Do I need permission from video game companies to use screenshots in a book?

Question

I am writing a video game history book and plan to sell it commercially. I want to include gameplay screenshots in the book. I do not have any agreements or permission from the video game companies. Would I need to obtain such permission from them to use these screenshots in my book?

James L. Arrasmith · Answer

Using video game screenshots in a commercial book without permission is a complex legal issue that sits at the intersection of copyright law and fair use. While video game companies hold copyright over their games' visual elements, your historical documentation and analysis might qualify for fair use protection depending on several factors. 
 
Fair use considerations include how transformative your use is, what proportion of the original work you're using, and whether your book might impact the market for the original games. Many scholarly works about film and other visual media include screenshots under fair use doctrine. However, know that this area remains legally ambiguous and what constitutes acceptable use varies widely. 
 
Your safest approach would be obtaining explicit permission from the rights holders, but this isn't always practical or possible for historical works covering many titles. As an alternative, you might consult with a copyright attorney who understands publishing and fair use in your specific jurisdiction. Many publishers also have established guidelines for handling such material and might help navigate these waters during the publication process.

Q: Do I need permission from video game companies to use screenshots in a book?