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Who owns the digital rights to a game's screenshot?

xentr_thread_starter
I wonder at what point a "program" looses its right to call infringment. For example Adobe photo shop.
I put a picture into the program, edit it with the program, render it with that program but i still retain rights to the picture.

Autodesk 3ds MAX, i create a scene with the program, texture, lighting rendering all with the program and i still retain rights to the work when i'm done.

FSX is built from the ground up as more of a "tool" for other developers to develop add on content, which they use screenshots to promote their work that they retain rights to and make revenue off of.

So deciding who owns rights to what isnt so cut and dry.
 
encorp said:
I know this for fact as I know a photographer who was charged after taking photos of a landmark.
Click to expand...
your photographer needs to get a better IP lawyer. public or private buildings visible and photographable from a public location have no intellectual property rights attached to them. when it comes to artwork attached or adjacent to said building, things get very murky but when it comes to just the building...as long as you are on public property when you take the photo, you are free to do as you please. that is paraphrased from the american society of media photographers. there is copyright laws enacted on buildings built on or after Dec 1990 but there is an exception for photo's according to that law.

FiXT said:
however photo's of people, or things like weddings - the photo's are copyrighted by the photographer.
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in order to commercially copyright a photo of a person, you need a model release...even out in public of random people. if you find yourself in a photo being used in a marketing campaign and they don't have your signature on a model release, you have a pay day coming up :biggrin:

weddings are different because you are granted permission by those hosting the wedding. some events you go to will also have release information like concerts or events of that nature built into the purchase agreement waiving your right to your likeness. oh and as for photos of art, as touched on above, it has loopholes and there is a "fair use" policy of art as long as the use of the photo is for "educational, research, news reporting, criticism, or public interest use" you "may" be covered under fair use...note the use of the term "may". with art things can always be interesting and expensive. but for commercial use, no way without written permission.
 
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IP laws are designed to ensure that content creators won't be able to benefit from their art.
 
In most cases, it's the publishers who own the rights to video game captures. You'll find that some games will go as far as branding each of your screenshots with the game and publisher emblems in a corner.
 
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