Fair Use and applications

[Frizbe]

So I am making a game guide app for android and am considering putting ads and or a paid version of the app up. If I use and cite images I find on the web is that still fair use? I've been looking into the possibility of putting ads in but they don't seem to make a lot of money so my final idea is to cite the images and release a free app and use it as a resume builder.
Oh yeah what about if I used a capture card to take my own pictures of the games work?
Does anyone have any experience with this or know of some resources I can see? I have looked and found some things that sound like this may infringe so I just want to make sure. Thanks for any help.

 

[Danoff]

Don't take what other people put online and use it, even if you cite it - since you might make a profit off of it. Instead, if you want to direct people to what others have done, use a link.

You should be able to take some images from the game to use them as a guide, but try not to borrow a ton, especially from particularly interesting or creative portions of the game. You want to be able to make a case that people paid you (even through advertising) for what you brought to the table, not because they wanted easy access to artwork or storylines created by others.

 

[BobK]

The safest thing to do is have your lawyer contact the legal staff(s) of the publisher(s) in question. Commercial entities are very protective of their intellectual property. Don't try to rationalize by saying "I'm helping their sales"; it's up to them to make that determination not you.

Oh, you don't have a lawyer? If you intend to use other peoples' IP you're going to need one. Even if only to negotiate any deals.

 

[TenEightyOne]

If you use the images as part of a product from which you gain rewards (such as money, offers of further work, public goodwill) then you need the permission of the originator.

Such use is not fair in my opinion and I think you might struggle to persuade a court (or IP owner) that it was.

 

[BobK]

It might be worthwhile to read the Wikipedia article on fair use, especially the Common Misunderstandings section.