Legality of Screenshots/Concept art

[Vampyr]

Does anyone happen to know how screenshots or concept art provided on official game websites fits into fair use?

To what extent are you allowed to edit these images, if at all? Pretty much all game sites use screenshots in their designs or layouts, and I'm wondering if I can incorporate them into my own.

[Bond]

I should preface this by saying my knowledge of the law is currently limited to a business law class I am taking; however, I could fully answer this question in three years.

There's four main considerations when assessing whether use of a copyrighted work is "fair use," these are, in no particular order:

1. The purpose and character of the use - i.e. how much are you changing the copyrighted work from its original state? is this for commercial purposes? (significantly altering the work and commercial motive will not fall under fair use)

2. The nature of the copyrighted work

3. The amount and substantiality of the copyrighted work used

4. Effect of use upon the potential market for the copyrighted work - i.e. if the use adversely affects the market value for the copyrighted work it is unlikely to fall under fair use

So, your two main issues are probably going to be how substantially are you altering the copyrighted work(s) and is this for a commercial purpose? Hope that helps.

[BreakABone]

I assume it is fair game since they are posted on a public website for the public to admire.

Now if it is in the PR/media section, may be slightly different since have to ask their permission to access it generally.

[Vampyr]

Thanks for the responses - I'll post an example of something I may do with a piece.

First, though, what constitutes for commercial use? If my site has ads on it, and I'm only using the screenshot as a link or part of the design, does that represent commercial use? Or do I actually have to be selling a product that's incorporating their screenshot/concept art?

Ignoring how bad it looks, here's an example. I cropped the original and added a text overlay (which I would probably end up just doing in the HTML, and the image would ONLY be cropped)

Mine: http://dl.dropbox.com/u/5643376/gearsbutton.png


Original: http://gearsofwar.xbox.com/MediaImages/gears3/e3/e3_2010_10.jpg

[Bond]

I don't think your situation would constitute true commercial use ... in fact, you are truly assisting the initial commercial endeavors of the developers and producers of the video game, and certainly not distorting the market value at all. What you're doing, in my view, is not materially different than what Amazon does when displaying products.

[Vampyr]

I don't think your situation would constitute true commercial use ... in fact, you are truly assisting the initial commercial endeavors of the developers and producers of the video game, and certainly not distorting the market value at all. What you're doing, in my view, is not materially different than what Amazon does when displaying products.

Thanks, this is good enough justification for me. :)

I'll just make sure I have a contact email up in case anyone wants to send a cease and desist.

[gekko]

Press sites often say what the images they provide can and can't be used for. Here's an example from Apple:

http://www.apple.com/pr/products/iphone/iphone4_hero_agreement.html

[Neo]

I assume it is fair game since they are posted on a public website for the public to admire.



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