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Sometimes—but there is no blanket rule that a ship is free to copy because it is functional, historical, or used in a game. U.S. law treats a vessel’s hull and deck design differently from a drawing, 3D model, decorative artwork, or logo depicting it. The answer depends on what your game uses, where it came from, and—if you are relying on fair use—how the use measures against all four statutory factors.
This guide focuses on U.S. federal law. Other countries may apply different rules. It is general information, not a legal determination about a particular ship, game asset, or release.
First, identify what you mean by “ship design”
That phrase can refer to several distinct things, and their legal treatment is not interchangeable:
- The vessel’s hull or deck design: the overall shape and form of a watercraft’s hull or deck.
- A depiction of a vessel: a drawing, photograph, illustration, sculpture, or 2D or 3D game model.
- Ornament and branding: decorative surface art, a name, insignia, or logo applied to the ship.
A game may involve more than one of these at once. For example, recreating a ship’s shape from a historical plan raises different questions from importing that plan’s linework, copying another game’s model, or reproducing insignia painted on the hull.
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What U.S. law says about vessel hull and deck designs
The U.S. Copyright Office’s Compendium describes the overall shape and form of a watercraft’s hull or deck as a useful article that cannot be protected by copyright as such. That does not mean every ship-related asset is unprotected. Congress created a separate vessel-design protection regime in Title 17, Chapter 13, commonly associated with the Vessel Hull Design Protection Act. It is a distinct regime, not copyright in every ship-like shape.
Chapter 13’s definitions are specific. Under 17 U.S.C. § 1301(b)(3), a vessel is a craft “that is designed and capable of independently steering a course on or through water through its own means of propulsion” and “that is designed and capable of carrying and transporting one or more passengers.” The statute also defines hull and deck and excludes listed elements such as superstructure, masts, sails, rigging, hardware, fixtures, and other attachments from those definitions.
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The chapter covers qualifying original designs of useful articles, subject to its requirements. “Original” requires a distinguishable variation from prior work on similar articles that is more than trivial and was not copied from another source. These limits mean it is unsafe to assume that any fictional, digital, or ship-shaped design qualifies. The statutory text does not establish a categorical answer for every purely virtual depiction.
A ship’s drawing or game model is a separate copyright question
The fact that the hull or deck design itself is not copyrightable as such does not make a particular depiction free to copy. The Copyright Office’s Compendium clarifies that Chapter 13 does not itself provide, extend, or limit copyright protection for drawings, models, or statuaries of vessels. A drawing, photograph, illustration, or model may therefore need to be assessed as its own expressive work.
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Likewise, purely ornamental two- or three-dimensional decoration on or in a hull or deck might qualify for copyright protection. A logo, ship name, or insignia can raise trademark or other questions beyond the copyright and vessel-design issues discussed here.
For a game project, distinguish the source from the features you reproduce. You might be using historical facts, functional or commonplace features, a physical ship as reference, a protected drawing or photograph, a licensed model, or an existing game asset. Do not assume that realism, a functional subject, or a newly made 3D model resolves the rights in any source material it may reproduce.
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Fair use depends on all four factors
Fair use is a fact-specific U.S. copyright analysis. Section 107 directs consideration of four factors together; no single factor automatically decides the outcome.
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- Purpose and character of the use: Consider what the game is doing with the material, including whether the use has a different purpose or character and whether it is commercial or nonprofit educational use. The Copyright Office says a transformative use—one that adds something new with a further purpose or different character rather than substituting for the original—is more likely to be considered fair. That consideration does not end the analysis.
- Nature of the copyrighted work: Consider the kind of work copied and its characteristics. This factor is part of the balance; it does not make ship imagery automatically fair or unfair.
- Amount and substantiality used: Consider both how much was taken and whether the portion used is important to the original work. Copying a small portion is not automatically fair, and a large amount is not the only possible concern.
- Effect on the potential market or value: Consider whether the game’s use could substitute for the original or affect a relevant market, such as a market for licensing the particular expressive asset. The question is about the copyrighted work and its market, not simply whether the game itself is popular or commercial.
The Copyright Office’s fair-use overview explains that the factors are balanced and that the result depends on the particular work and use. Commerciality matters, but it is not an automatic bar; a noncommercial or educational purpose is not automatic permission either.
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How to evaluate a ship asset before using it
Work through these questions for the particular asset rather than relying on a general claim that “ship designs are fair use” or “real ships are public domain.”
- Trace the source. Is the reference an actual vessel, historical plan, photograph, licensed asset, public-domain material, or another game’s drawing or model? Record who created and owns the material where that information is available.
- List what will appear in the game. Separate functional or commonplace features and overall hull or deck form from expressive drawing or model details, ornamental surface art, and names or insignia.
- Check the relevant protection. If relying on Chapter 13, assess whether the subject and design meet the chapter’s definitions and requirements; do not presume that a virtual or fictional ship does. Separately consider copyright in the particular depiction and any other relevant rights.
- Apply all four fair-use factors to the material actually used. Identify the purpose in the game, the nature of the source work, the amount and significance taken, and possible effects on a relevant market. Explain why the use may be transformative if that is part of the argument, but do not treat that label as a safe harbor.
- Check ownership, permissions, and territory. A source’s creator, rights holder, license terms, public-domain status, or applicable law may change the analysis. This guide does not determine those issues for a particular asset or address foreign law.
When to get project-specific legal advice
Have a qualified attorney review the asset before release if the game closely recreates a distinctive drawing, model, or decorative treatment; relies on fair use for a commercial release; uses a source with uncertain ownership or license terms; or includes branding that may raise trademark or related concerns. A legal review should focus on the actual source material, the in-game depiction, the intended use, and the markets and territories involved—not just the fact that the subject is a ship.
The statutory references here are to Title 17, whose cited publication includes amendments through December 18, 2025. The Copyright Office’s Compendium material cited above is 2021 guidance. The Office’s fair-use overview says its Fair Use Index was last updated in July 2026 and is not comprehensive or legal advice. Those materials describe the framework; they do not decide whether a specific game asset is lawful.
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