I get the sense that several games (and other forms of media) have featured real-world content before. For example, if you're watching a movie or TV show and a Vovlo just happens to appear in the background, did they have to pay Volvo?
I realize there's a bit of a difference since time had to be spent building and modelling and scripting the aircraft (therefore, was in no way 'incidental'). But I could definitely see the 'fair use' argument when it comes to military equipment. The army is a public entity and in order to accurately depict the army in media, you need to reflect the (non-classified) equipment it uses. Racing games are different (I think) because they are not reflecting a public entity.
Or that can be complete bullshit, I don't know. I just find it hard to believe that all the military shooters obtain licenses from the manufacturers of all the depicted equipment (particularly foreign manufacturers like Russian, Chinese, German, and British weapons...not to mention THEIR vehicles too.)
I realize there's a bit of a difference since time had to be spent building and modelling and scripting the aircraft (therefore, was in no way 'incidental'). But I could definitely see the 'fair use' argument when it comes to military equipment. The army is a public entity and in order to accurately depict the army in media, you need to reflect the (non-classified) equipment it uses. Racing games are different (I think) because they are not reflecting a public entity.
Or that can be complete bullshit, I don't know. I just find it hard to believe that all the military shooters obtain licenses from the manufacturers of all the depicted equipment (particularly foreign manufacturers like Russian, Chinese, German, and British weapons...not to mention THEIR vehicles too.)