Conditions of using Total War game visuals on website(s)

[Dominick]

Hi everyone,

I've been looking around the forums and I wasn't sure where to post this question as it is connected to web design, law and Total War games all in one, so I'm posting it here. If there is a more appropriate place for this thread somewhere, I would kindly ask the moderators to move it there.

Lately I've been looking around and tinkering with a Wordpress website and when looking at some Total War mods, Total War Center itself etc., a question arose.

What are the conditions of using Total War game visuals on a website? Or any game for that matter? Did SEGA or someone disclose this in their Terms & Conditions or something of the like? What I mean by Total War visuals would be for example the art included on the covers of retail game boxes etc. I see that Total War Center is using some of this art on its home page. Does a permission need to be acquired, or is it considered fair use as its usage promotes the game(s) where the art comes from?

Thanks to everyone for their time and I'm looking forward to your answers.

All the best,
Dominik

[AnthoniusII]

I do not know about CA/SEGA but TGC mod has strict forbiten any use of its material without writen permision.
The reason is that TGC mod uses info and visual referencces by real history authors, armor creators and book artists with the condition that their permition aplies only for TGC.
There are two ind of visuals.
1ST CA/SEGA's
2ND MOD materials.
I am quessing that a question to CA/SEGA for a email writen answer about permision should also be apropriate.

[Basileos Leandros I]

It varies by country the permission usage - the concept of Fair Use, which is well documented in the USA, is not the same as the one in the European Union.

For example, if you make a YouTube video with Total War videos and you either comment or showcase, that's considered Fair Use because it falls under commentary. Here's a good link about that, US perspective from Stanford University - https://fairuse.stanford.edu/overview/fair-use/

EU law is different, because it requires an analysis on a case by case basis. -> https://cdt.org/insights/why-the-eu-...t-to-fair-use/

In your specific case, you do need permission from SEGA to showcase on your website, especially if you make money out of it.

[Dominick]

It varies by country the permission usage - the concept of Fair Use, which is well documented in the USA, is not the same as the one in the European Union.

For example, if you make a YouTube video with Total War videos and you either comment or showcase, that's considered Fair Use because it falls under commentary. Here's a good link about that, US perspective from Stanford University - https://fairuse.stanford.edu/overview/fair-use/

EU law is different, because it requires an analysis on a case by case basis. -> https://cdt.org/insights/why-the-eu-...t-to-fair-use/

In your specific case, you do need permission from SEGA to showcase on your website, especially if you make money out of it.

Alright, so let's see if I got some of these law aspects right.

Spoiler Alert, click show to read: 

If I use this guy as a cover of an article talking about something related to Medieval II Total War, it would be copyright infringement (not sure if pngfind.com which uploaded this image uploaded it legally). However, if I upload a screenshot from a mod using this guy as a visual in the main menu, it would be considered fair use by US law, considered commentary, and a permitted limitation (press review) by EU copyright law, as it would be used as gameplay footage in an article (review) of the game?

Can a modification of a SEGA/CA game use assets from the same or other games by SEGA/CA? I suppose it can.

[Dominick]

Hey guys,

I'm revisiting the idea described earlier. Would someone know whom and through which channel should I ask for permission for usage of game media material? SEGA or CA?

Any help would be largely appreciated.

[Dismounted Feudal Knight]

I'd shoot an email to CA on the subject and see if they redirect you. Let us know if anything interesting comes of it. My assumption is that this thread is already on the right track, but I don't rightly know much about the subject and I haven't found any particularly clear answer from the developers or publishers I'd use as an answer here.