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Good question about F3 JM. And one i thought i would reply too.
So, lets get this fact out there right away. If someone makes a recreation of a copyright or trademarked entity, without written permission of the license holder, the creator is in breach of copyright. That is law.
However, it is at the discretion of the licence holder as to how stringently they choose to enforce their lawful right. And that decision could be different dependant on the context in which the copyright entity that has been copied without permission is being used.
So, using the F3 storefront example, if McDonalds legal dept saw that someone had recreated a McD logo on the F3 store front, they could contact Turn 10 and ask that the logo recreation be removed on the grounds that McD have not given their permission for the user to recreate their logo. Turn 10 would remove it, and would also remove any other McD logos.
That is the case with any copyright entity recreated on storefront.
So why is storefront full of copyright logos?
Well, you have to think how the licence holder would think. And by that, I mean, there are people making these decisions in the legal departments of all these companies. It’s not some automated email that is fired out. The license holder is in the right in the eyes of the law, and as such, if they wish, they can have the entity that is in breach of their copyright removed.
So, a legal department would think along these lines…
1. Are we, the copyright holder of this logo, losing money because of he unauthorized logo being available on F3 storefront?
2. Is the unlicensed recreation of our logo negatively impacting our brand?
Those are the 2 big ones. Money gained from other people using your logo, and brand protection.
In the case of F3 storefront, I don’t see any gain for a company to demand their logo be taken down. That is not to say it won’t happen to F3 storefront at some point, because some companies are very protective of their brand regardless. But, providing the logo is recreated in a manner the licence holder is satisfied with, and providing the recreation is offered free of charge, I think most companies would not peruse the removal. I mean, what are McD’s going to do? Make their own official logo and put it on F3 storefront for free, no they are not. So in that situation, they would more than likely let it go.
So again, it is not because they can’t get it removed from F3 storefront, but more, there is little to be gained from doing so in terms of revenue or brand protection. And in that situation, I believe that most companies would probably look at it as free advertising. If people started making McD logo’s which looked like the real thing, but say, contained a racial slur or other such, then you would see that get taken down very quickly. Because that is going to negatively impact McD’s brand. Turn10 know this, which is why they ask you to ‘play nicely’ when you first load up Storefront.
However, with a track editor, I would strongly argue that an unauthorized user created track would not only negatively impact the brand (because I very much doubt a user created version of, let say Spa, would meet with the approval of the license holder), but also that it would lose the license holder potential licensing fees, without question.
Those 2 things combine are going to push virtually any licence holder I can think of, to demand the content be taken down, and because the content is offered through an official channel (i.e. the game itself), the publisher would have to comply.
User created tracks in GT are going to be moderated by PD, and we all know that people are going to recreate real world, copyright, tracks. What is comes down to is, will the licence holders seek to have the unlicensed user created tracks removed as is their lawful right, or let it slid like they do with logos and such on F3 storefront (so far).
If I were the legal person giving the advice, it would be the former without question.