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.
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.
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