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  1. #1

    Permission to Publish a Screenshot

    Cambridge University Press will publish my next book, The Social Structure of Online Communities, and we would like to use for the cover a screenshot I took in Lord of the Rings Online. I could send you a copy of the picture we want to use, and any other information you want. Do we need permission to publish the picture on the cover of the book? If so, would you please grant permission? I am an experienced social scientist who has published extensively about massively multiplayer online games; see for example my Wikipedia page:
    en.wikipedia.org/wiki/William_Sims_Bainbridge
    Sincerely, William Sims Bainbridge, Ph.D.

  2. #2
    Join Date
    Sep 2016
    Posts
    2,541
    This is obviously more of a rights issue question for the legal department, but the general usage policies for screenshots and other in game assets you wish to use for noncommercial purposes are covered in the Daybreak Terms of Service here: https://www.daybreakgames.com/terms-...vice#section11

    14.4 is probably most relevant:

    14.4. License Grant and Restrictions. Subject to your acceptance of and continued compliance with all the terms and conditions of the Daybreak Terms of Service and Daybreak End User License Agreement, during the period of time that you have an account for any Daybreak Game(s) or for a shorter period of time (as determined by Daybreak), Daybreak grants you a limited, personal, non-transferable, non-sublicenseable, revocable, non-exclusive right to use Daybreak Game Assets to create and distribute UGC as described in this Section 14. Daybreak expressly reserves all other rights in and to the Daybreak Games, including, without limitation, all Intellectual Property therein. Daybreak shall remain the sole and exclusive owner of the Daybreak Games, including, without limitation, all Intellectual Property therein, and your right to create, use and distribute UGC is subject to Daybreak’s ownership rights and the Daybreak Terms of Service and Daybreak End User License Agreement. Nothing in the Daybreak Terms of Service and/or Daybreak End User License Agreement shall be construed as allowing you to use, sell, distribute, license or otherwise exploit any Daybreak Asset or Intellectual Property therein for any other purpose or in any other manner other than as expressly provided in this Section 14. Your use of any Daybreak Game Asset(s) in UGC is subject to the usage guidelines that Daybreak may provide for those Daybreak Game Assets from time to time. You hereby agree not to (a) remove any trademark, copyright or other proprietary rights notices contained in any Daybreak Asset, (b) challenge Daybreak's or its licensors’ ownership of the Daybreak Game Assets and/or the Intellectual property therein, (c) use Daybreak’s name, trademarks, and/or the name of any Daybreak Game(s) in any Fan Site name, domain name or App name, and (d) use or adopt any names and/or trademarks that might be confusingly similar to the trademarks of Daybreak and/or its licensors. UGC must not include any material that is illegal or infringes on the rights of third parties or that is likely to harm the reputation of Daybreak, our affiliates, our service providers and licensors as well as the Daybreak Games. Your use and distribution of UGC must not suggest or imply any sponsorship by, affiliation with and/or endorsement by Daybreak and/or any of its affiliates. The creation and sale of merchandise based in whole or in part on any Daybreak Game(s) is expressly prohibited without Daybreak’s prior written permission. Daybreak reserves the right to require the removal, destruction and/or deletion of any UGC that does not comply with the Daybreak Terms of Service and/or Daybreak End User License Agreement.


    Daybreak reserves all right, title and interest in and to the Daybreak Game Assets that are not expressly granted in this Section 14. You shall not rent, lease, reproduce, modify, translate or create derivative works of any Daybreak Game Asset(s) except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the characters or content contained in any Daybreak Game(s) without the express written permission of Daybreak. Daybreak does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on any Daybreak Game(s) is expressly prohibited.

    I imagine an academic-minded book published by a university press fits smack dab in the grey zone in terms of formal legal use. Whether it fits into any kind of definition into something we'd actually care about I have no idea. In general, we have no issue at all with people using their screenshots for fansites/web sites/blogs/documents/guild sites, etc., and I doubt your book threatens the New York Times bestseller list (just sayin'), but whether it technically fits into noncommercial is not something I can answer. My non-legal-opinion gut tells me it's probably fine, but I do not have the ability to legally grant that permission.
    Community Manager, Lord of the Rings Online
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    coolcool

  3. #3
    Join Date
    Dec 2012
    Posts
    449
    In short, Rumilisoun needs contact information (email, phone, USPS) for the Daybreak Games legal department.
    Immigrant from the City of Paragon. We are heroes. This is what we do.

    Founding member of Mornost Gwend of Gladden. "We shout a lot!"

  4. #4
    Thanks! But how do I contact the legal department? I've had trouble finding an online way of reaching them.

  5. #5
    Join Date
    Oct 2010
    Location
    Illinois
    Posts
    1,152
    Daybreak Game Company
    Corporate Office
    Address: 8310 N Capital of Texas Hwy #200, Austin, TX 78731
    Phone: (858) 239-0500
    "I never feed trolls and I don't read spam" - Weird Al Yankovic

 

 

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