Show me an example of reuse in your code where you violate copyright law.
How does it violate copyright?
Utilized asset: BC headshot for BC mode in game.
I took the image of Dr. BC directly from the University of Idaho website. The original photographer could argue that the layout in the photograph is an artistic expression, and therefore the photo falls under copyright law.
What did you have to do to integrate it with the code you wrote? What are the legal
implications if you market your code with the re-used portion? Use fair use argue that
you can use this anyway.
The four factors judges consider in fair use are:
- Purpose and character of your use (nonprofit/educational vs. commercial) (transformative)
- I can’t argue it is for educational purposes, because the question explicitly says I am marketing the game.
- My use is transformative: adding new context to the image rather than substituting the original. I could also have changed the image.
- Nature of the copyrighted work (factual vs. creative)
- Although the image itself is creative, Dr. BC’s face is factual. This would be harder to argue in court.
- Amount and substantiality of the portion taken
- This image is not a main component of the UIdaho website
- Effect of the use upon the potential market
- This use does not compromise the market of the original photographer nor UIdaho.
- Video games and headshots are a different market completely.