Originally posted by pupik
Like Neon said, contracts vary from manufacturer to manufacturer. There's some things that are the same in each contract, I'm sure; for example the likeness, designs, logos, devices, and names still belong to the respective makers of the autombile. But how and where the car is used is another matter left open to agreement between Polyphony and Auto Maker X. There seems to be three kinds of these contracts with game-makers:
1. Exclusive.
The game-maker has an exclusive right with an automobile maker, thus it can't go anywhere else. Electronic Arts managed to get exclusive deals (because they have a lot of money!) with makers like Porsche, Lamborghini, McLaren, Ferrari, et al. Note the formula cars bearing names like F090/S and F686/M, too.
2. Semi-exclusive.
BMW's motorsport-tuned "M-cars", and the infamous Mercedes-Benz CLK-GTR ring a bell. BMW and Mercedes still offered some of it's cars to the GT series, even though not every example of the respective marque has been represented. But also think of the money EA has to pay out for semi-exclusive rights to things like the NFL, NBA, MBL, NHL, FIA...and sells tons of these games to the masses as well.
3. Non-exclusive (a.k.a. Sure, Why Not?)
Many others fall into this category; the Skyline GT-R, Corvette, Supra and a wealth of others get the nod for any video game that pays the manufacturer's asking price. Thus, there are plenty of cars that appear in the GT series as well as TOCA, WRC, Colin McRae, Need for Speed, Test Drive...the list goes on for a while.
There's one more category: No licensing issues.
Yeah, you know who you are. This is not necessarily a bad thing, either. The worlds of Midnight Club and Grand Theft Auto aren't 100% real, so do the makers really need to waste money on licensing?