Video Game Screenshots

[chris_kalan]

I'm getting a new run of business cards made for my online gaming review site. Is it copyright infringement to include a screenshot of some of my favourite games on the back? Each screenshot will have a title, the name of the game listed, the system it was for, and the year it was published.

Of course, these are business cards so they won't be sold, but they will be given out at a gaming convention when I go (as a journalist). There will be about 15 designs or so, and a run of about 200 cards printed (total, not 200 cards per design).

Thanks for your help!

 

[quincy]

Is it infringement? Probably.

Being a journalist does not give you any special rights over others to infringe on copyrighted works or trademarks.

While you (and others) are able to use trademarks and copyrighted works in limited and specific ways for review purposes, if you want to use any rights-protected materials in a commercial way (ie, to advertise or promote your business or website), you will need to get permission from the rights holders.

 

[chris_kalan]

Is it infringement? Probably.

Being a journalist does not give you any special rights over others to infringe on copyrighted works or trademarks.

While you are able to use trademarks and copyrighted works in limited and specific ways for review purposes, on your online game review site or elsewhere, if you want to use any rights-protected materials in a commercial way (ie, to advertise or promote your business/website), you will need to get permission from the rights holders.

Thanks for the quick reply!

If it clearly states on the screenshot "This is one of our favourite games! Head to [website] for our full list!", does that make it part of a review enough such that it is fair use? I would think this is in line with saying "Mario is on our top ten list of favourite games. What else made the cut? Go to our website to find out," alongside a photo.

Thanks in advance!

 

[quincy]

Thanks for the quick reply!

If it clearly states on the screenshot "This is one of our favourite games! Head to [website] for our full list!", does that make it part of a review enough such that it is fair use? I would think this is in line with saying "Mario is on our top ten list of favourite games. What else made the cut? Go to our website to find out," alongside a photo.

Thanks in advance!

A business card is an advertisement. You cannot use someone else's copyrighted material or trademarked products or services in your advertising, as a way to promote your business, without permission from the rights holder - at least without great legal risk. This is the case whether what you have to say about the rights-protected material is positive or negative. It is the use alone that infringes on owner rights.

I recommend you save the use of the rights-protected material for your website. And you should remember to follow court guidelines for the fair use of trademarks or copyrighted material when using them in your reviews, so you can better protect yourself from having any legal action taken against you.

As an additional note: Journalists try to avoid all appearance of bias when doing reviews. The honesty of a review of an online game can be called into question if it appears you are in "cahoots" with the producer of the game, with a positive review used as a way to increase their sales. Using games as a way to advertise your site can certainly leave that impression with visitors to your site and readers of your reviews.

You could find the the following Knight Community News Network site helpful - http://www.kcnn.org. Click on the word "Learning Modules" in the banner on the home page. Scroll down to the "10 Legal Risks" module and read all that you find there. The legal information provided is designed for website owners and bloggers, to help them avoid a lawsuit.

Good luck.