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Jan 30, 2012 at 15:47 comment added Tor Valamo @Noctrine - The circumstances aren't different. The logos presented IN the game are ONLY of those teams they have a license with. The teams that they do not have a license with have no representation in the SOLD game at all. They ONLY appear in the after release FREE REAL NAME database, which is released by the actual developer. I'm not sure how it is the past few years, if they have got a license for every single team and that's what you mean, but a few years ago they barely had a license for any team.
Jan 30, 2012 at 0:51 comment added Jesse Dorsey @TorValamo The circumstances of Pro Cycling Manager are very different than what the asker is proposing. And because they are presenting the logos' at the bottom of the page, it wouldn't be unreasonable to believe that they have some sort of official sanction and/or recognition.
Jan 29, 2012 at 21:37 comment added Tor Valamo Actually "giving it away" is something that helps other games (like Pro Cycling Manager for instance) release FREE real name databases after the game has been released. Databases that are updated with the rider and team names that they didn't get the license for. You see the team and player names everywhere, they don't own the names being mentioned. They own the names being profited from. If you give stuff away containing their name, you're safe. That's how it's always been. If you made a manchester united shirt yourself and gave it away, that would not get you in trouble, but selling it would
Jan 29, 2012 at 18:01 comment added DeM0nFiRe I'd just like to add that whether or not you are making a profit DOES actually affect whether or not something is fair use (see: copyright.gov/fls/fl102.html) However, it doesn't automatically mean something is fair use, in I agree in this case it would likely not be fair use. (Always best to ask a lawyer though)
Jan 28, 2012 at 22:23 history answered Jesse Dorsey CC BY-SA 3.0