from not knowing who to contact and letters or emails not getting passed on that come in to the general address. This is now Bohemia's problem, and their legal people definitely will know who to contact. Doing a deal to have product placement in the game, can be a profitable way to help fund it. I actually like having real name brands in games, it adds to the realism. Funky X Cola never seems as real as Coke or Pepsi.

Edited April 3, 2013 by Calanen

[Blondedash 403]

These rights are owned by companies rather than individual inventors, and they outlast the inventors themselves.

The company Winchester is very much still around. I think that Kalashnikov and the AK-47 is less of a problem because they are made by so many different companies. The Lee Enfield was produced by the British Crown, at the Royal Ordnance Factory, but whether they still had or cared to have the rights in relation to Lee Enfield .303s I do not know. It's only really the brand name products that are a concern.

As for Rocket not being able to contact the right people - that's probably from not knowing who to contact and letters or emails not getting passed on that come in to the general address. This is now Bohemia's problem, and their legal people definitely will know who to contact. Doing a deal to have product placement in the game, can be a profitable way to help fund it. I actually like having real name brands in games, it adds to the realism. Funky X Cola never seems as real as Coke or Pepsi.

they could have random fallen down billboards too.

[Mos1ey 6301]

Copyright laws don't apply to mods AFAIK. The real world brand names have been removed from food products in the standalone, unfortunately.

[Never 237]

Its also feasible that these companies may require a fee from BIS for the rights to represent their products.

Product placement works in a shitty rom-com, but not every fizzy drink maker wants their logo next to a dead zombie.

[Blondedash 403]

Copyright laws don't apply to mods AFAIK. The real world brand names have been removed from food products in the standalone, unfortunately.

:( I liked Heinz beans why it is basically advertising.

[Mos1ey 6301]

:( I liked Heinz beans why it is basically advertising.

I know, I think it's kinda dumb but they didn't respond when the devs asked if they could use their brand name so they can't use it. Maybe they don't want to be affiliated with a violent game.

[GOD™ 2795]

The real world brand names have been removed from food products in the standalone, unfortunately.

That's why parodies are invented :D

[mzltv 2281]

It's understandable why some of the larger brands wouldn't want to be included, as they'd probably not want to associate their product with a game that's violent or disturbing or whatever.

I don't understand why they'd let that prevent their support though - I've been playing DayZ before, picked up beans and actually thought "Man, I've not actually had beans on toast in ages. I'm gonna go make some!"

[mzltv 2281]

That's why parodies are invented :D

They're only acceptable if they don't refer to anyone in the community though, remember!

[GOD™ 2795]

They're only acceptable if they don't refer to anyone in the community though, remember!

Yeah yeah everyone started getting all grrr and angry n stuff.

I don't see why though.

[Blondedash 403]

It's understandable why some of the larger brands wouldn't want to be included, as they'd probably not want to associate their product with a game that's violent or disturbing or whatever.

I don't understand why they'd let that prevent their support though - I've been playing DayZ before, picked up beans and actually thought "Man, I've not actually had beans on toast in ages. I'm gonna go make some!"

happened with water to me.

[Azziax 81]

That's why parodies are invented :D

Still should be watchful for copyright infringements though.... F.e. Apple tends to sue companies even when it just looks a bit like their logo or name....

[GOD™ 2795]

Still should be watchful for copyright infringements though.... F.e. Apple tends to sue companies even when it just looks a bit like their logo or name....

Well then Rockstar games is gonna get sued for their parody for phones in the GTA 5 trailers which i think will be called ifruit or ifruit bowl

Edited April 3, 2013 by GOD™

[Calanen 2]

Copyright laws don't apply to mods AFAIK. The real world brand names have been removed from food products in the standalone, unfortunately.

Sorry to hear that about the real world brand names. It's a pity a deal could not be done.

Depending on where you are talking about, (locations) copyright law still applies to mods. It's just that in most cases, the copyright owner either doesn't know or doesn't care. The likelihood of the Heinz corporation suing for violation of its copyright for having its label in the DayZ mod is perhaps low. But it could happen.

The copyright attorneys that represent such firms seem to operate on a general retainer to write cease and desist letters to every person infringing. In some cases the actual owner has later told the attorneys to back off once their actions have hit the news.

Edited April 3, 2013 by Calanen

[Azziax 81]

Well then Rockstar games is gonna get sued for their paroday for phones in the GTA 5 trailers which i think will be called ifruit or ifruit bowl

Hahaha lol, I wouldnt be surprised though! :D

[Calanen 2]

Parody is an affimative defence utilised by the defendant as 'fair use'. Parody however means you are making fun of something, so if you had some Heinz beans gag skit making fun of a Heinz commercial on tv or even just youtube, the fact that heinz beans was in it would probably be fair use. However, just having Heinz beans on the table in anything, a play, a PC game, or in a tv program - is a breach of copyright without the copyright holder's permission. Remember however, parody is a defence, it is not an immunity from suit - you may get sued and have to ask that the defence be implemented.

Complicating matters still further are so called 'moral rights', as to an original work being denigrated, in slightly inaccurate terms and whether an artist can prevent this from happening.

Copyright holders and their attorneys are very often bullies who bully people into settling through the threat of extremely expensive litigation.

[Cap'n (DayZ) 1827]

All this over three dimensional item models in a video game...jeez. There are much more important matters to attend to!