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Submachine Gun (Scorpion-inspired)

Author: 
Kutejnikov
Thursday, April 1, 2021 - 05:07
Art Type: 
3D Art
Tags: 
smg
gun
firearm
fbx
obj
PBR
weapon
License(s): 
CC-BY 4.0
Collections: 
  • 3d weapons
Favorites: 
2
Share Icons: 
Preview: 
Preview

.obj, .fbx, .3ds

Texture format: .TGA 4096x4096
diffuse, specular, glossiness, normal

File(s): 
czechoslovak_smg.7z czechoslovak_smg.7z 51.6 Mb [256 download(s)]
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Comments

drummyfish
joined 7 years 2 weeks ago
04/01/2021 - 05:28
drummyfish's picture

Very nice model, but I think specific gun models are "protected" by some kind of intellectual property as are e.g. cars, you need a license to use it in a game so it can't be libre, not sure if it can be hosted here. Anyhow, thanks for sharing.

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Kutejnikov
joined 4 years 11 months ago
04/01/2021 - 06:02
Kutejnikov's picture

You're welcome. Eeyup, but this applies mainly to commercial projects (when the original name is used). I don't think it will be a problem if someone uses it like a "Scorpio-61" or "Skor-Pion" in an non-commercial project.

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MedicineStorm
joined 12 years 8 months ago
04/01/2021 - 06:16
MedicineStorm's picture

hmm... I'm seeing conflicting information on that. I'll have to do some more research, but this is what it looks like so far:

  1. Copyright - a 3D model violates copyright if it is based on another 3D model or artwork, not inspired by a physical version of whatever the 3D model represents. Just like how a photograph of a book doesn't violate the book's copyright.... Well, it would if it were a functional copy of the book's content, but not if the picture was of the outside of the book and not a readable picture of some of its pages. However, if the picture displays brands or titles, that gets into trademarks (see #2). Furthermore, if this model is accurate down to the individual gun components, that gets into patents (see #3)
  2. Trademark - Just like the photo-of-a-book analogy above, if the model contains trademarked brand names (or book titles), it can be violating trademark. So the question now is: does this model contain renditions of brand names or otherwise trademarked terms displayed on the gun? If so, can they be removed/renamed? 
  3. Patent - As with models of real cars in video games, models of real guns are possibly violating a patent, but it seems like that's only true if the model could be considered "plans" or instructional material used to produce a functional version. Although cars and guns in games may have the proper external dimensions for their real-world counterparts, they rarely contain details of the internal components, and certainly not enogh detail to make a functional car or gun based on the model.

TL;DR: If this is not based on other copyrighted artwork, and it is not displaying trademarked symbols/brands, and it does not include internal component details, it should be fine. though this is based on preliminary research, and I am also not a lawyer so maybe I have no idea what I'm talking about. If anyone knows of legal information about this subject, links are welcome.

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Kutejnikov
joined 4 years 11 months ago
04/01/2021 - 06:43
Kutejnikov's picture

Well, I have been publishing models for seven years and sometimes have some limitations, but not very significant. E.g. this model has been freely distributed in a law-abiding turbosquid for six years  https://www.turbosquid.com/FullPreview/Index.cfm/ID/921490

However, in the case of another model - MAC-11 - I had some difficulties. After publication, the model underwent a copyright check for some time. As a result, this model was published, but with the mark "Editorial uses only" -  Ingram Military Armament Corporation. In general, the main limitations are for commercial use and not for free publication of the model.

About "Editorial uses only":

https://blog.turbosquid.com/turbosquid-3d-model-license/#Editorial-Usage

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MedicineStorm
joined 12 years 8 months ago
04/01/2021 - 08:32
MedicineStorm's picture

That is good to know. :)

These comments and questions are not meant as criticism of your work. We just have to verify the usability of all the assets here. We also have stricter requirements than Turbosquid. For instance, we do not allow assets that are "Editorial uses only". All assets on OGA must be legally usable in any project, commercial or non.

So my only remaining questions for you are:

  1. Would this asset here be considered Editorial Use Only?
  2. Does this asset have any brand names, company names, or trademarked logos in it?
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Kutejnikov
joined 4 years 11 months ago
04/01/2021 - 09:00
Kutejnikov's picture

1. I think not, like as ak-47 or m-16 or mp7 or something like that. There are many weapons here and I have not seen any problems with them)

2. No.

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buttons
joined 5 years 9 months ago
04/01/2021 - 13:22

The reason you see AK-47, M16, MP5 and Desert Eagles everywhere is because owners of these guns are too lazy to do something about it, unless the game is super serious and famous. This is also the reason why you often see strange names and hybrids of weapons in many games. Like Deagle pistol instead of Desert Eagle, or simply "7.62mm Assault Rifle" which looks almost exactly like AK-47. Owners of all these trademarks can indeed sue you for using these weapons in your game, including this submission, but do you really think they will? They will pay attention only if your game will be like top-10 steam game, and even then they will first try to sell you the license to use their weapons in your game and get some profit. Otherwise they won't care that some indie dev made some game with a weapon there, which was played by like 100 people at best. They will never even know that you used their trade marked gun in your game.

 

Edit: Also don't forget that all that trademarked and copyrighted stuff usually doesn't apply to mods, so you can see star wars stormtroopers armors in almost every game as a mod and stuff like that. And so popular Counter-Strike was a Half-Life mod.

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drummyfish
joined 7 years 2 weeks ago
04/01/2021 - 15:07
drummyfish's picture

After some googling this is how I understand it now:

1. The names are trademarked, so you should use a different name in game to avoid violation here.

2. About copyright, it looks like no one really knows because there are two things at play: firstly, utilitarian design can't be copyrighted, that is the design that's not considered artistic expression but an engineering result, so a general gun or car shape can't be copyrighted. However the design may contain embedded elements that are considered art work such as engravings or purely aestetic decorations, and there may indeed also be trademarks. No one will tell you exactly where the line is between utilitarian design and the rest.

I am a person who tends to play it safe and in borderline cases I go by the worst case scenario, even considering the laws and precedents may change slightly during time and that laws are different between countries, so there may likely exist time and place where this is violating something. So I'd be pretty cautious here, I'd definitely prefer if the model wasn't an exact copy, had some small differences and was posted under different name. Anyway, that's just me,it would be a shame to take down such a nice model, maybe this could be settled by adding some comment on this to the description plus a recommendation to not use the real model name? After all Wikimedia Commons, a place that hosts only free files, allows it: https://commons.wikimedia.org/wiki/Category:Sa_vz._61_%C5%A0korpion.

@buttons copyright and trademark applies to mods as it does to any other work such as fanfiction etc., it just passes because as you say corporations don't really care about hobbyists doing small non-commercial derivative works. Anyway this doesn't matter, this site is for free files only and free files mustn't rely on things like fair use or ignorance of the right owners. Free files must be legally safe to be used even in completely commercial projects.

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MedicineStorm
joined 12 years 8 months ago
04/01/2021 - 15:06
MedicineStorm's picture

EDIT: +1 for pretty much everything Drummyfish said above. 

"The reason you see AK-47, M16, MP5 and Desert Eagles everywhere is because owners of these guns are too lazy to do something about it"

I think that's true sometimes. Other times the game studio obtains permission to use the gun's or car's trademarked product name or brand name. Still other times the games don't use the trademarked components of the guns or cars. As Drummyfish said, utilitarian design can't be copyrighted (but it can be patented, though I already addressed that above) so if the game isn't displaying the trademarked features of a gun or car, it isn't a violation.

This isn't the only realistic model of a real-life product on OGA. To the best of my knowledge, we've verified these same details on all of those other models as well. I'm not infallable, so if anyone can link to information that sheds new light on these questions, please provide the links. Beyond that, unless someone can find a trademarked brand name, product name, or artistic embellishment on this model, I am confident it is free and clear. 

HOWEVER... I do agree the title of the submission and name of the model (in the file) should be changed to something that isn't a trademarked product name.

EDIT2: done, thanks!

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