Printing out game covers

[ATRScot]

What is the name of your state (only U.S. law)? Alabama There are several games I own that do not have games cases or cover art, I only have the cartridge. There is a site called thecoverproject.net that collects game case covers and allows you to download them. Would I be able to download these and print them out for personal use only? I only intend to use them for organization and display purposes in my home. No monetary gain.

 

[FlyingRon]

If these are legitimately purchased copies of the game, reprinting the cover isn't going to be an issue. If the cartridges are pirated, then adding the original art is hardly any more legitimate.

 

[ATRScot]

Yeah I try to make sure that the games I purchase are legitimate and will even go farther to pay more to make sure that the game is legitimate and not pirated.

 

[ATRScot]

Ok I think I might use Office Depot or some other service to print them out in color. I appreciate the help!

 

[adjusterjack]

Ok I think I might use Office Depot or some other service to print them out in color. I appreciate the help!

Most printing services won't print duplicates of copyrighted material.

You might have to do some running around to find one that will.

 

[ATRScot]

Yeah there are a few options around where I live. I was just more concerned if the actual action if printing them out was unlawful.

 

[quincy]

Original game case covers can be purchased and then resold to others, under the First Sale Doctrine. Making copies of original game case covers for sale to others, however, is not clearly "fair use." A lot can depend on the image, the image resolution, the use made of the image, the effect of the use on the market for the game, and, perhaps most importantly, the litigiousness of the copyright/trademark holder.

Here is a link to Andy Baio's Waxy.Org site and his tale from 2011 of the pixel art image he created from an original album cover. The artwork Baio created for use on his own album cover became a costly lesson for him on the limits of "fair use." He wound up settling with copyright holder Jay Maisel for $32,500 (http://waxy.org/2011/06/kind_of_screwed/). Baio's use of Maisel's photographic image to create his own artwork ran into copyright problems for several reasons. One reason was because Baio created his work for a commercial project.

Screen shots of images taken from video games have led to lawsuits in the past, as well. For one case to review, you can look at Sony Computer Entertainment America v. Bleem (https://www.law.cornell.edu/copyright/cases/Sony_v_Bleem.htm). The Sony court found that the use of screen shots, at least for comparison advertising purposes, was a fair use of copyrighted material. It cost a lot of money for both Sony and Bleem to get to the point of a court issuing an opinion, though.

There are several factors a court considers when determining if a use is a fair and an excusable infringement, or a not-fair and a costly infringement. Both the Baio site and the Sony case discuss fair use in enough depth that you can see what is looked at by a court when deciding a case where "fair use" is used as a defense.

I read over The Cover Project's website and it appears that the site's forum has talked about copyright infringement and how copying the images could stretch the limits of fair use. It also had a discussion on stores that will not print out the images. The stores that refuse to make prints of copyrighted works are smart because they can be held liable for contributory infringement (Basic Books v. Kinko's GraphicsS.D.N.Y. 1991: http://www.bc.edu/bc_org/avp/cas/comm/free_speech/basicbooks.html).

Because I am not entirely certain how The Cover Project operates (ie, if they are licensed to sell game covers), I will only say that you would probably be smart to confine any printing of game covers to your home printer and your use of the game cover images to personal game-covering ones.

 

[ATRScot]

Thanks for the detailed post. Yeah my only intent is for personal use and display. I went to a Fed Ex tonight that allows you to print your own (I do not own a color printer) to do a test print.

 

[quincy]

Thanks for the detailed post. Yeah my only intent is for personal use and display. I went to a Fed Ex tonight that allows you to print your own (I do not own a color printer) to do a test print.

The downloading of the original covers for the purpose of printing them off bothers me and the printing them off bothers me. The only thing that doesn't bother me is that you apparently purchased a legal copy of the game.

At any rate, I cannot tell you if what you are doing would be an infringement that could get you in trouble or whether what you are doing would be considered a fair use or de minimis (too trivial or insubstantial to be infringement), so if you want to know better if your game covers are likely to meet a "fair use test," you could have the specific covers, how you got them, and what you intend to do with them, personally reviewed by an IP attorney in your area. That might be smart before heading off to Fed Ex again.

Good luck ... and thanks for the thanks.

 

[ATRScot]

I just emailed an IP Attorney in my area about this matter.

 

[quincy]

I just emailed an IP Attorney in my area about this matter.

Good. The attorney probably will want to see the specific covers you intend to use and the attorney probably will also want to review the game cover website where you are and will be getting the covers. You probably will not get any definitive answers from the attorney you have contacted but you should get a clearer picture of the legal risk.

Fair use is tricky in that the US Copyright Office provides only a fair use "guideline" and recommends that anyone who wants to use copyrighted material should get authorization from the copyright holder to ensure the use of the material does not infringe. Because fair use determined on a case-by-case basis, and this only when the copyright holder takes an (alleged) infringer to court, it will be court interpretations of the law and court decisions that one needs to rely on (and, with luck, not your OWN court decision ).

Good luck.

 

[ATRScot]

Just in case you were curious, I contacted Nintendo before posting here and this was their response:

"Thank you for contacting us. I appreciate your interest in Nintendo and all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand.

We are grateful for all the requests we receive for permission to use Nintendo properties; however, we receive thousands of requests and do not have adequate staffing to review them all. Therefore, our general policy is to decline all such requests, no exceptions. I realize this isn’t what you wanted to hear and for that I apologize.

Although we are unable to grant permission, use of Nintendo properties without our formal permission may still be allowed depending on the circumstances. You are encouraged to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. This is not a comment on whether we believe your particular proposed use is permissible—Nintendo cannot provide legal advice".

 

[quincy]

Just in case you were curious, I contacted Nintendo before posting here and this was their response:

"Thank you for contacting us. I appreciate your interest in Nintendo and all our video game products. To us, it represents a great sign of success and recognition of the Nintendo brand.

We are grateful for all the requests we receive for permission to use Nintendo properties; however, we receive thousands of requests and do not have adequate staffing to review them all. Therefore, our general policy is to decline all such requests, no exceptions. I realize this isn�t what you wanted to hear and for that I apologize.

Although we are unable to grant permission, use of Nintendo properties without our formal permission may still be allowed depending on the circumstances. You are encouraged to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. This is not a comment on whether we believe your particular proposed use is permissible�Nintendo cannot provide legal advice".

That sounds like a no-answer answer to your question on the legality of printing off the game covers, huh?

I am afraid that, especially in a forum setting, no one here can give you any clearer an indication of whether your use is permissible than Nintendo did. Depending on the circumstances, permission may not be needed. But it would take a thorough review of the law and applicable case law to come even close to guessing at what a court would decide.

So ... I think you would be smart to seek permission to download and print off the game covers. Seeking permission from the one who holds the rights in the game covers is what the Copyright Office and Nintendo and others advise, even when some uses of copyrighted works will not require a copyright holder's authorization. I can see how a defense to a claim of infringement potentially could be fashioned but you do not want to find yourself sued and having to use the defense in court.

Good luck - and thank you for posting Nintendo's response to your query. It was interesting (albeit not all that surprising).