PC game art/movie scenes/comics/copyright/derivative works - need advice, please

What is the name of your state (only U.S. law)? PA.

Backstory first -
My hobby is playing computer games, and DVD movies from which I make full length screenshot (screenshots of entire gameplay/movie episode) of, and I would like to edit these screenshots in photoshop to make them more of my original work as I wish to use these screenshots in photo comics with the intent of creating my own website where people can read these comics for free or print them out for free.

The reason I would like to do this is b/c in addition to attending college classes, I also go to a one-on-one Bible study class at a friend's house once a week, (I'm a Christian) and I would like to share my Bible study journeys with others online thru these photo comic that I wish to host online, and in these photo comics (which is what I intend on using these screenshots in) I would like to write stories about whatever Bible subjects I'm learning about, sort of like a parable, and in this way, share my testimonies of this thru these photo comics.

Last week while at another friend's house when I showed her some game screenshot captures of my ipad, told her about these comics, and the website (which I don't yet have, you see, I'm planning to take up website creation in addition to my other computer classes at a future semester), this friend told me the people that made the game (or movie) could see that comic on my website and they'll turn me in, b/c of copyright infringement.

Then I was told on a gaming forum where I belong that I would have to create my comic artwork from scratch, so this led me to ask (and post these copyrighted images) at Adobe forums where someone there told me to seek legal advice/attorney advice, thus I came here with my questions.

Here is the link to my question over at Adobe forums (and the images):

My Discussion at Adobe Forums

Here is part of my PM discussion about these comics/copyrights/game art with my buddies from that gaming forum:

I told my friend the other day that I wanted to host my comics online for people to read or print out for free, and she told me if you're using someone else's backgrounds (the game photos, movie screenshots) the people that created these works could sue me for copyright infringement - and all I'm wanting to do regarding this website is spreading the gospel through my comics so I can hopefully help others that way so I can share my hobby with others same as the admin at this gaming forum shares her game playing hobby with others here at gameboomers - but it seems like when I want to do it, it's bad (can get me in trouble) but if someone else does this, it's perfectly ok?

My dad told me before he died that only if I'm making money from the comics I can be sued, but since I'm not making any money from them, no one will bother you - but I was told by a game dev friend (who offered to host my comics on his website that were accessible only via a secret password) in 2008 that my dad was wrong about this - that's just my lousy luck, right, to have a dad who steers me wrong?

I checked the first link, I'll check the second link later, but this dug up from the first link I think might help me:

Quote:
"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:"

"The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market
for, or value of, the copyrighted work"


b/c since I'm using the original game screenshots with the addition of demons, angels and flying saucers to these original screenshots in order to spread the gospel, I think in my case it might count as reporting (my life testimonies via a comic book made from video game screenshots) to a nonprofit cause.

Also, I did a search for copyrights of Black Mirror but all I found are books, plays, movies, etc, and no video/PC games. There were a number of works of the Black Mirror by various authors/artists, and besides, I think the Black Mirror computer game copyrights would be listed in the UK government instead of the US government, wouldn't it, since the last 2 Black Mirrors in the series had a UK publisher?

What does my findings about Black Mirror copyrights tell you guys?

EDIT - Just checked the second link. To quote:

Quote:
"Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work."

"The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission."

"When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney."


What does this mean, copyright protects the way the authors have expressed themselves regarding the story in the Black Mirror game? I understand that, in the original story of this game, the Gordens are a wealthy family living in a castle but they have a curse in the family that's been passed down thru the generations of the family, and the MC (main character that I'm controlling in the game) is the person who's exploring the origin of the curse and how to break it, and I was planning on sort of embellishing on this with the addition of Scripture from the Bible in my comic book - is this considered fair use according to "When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation."?

"I don't know how much of your comic is original and how much is cut-and-pasted from other sources. If in doubt, make your own backgrounds."


The only things that would be cut-and-pasted from other sources in the Black Mirror comics would be the alien angel, any other angels, the demons, and the flying saucers. All the rest of the screenshot(s) would be original.

FYI: This "Black Miirror" in this PM discussion at the game forum is a computer (PC) game. The original artwork in this game does not have any angels/demons nor flying saucers in it at all.

Ok, that's my case. I don't mind creating a derivate work of this or that game's/movie's artwork in case I have to, to avoid copyright infringement, I just would like to share these comics with the world, possibly give other people hope, etc, thru these online comics, that's all. Oh, before I forget: At the community college that I go to someone once told me 5 years ago that "it's illegal to copy a Star Wars movie and then sell it, but it's OK to copy a Star Wars movie and give it away for free." - if that person can do this with that Star Wars movie, why can't I give comics containing game art/movie art away by hosting it online for others to read/print out for free?

How can I use these gameplay/movie screenshots in a comic book that's to be hosted online so the screenshots will not have to go to waste without breaking the law?

Thanks in advance.

AlienBZ said:

How can I use these gameplay/movie screenshots in a comic book that's to be hosted online so the screenshots will not have to go to waste without breaking the law?

Click to expand...

Get written permission from the owner of the work(s) in question.

Ok, will consider this. But in the event the devs won't give me permission, can't I host the comics on my website in such a way that they're only available via a link, people read the description of the story, if they want to read it, they click on the link, and the link takes them to a dialogue box where they have to enter a secret password - and password is only available by that person contacting me by pm and I can give them the password?

How do you guys think this will work in the long run?

What would Jesus think about stealing intellectual property from other people? In his name no less? I'm not a christian, but from what I understand, this would go against the very ideals/morals/ethics you are trying to spread.

If the owner of the images won't give you permission, don't use the images.

This shouldn't, for you, be strictly a matter of legal or illegal. Right and wrong should matter here, if you're not a hypocrite.

ecmst12 said:

What would Jesus think about stealing intellectual property from other people? In his name no less? I'm not a christian, but from what I understand, this would go against the very ideals/morals/ethics you are trying to spread.

If the owner of the images won't give you permission, don't use the images.

This shouldn't, for you, be strictly a matter of legal or illegal. Right and wrong should matter here, if you're not a hypocrite.

Click to expand...

But what about in the case of copying a movie and giving it away for free? How is this different from using these screenshots from games/movies for comic books different if I'd like to share it with people?

Besides, my Christian friend told me that (after I told her I can have these comics printed up of office depot and give them away as free copies) that God will make sure that these comics get to the people who need to read them, even if they're not hosted online, but hand delivered to certain people - is this the moral way to do this?

AlienBZ said:

But what about in the case of copying a movie and giving it away for free?

Click to expand...

Illegal as well.

How is this different from using these screenshots from games/movies for comic books different if I'd like to share it with people?

Click to expand...

It's not particularly different. They're both illegal. What in your warped mind thinks there is any excuse for stealing other people's intellectual property whether you do it for money, personal glory, or some warped idea of religion? Exodus 20:15

Besides, my Christian friend told me that (after I told her I can have these comics printed up of office depot and give them away as free copies) that God will make sure that these comics get to the people who need to read them, even if they're not hosted online, but hand delivered to certain people - is this the moral way to do this?

Click to expand...

Don't take legal advice from the delusional. God will not help you in criminal or civil actions. Matthew 22:21.

Let's put it this way. If someone were to go into your house and steal all your stuff, would you be ok with it if they gave your stuff to the homeless? Or would it still be wrong?

It is POSSIBLE that the owner of the images WILL give permission for your noble cause of spreading your religion. If they do, then you can use them, morally and legally. But you have to ask. And if they say no, you can't use them, legally or morally, even if you're not selling them for a profit. I don't understand why this is even a question.

If you are supposed to send this message out, then you can find a way to do it without stealing someone else's creation. Either get permission, or create your own images from scratch.

If what you guys said was true, then could you please take a look at this?

This is a website I found where people posted several comics from what looks like to me a game: The Metroid Database • View topic - Metroid Other M Jokes, Comics, Funny Videos etc.

So why aren't these people stealing?

I don't know how exactly to post links in this particular forum, I'm new here, this is my first (and only) post here?

From the Metroid Database site you provided the link to:

"Metroid and all related likeneses and names are © Nintendo of America, Inc, and Nintendo Co, Ltd" and "All original content © MDb."

See the "About" section for legal terms and use.

From the About section:

"All original content is © 1996-2012 Metroid Database. Original MDb content, including but not limited to graphic design, images, HTML coding, artwork, audio files, video files and text, may not be used on other websites or duplicated in any other media unless authorized permission is granted via a written agreement beforehand."

Copyrights include the exclusive rights to reproduce the work in any form, display or perform the work in any form, distribute the work in any manner, and prepare adaptations (derivatives) of the work in any way. You need permission from the copyright holder to use a copyrighted work.

As already advised several times, you would need to create your own work, commission someone to create work for you and obtain rights to the created work, or seek permission from the copyright holder of already-created work.

Linking to copyright-infringed material, by the way, is illegal as well. See Intellectual Reserve, Inc v Utah Lighthouse Ministry, Inc, 75 F. Supp 2d 1290 (D. Utah 1999).

So, to answer your latest question, AlienBZ, if those who are using another's copyrighted material do not have permission to use this material, or are not using it in a way that could be considered a "fair use" of the material (the fair use of which would be ultimately determined by a court), they are infringing. They may or may not be pursued by the copyright holder.

If other people are going to hell, do you want to follow them?

Either you are the world's most clueless "religious" person or you are trolling.

ecmst12 said:

If other people are going to hell, do you want to follow them?

Either you are the world's most clueless "religious" person or you are trolling.

Click to expand...

Either that or he's just your typical self-aggrandizing religious hypocrite.
He shall neither enter heaven himself nor allow others to enter in. (Matt. 23:13).

I have nothing but respect for people with beliefs different than mine if they really stick to them in spirit as well as in letter, consistently and honestly. But this whole "I have to spread the word of god and I don't care who I have to step on or how many laws I have to break to do it" thing is kind of making me ill. It's not just my morals that are offended, his OWN morals shouldn't be allowing for this kind of thinking...at least the morals he CLAIMS to have. And if he doesn't really BELIEVE the things that his religion teaches, then why is he so intent on pushing those beliefs on others? I suspect the "gospel" he wants to spread with these comics is somewhat inaccurate, you know.

I wonder if OP is a member of the Westboro Baptist Church.