   Using real life military uniforms, etc. in a game can be an issue?
  So I have several games planned which take time and place in the fictional / alternate future of humanity.Do I need to obtain authorization to use real life military uniforms or altered versions of them in the games?As the story is based on human history the same factions (nations) are present as today so using them in game and as part of the story is obvious.Can it bring issues and if can what issues if real life military uniforms (especially of the US armed forces, USMC, air force, NAVY and other) are used?What about...- Badges? (Especially police badges this case, like the NYPD police officer badges for example?)- Insignas?- Medals and honors?- Flags?- Emblemes?- And others?Does every game that uses them obtained a legal authorization to use them? (Either by paying a fee or for free, no matter.)If you have any official articles or examples or official legal FAQs about the subjects it would be greatly appreciated if you post them.Personal experiences, studies and researches are also welcome.When you reply be sure to state how reliable your answer is from a legal point of view and if it is based on research (include references if possible in such case) or just personal opinion.   
  I'd say camouflage suits are a safe bet, everything else may get you in trouble. Some things are more risky, some are less risky, and some just ask for trouble.Although if you have something that looks somewhat similar to an M16 and you call it "machine gun", you will probably get away with it. Or, if you have a vehicle that looks vaguely like a jeep. What you won't get away with is if you call your machine gun "M16" or if your vehicle unmistakably looks like a hummer. The names and designs are copyrighted, and if you use them without permission, the owners will give you hell as long as you have one dollar that they can take away from you.Insignia/emblems are similar or even more problematic. In fact, some insignia may not only be under copyright, but even outright illegal in parts of the world, and it is very hard for you to anticipate what might be illegal in which country.For example, display of the svastika is something that may get you 3 years in prison in Germany. There are precedence cases such as a harmless old man playing with his model aircraft (which happened to be a Me 209 which naturally has a svastika on the yaw rudder) being arrested. Now imagine, you make a game where every other opponent wears that on a badge. You'd want to think twice before you sell that here, or you would have to make a note in your calender "never travel to Europe".Other countries may have (or rather will have!) different things that can get you into severe trouble, and you never know before you find out, so I'd be very careful on that one. Being arrested at the airport when going on holiday is an unpleasant surprise, especially if it happens maybe in a country with not-so-great prisons. Spending a year in a turkish prison, for example, is something most people prefer to avoid.Even if you don't use obvious trade marks or insignia, for example guys in camouflage suits wearing blue helmets, or all opponents being long-bearded guys in kaftans, you can get in trouble under some conditions, for example if the content of your game could be interpreted as sedition or racial hatred. In quite a few countries, this is punishable by the law, too.   ;  Reasonable, however these bring me the memories of hum-vees (with that name) in the old command and conquer game, nazi soldiers and lots of nazi logos, badges and banners in wolfenstein and WWII games... and not just WWII games, and alike. Of course you just gave your thoughts so thanks for the reply, am just wondering about these cases. So did massive entertainment got a license from the company producing hummer to use that design in their game world in conflict... along with the aircraft designs and such?   ;  Early military uniforms should be OK. More recent ones are actually copyrighted; MARPAT and CADPAT are owned by private corporations and they're pretty keen on persuing infringers.Military vehicles are also copyrighted designs. Vehicle designers have attempted to go after model manufacturers before now...As for emblems, I would suggest that if you want to use them, you should at very least ask the organisation which is represented by them. You'd probably prefer it if people asked you before using your name in things and it would seem polite to extend the same courtesy.If they say yes, you're good to go. If they say no then you've at least found out up front that there would have been issues -- and you'd rather have a letter from the NYPD explaining that they don't want you using their name/badge than having them actually persue you in court for defamation afterwards...People probably get away with stuff from WW2 era and backwards simply because the copyright holders either no longer exist to write legal letters, just don't care or actively wouldn't open that can of worms. I can't quite see, for example, Porsche making a big thing about people copying their special designs for Panzer turrets...;  Short answer - what Katie said.Slightly longer answer - Indies should steer clear of using real cars/weapons/company names/cartoon characters etc because many are protected by copyright/trademark/design rights or other IP related laws. Making use of someone else's creation without their permission exposes you to a potential law suit you almost certainly don't have the money to fight (and probably won't win if you do). It's bad business to do something like that.If you really want to go forward with using them then you need a lawyer. One who understands IP law and games - there is a list here [link]. If you can't afford to pay a lawyer to advise you now you certainly won't be able to afford to pay them 10 times as much to defend you in court.   ;  Thanks for the replies.Actually I am more interested in using the shapes of the clothes and uniforms / hats / etc. then the actual camo, colors and schemes. So I plan different unit and organization logos and markings, maybe same or familiar rank insigna but not the exact same.It would be great if someone could point out an organization or company that holds the rights to such subjects... if there are any at all.[Edited by - JadeDragon on April 19, 2010 12:52:18 PM];  I think as long as it's generic you'll be fine.You're talking about things drawn up on a computer and not real life video shoots correct? That gets more complicated and certain things are specifically forbidden by law.I wouldn't use any US military emblems/logos/insignias. I wouldn't give any of your characters the Medal of Honor unless it's based on an actual person who received the medal.It should be a fairly simple task to contact each branch's PR dept. and ask your questions. Every command has a PAO (Public Affairs Officer) who could steer you in the right direction.   ;  Yes I've contacted them already but no response yet.Btw yes I will create my own medals, insignias and other elements but the general shapes of the clothes themselves are still something I would like to make familiar which still could fall under the term copy so better to ask authorization for that.   ;Camouflage is something that companies providing it to the military are paying ALOT of money and spending ALOT of time doing so.  Camo such as digital, desert, and multi-cam have legal restrictions on it, though I'm not sure how far those legal restrictions extend.  When digital camo first came out they were telling all soldiers to wear their uniforms as much as possible, to promote the new camo and uniform as a recruitment tool.Ranks are something that we've taken from other countries and modeled as our own.  If you research this, the ranks throughout all the military around the world has 3 basic things: Chevrons, Rockers, and Stars.  I think you'll be alright using Rank Insignia's.Badges/Unit Insignias/Tabs As far as these go, I'm not really sure there's any copyright or trademark laws for them, and you see them everywhere in games.  As long as you don't use them in a derogitory or degrading way then I can see why not.Being Army myself, we were always told that civilians could wear our actual uniforms however, whenever, and whichever way they wanted as long as they didn't try to impersonate a soldier in a real life sense.  I know this because I used to get a bit mad seeing civilians wearing our uniform cut up or just with any insignia on it around like it was just regular clothing :P   ;  @Christopher Loyd: Thanks for your answer. It is great to read a response from someone in the army.