Scott Pease
United States
Tarzana
California
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I couldn't find a definitive answer to this through search.

The Geekmod image rules would seem to point to "no, not without permission from the publisher."

Yet I have seen a lot of these images in the database - should most have been originally rejected if they were submitted without the proper attribution/permission comment?

I've also seen the argument advanced that if the publisher has put them out in a public space, then they should be allowed to be uploaded here.

Either way, just wanted to get the definitive ruling. Thanks.
 
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Timothy Burke
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Oakland
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Some of the smaller publishers would probably love that your spreading the word. The larger ones have lawyers to content with. Ask first and sometimes you'll get permission, or take your own photos and upload at will.

(a non-lawyer)
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Werner Bär
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Karlsruhe
Baden
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The pictures on the publishers web site are property of the publisher. Some people claim that they are fair use, but this is not the case. Some publishers (for example Kosmos) even explicitely state that all contend of their web site is protected.

But you can send a message to a publisher and ask them if you're allowed to use their images here (while including a copyright note). I did this with 4 publishers, and got an OK from 3 of them.
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Richard Rutten
Netherlands
Nijmegen
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the spunk plus the bomb plus the pump plus the torture instrument times frankie equalling the bang is an exclusive piece of ZTT exploitation
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No, it's not allowed unles you have explicit approval from the copyright owner.

The reason that you see a lot of images like that in the db is that people don't seem to enforce this rule when geekmodding. I keep rejecting images due to copyright reasons but they almost always get through anyway.
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Wakefield Morys-Carter
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Oxford
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Blind Reality wrote:
No, it's not allowed unles you have explicit approval from the copyright owner.

The reason that you see a lot of images like that in the db is that people don't seem to enforce this rule when geekmodding. I keep rejecting images due to copyright reasons but they almost always get through anyway.


I often reject for 'too small' if the image looks like it is from a website (because it's less than around 300x300) and the comment doesn't mention explicit permission.
 
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Paul Ripley
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Blind Reality wrote:
No, it's not allowed unles you have explicit approval from the copyright owner.

The reason that you see a lot of images like that in the db is that people don't seem to enforce this rule when geekmodding. I keep rejecting images due to copyright reasons but they almost always get through anyway.


How is a modder going to know if the submitter has permission or not? I don't see how they make that decision.
 
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Connie Gunderson
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Deer Creek Mesa (Littleton)
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Include a notice that permission was received and from whom in the caption.

This is expressly stated in the image uploading rules.

Even if this were not expressly stated in the rules for uploading images, it is reiterated on the image upload page where you have to select either the "I created this image" radio button, or the one that says "I have obtained permission from the owner of this image". That should really dispose of the issue.

I only ran into the whole "fair use" caption today for the first time. I was directed to the wiki page http://en.wikipedia.org/wiki/Fair_use describing the concept and its role in US copyright law. I am not at all sure that the uploading of images to bgg is what's contemplated by fair use. I suppose reasonable minds could disagree on the point, but the cornerstones of the doctrine require that the use further at least one of these ends: criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. I just think it really stretches the limits of reason to conclude our uses here on bgg align with those permissible uses. In any case, I would not feel I was acting in good faith if I appropriated images for bgg use and characterized it as fair use.

I spend a lot of time and effort to get express permission from rights holders before submitting pics, and then I provide an attribution in the caption. I do it mostly because I believe in copyright (yes, yes, I see my various pirated microbadge graphics and avatar, settle down), but I also do it because it's the rule here on BGG.

So, to conclude. Even though "fair use" is an acknowledged and accepted practice elsewhere, and even if you believe bgg image galleries educate, report, critique, etc, making the use "fair", this website's owner has declared it is an unacceptable practice here.
 
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