I bought forza 5 and it great, but now im concerned about the decals vinyls I can style my game cars in, now my question is, if I used a locked logo and copied it in the paint and vinyl section and I used my copied one to style up my cars, could I get into trouble, I dont really understand copyright laws, but its confusing me because afterall its just a game. Thankyou please reply xx
Those who recreate logos in Forza’s vinyl designer do not own their creations and, as a result, hold no copyrights. Therefore, there is no action that can be taken against you.
Duplicating a manufacturer’s copyrighted or registered trademark logo is indeed a violation of statutory codes and laws however, the likelihood of being prosecuted or sued for doing so is extremely remote as the costs (at least in the US) for civil prosecution must be borne by the copyright/trademark holder and monetary recovery is limited to the losses incurred. If you do the math, it is going to be extremely unprofitable and will likely result in a whole lot of ill will for the copyright/trademark holder when they start chasing people down who duplicate their logos in a video game which provides no monetary incentive for doing so. I would think that most would actually consider it a benefit in the form of free advertising when you dupe their logo as long as you aren’t commercially profiting from it.
A) That wasn’t the question. The original poster was asking if they could copy someone else’s in-game design of manufacturer logos.
B) Early in Forza Motorsport’s life, the questionable nature surrounding the legalities of recreating trademarked logos and likenesses had been raised and quashed by the fact that the recreations are merely replicates using abstract shapes, not actual logos that are being modified and altered in any way. Additionally, the replicated trademarks are not being created and/or sold for any real world financial gains (no monetary loss for the owner). This is the reason the Forza Motorsport livery editor and its users is exempt from any copyright infringement laws. It has nothing to do with the profitability for trademark owners taking gamers to court. You don’t really think Microsoft and Turn 10 Studios are testing the assumption that trademark owners would not come after them, do you? If so, you shouldn’t. The livery editor is free from these copyright regulations. Otherwise, nearly every inspired design would be pulled from the sharing system and, likely, an editor wouldn’t exist at all.
Furthermore, community created content actually belongs to Microsoft. If there really was an infringement, you could bet that owners would be reaching for Microsoft’s pockets and not those of lowly gamers. So, let’s not put doubt and fear into the minds of up-and-coming designs, shall we?
A) That was precisely the question - look at the title.
B) To claim that the creator of the game is responsible for user created content is ludicrous and has no bearing on whether or not infringement occurs under the same legal principles that prevent suit against the manufacturer of weapons by people who have been wrongfully hurt by them. Microsoft has a legal department that is smart enough to know this and is therefore not testing any assumptions you care to make.
C) The only exemptions from copyright infringement are those outlined under the fair use clauses which are summarized @ U.S. Copyright Office Fair Use Index.
X) As MEXIC075 points out, I know exactly what the question is. You, on the other hand, are mistaken.
Y) I am making no assumptions. Anything you, I, Joe or Jane Johnson create in the world of Forza Motorsport is the property of Microsoft Studios, thanks to the conditions you agreed to when you inserted the disc into your console. Additionally, when you create any content within the Xbox universe, you have, by default, given Microsoft and any of its partners or users a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide, license to use, modify and distribute that item (and derivatives of that item), and use your name if they choose to, for any purpose and without obligation to pay you anything, obtain your approval, or give you credit. If you want to keep calling me a liar, feel free to do the research yourself. I’ve been down this road too many times to do it again.
Z) As much as you seem to believe that they do, trademark owners do not have copyright authority on shapes, gradients and other geometric patterns that, when combined, create a non-exact replica of their logo. Of course, if they wanted, the trademark owner could claim that the likeness is a misleading representation of their brand; but, again, no financial gain or exchange of services is being made with the distribution of the in-game content. So … that brings us to a conclusion that was established nearly 10 years ago: we are free to create whatever we wish in Forza Motorsport’s livery/design creator so long as those creations abide by the Xbox terms of use.
Now we know our ABCs.
If you wish to continue to debate something that has already been clarified in these very forums or to further question my understanding of a fairly common question unrelated to what you think the question is, feel free to private message me or go direct with Turn 10 at forzafb@microsoft.com.
No that clearly wasn’t the question, they were CLEARLY asking if they could get in trouble for copying other users work, it’s pretty obvious that you are allowed to create whatever you want as long as it isn’t racist, drug related or overly sexual just by looking at the sheer amount of user generated manufacturer logos on the sharefront.