I suppose the BBC could set a Doctor Who episode on a Hornby train set, if it tried. "Quick! Into the Tardis!" "Oh no, Doctor, the doors appear to be painted shut!"
From what you've said about the model car case, it seems that making models of such objects is allowed. I gather that both plastic model companies, and especially computer games companies and computer 3-D model enthusiasts have been shaken down by the likes of LockMart for using likenesses of their aircraft. Is this just a case of LockMart being greedy and trying for anything they can get, or is the law different in this case?
Any such claims would almost certainly lie under US trade mark law, and I'm not very well acquainted with that. The model car case only applies in Europe, and even there it has limits in how far you can go from the facts of Opel v Autec and still apply it.
In Europe, making a 3D model of a car would count as making a design document, which is permitted for private use but may be an infringement if it is intended to be used as the basis for commercial reproduction. But is including a 3D model of (say) a Porsche in a video game 'reproducing' the Porsche design? I'll have to have a look and see if there is any case law on this.
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timeasmymeasure
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Date: 2008-08-28 10:19 pm (UTC)"Oh no, Doctor, the doors appear to be painted shut!"
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Date: 2008-08-29 11:04 am (UTC)no subject
Date: 2008-08-29 08:13 pm (UTC)In Europe, making a 3D model of a car would count as making a design document, which is permitted for private use but may be an infringement if it is intended to be used as the basis for commercial reproduction. But is including a 3D model of (say) a Porsche in a video game 'reproducing' the Porsche design? I'll have to have a look and see if there is any case law on this.