Copryright on random modified image from a game

9 replies
Hey guys,

I was wondering if I take a screeshot from a popular game and then edit that screenshot so that none of the original stuff remain but still stays close to reality, is this copyright infringement?

For example, I take a screenshot from mario bros and then process it so I look like a drawing or a comic so that none of the original picture stays other than the forms and colors.

I hear you have to change a minimum of 25% of the original picture to prevent copyright problems. Could that be enough?

Any ideas? Thanks !
#copryright #game #image #modified #random
  • Profile picture of the author agmccall
    What will you be using the images you steal for

    al
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  • Profile picture of the author Steve B
    Originally Posted by Justin Lavoie View Post

    I hear you have to change a minimum of 25% of the original picture to prevent copyright problems.

    Tell that to the judge and he'll just laugh. Taking "what you hear" as authoritative or reliable instruction is a dangerous practice. There are many, many ways to get licensed or permission-based graphics that you can change to your heart's content. Stealing other people's work is wrong.

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  • Profile picture of the author Justin Lavoie
    Alright thanks, got my answer!
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  • Profile picture of the author Tom Addams
    Don't do it.

    Altering an image in order to help it fall under "fair use" should be avoided. To help with your dilemma: if you take a screenshot from a game and use that in commercial media (a monetized blog or blog post, for instance) then this won't fall under fair use. You'll see other people doing it, but they're all breaking copyrights.

    Your next question: how do they get away with it on Youtube? A game studio needs to exercise its right to protect ownership of their intellectual property. In a nutshell: you need to find out if the studio is okay or not with you using footage in monetized Youtube videos. Most of them are fine with it. Some big studios support their fans and content creators because they're rewarded by numerous benefits. (The modding and YT creator community and Bethesda being a prime example.)

    Don't take my advice, though. I'm not a legal professional; I'm a marketer. When in doubt (about anything) get professional advice. In this case, though, my advice: avoid the screenshots.

    - Tom
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  • Profile picture of the author Justin Lavoie
    Ok question #2

    What if I paint by myself a picture of a sword from a game I like, without any logo or anything related to the game, just a plain sword that people who have played the gamne MIGHT recognize. Can I use this on a website or product?

    Just trying to find the borders before starting anything.
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    • Profile picture of the author Tom Addams
      Originally Posted by Justin Lavoie View Post

      Ok question #2

      What if I paint by myself a picture of a sword from a game I like, without any logo or anything related to the game, just a plain sword that people who have played the gamne MIGHT recognize. Can I use this on a website or product?

      Just trying to find the borders before starting anything.
      If the image is intended to suggest something of intellectual property, again, you need to avoid doing it.

      You have plenty of feasible, low-budget, legit options. As an example, let's say I was doing a blog post about a Fallout 4 mod.
      • I can use images that require no attribution and are allowed for commercial purposes.
      • I can use similar images that do require attribution and just give the attribution.
      • I could embed any video into my blog post uploaded to Youtube by the mod author.
      • I could commission an original work from someone on Fiverr or Upwork.
      • I could whip something together myself in Photoshop.
      You have other options, but those are inexpensive and quick.

      - Tom
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  • Profile picture of the author jeromepaine
    A copyright is done when an individual finished a work/masterpiece whether there's a legal registration/patent/trademark or not. Technically what you did is a copyright infringement.

    And it's a different story if you are monetizing with it and making huge money. You may face a serious legal issue. Legal battle isn't funny.

    It's true that you can grab a photo on google or take a picture without asking permission from the person or just you don't care at all. But if you have dignity you should make your own work and if you think it will sell, just go to your local government office and ask for copyright registrations.
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  • Profile picture of the author Justin Lavoie
    Great thanks again.
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