How Close Can You Get In Logo Designs Without Licensing?

Discussion in 'Off Topic' started by Blacknred81, May 17, 2024.

  1. Blacknred81

    Blacknred81 Well-Known Member

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    So, this more or less relates to SCS software with American Truck Simulator (And their stuff in the past), but its something I've noticed with their California Rework Phase 3 and Nebraska are these 2 logos.

    1st off is this Southern Pacific roundel in Oakland California, obviously its not 100% but you can see its pretty much inspired by the actual logo.
    qJEQ1wv.jpg
    Southern_Pacific_Lines_crest_on_bridge_in_Oakland_June_2018.JPG

    The 2nd is this caboose in Bridgeport, Nebraska. Again, the Burlington Northern logo is VERY similar to the actual BN logo, but is not 100% exact.
    ats_20240516_153023_00.png
    aaa.png

    Which makes me wonder how close can one get to an actual logo before licensing becomes an issue?
     
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  2. Sparmi

    Sparmi Well-Known Member

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    I think you can get up to 90% of the original, which is not a problem in terms of copyright. But you are not allowed to make a 100% copy, otherwise you could be legally prosecuted. Even when naming companies, you may not use the original. But if it sounds similar, it's still possible.

    A good example is GTA5, where real companies are satirized. Although logos and names (and 3D models) have been modified, you still know who it means in the end.
     
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  3. OldVern

    OldVern Well-Known Member

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    Was toying with getting the farming machinery cargo add on but from what I read on the SCS forum, looks like they couldn't get a John Deere licence so the green equipment got a fictional name.

    As an aside the California rework is great (and unlike LIRR2, free) as is Nebraska which was also discounted literally on Day One to £7.64 and is also great. Just need to organise a trailer and reposition my truck so I can start the grain loading and unloading jobs.
     
  4. Blacknred81

    Blacknred81 Well-Known Member

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    Only part of the rework I don't like is a small area around north Fresno which is just plain out wrong (Doesn't help I'm a local to the area so I nitpick on it harder)

    But yeah, the Cali rework SCS is doing for the game is amazing. Cant wait for Phase 4, Arizona, and Nevada later.
     
  5. 21c164fightercommand

    21c164fightercommand Well-Known Member

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    Pißwasser anyone? Bud is that bad by taste???
     
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  6. razmatus#2517

    razmatus#2517 Well-Known Member

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    I have done a couple OBB and ZSSK logos for my "what if our railways had this loco thing" liveries and they dont seem to care much :) especially ZSSK :D
     
  7. RobertSchulz

    RobertSchulz Well-Known Member

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    I wonder about that SCS used the exact same name and almost identical logo for Southern Pacific. I also wonder about that they used the Burlington Northern (BN) logo at the right side of the loco (not the actual imagery of the steam train).

    These are definitely not just derivates, rather than aim to be exact replications (even if they aren't in the end).

    I found this article by a laywer office which says that the 20 to 25% rule is not true.
    https://www.kleinlaw.com/blog/2016/july/how-much-can-you-legally-change-another-companys/


    I also found this interesting article written by a lawyer about that "Fair use" does not only apply to copyright, but also trademark law (which the logo and the name should fall into). If SCS didn't ask, they probably use this as an argument.

    https://www.nolo.com/legal-encyclopedia/when-you-need-permission-use-trademarks.html


    However, I think for using these brand names and logos in a commercial product in this way is very questionable and risky if they didn't ask for permission before. I don't think SCS would do that and would say that they indeed asked for permission.
     
    Last edited: May 25, 2024
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