Tracy, CA asked in Gaming, Copyright, Trademark and Intellectual Property

Q: Can I make a comic using screenshots from a video game to tell a story?

I have an idea of using a game to create a comic but I'm not sure if it is legal. I know people make youtube videos using the same method of screen capturing the animations and putting them together to make a show/movie. Most youtubers monetize this content as well. I'm wondering if creating something with a trademarked game will get me into trouble?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Using screenshots from a video game to create a comic may be considered a derivative work, which typically requires permission from the copyright owner. Without permission, using screenshots from a video game to create a comic could potentially be a copyright infringement.

However, there are some cases where the use of copyrighted material for a transformative purpose, such as parody, criticism, or commentary, may be considered a fair use and not infringe upon the original copyright. It would be best to consult with a lawyer who is familiar with copyright law to determine if your use of the video game screenshots for the comic falls under fair use or if permission from the copyright owner is needed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.