Using Art in Fantasy Grounds during a Stream?

[cyphus5]

Hey all,
I'm looking to start streaming to twitch in the next couple of weeks. It will be a homebrew game for the most part. I am a big Pinterest fan and often like to use art as an inspiration for NPCs, scenes, maps, etc. I usually put this art in Fantasy Grounds and share it on screen with players.

Is it safe to assume that doing this on Twitch is a copyright nightmare and is going to get me slapped with a DMCA? I'm definitely not using the art in my banners or overlays, it'll just be appearing when shared with players.

[Nylanfs]

From a strict legal standpoint yes. But unless you are making money from your twitch stream you can make a good faith argument that it falls under Fair Use. If you want to make sure to cover your backside, use Google Image Search to find the original artists and them list their website and properly attribute their works.

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[Ram Tyr]

While it may be a fair use to show an image to your group... once you are streaming you are publishing the art to an audience not involved in your game. I would recommend getting permission from the artists when you find the image. Be a friend to the artists! Also, I believe fair use assumes you legally own the product at issue (in this case the art), which may not be the case if you are simply copying images from the internet. Anyway, be cautious... maybe get some legal advice as this likely is complicated by the applicable law where the artists is, where you are, and maybe anyplace in between.

[Full Bleed]

Hey all,
I'm looking to start streaming to twitch in the next couple of weeks. It will be a homebrew game for the most part. I am a big Pinterest fan and often like to use art as an inspiration for NPCs, scenes, maps, etc. I usually put this art in Fantasy Grounds and share it on screen with players.

Is it safe to assume that doing this on Twitch is a copyright nightmare and is going to get me slapped with a DMCA? I'm definitely not using the art in my banners or overlays, it'll just be appearing when shared with players.

This is a far bigger issue for Pinterest than it is for you.

Don't sweat this.

[Nickademus]

I'm not into streaming, but from what I know of it, if copyright was an issue, 90% of D&D streams would have to stop. I don't think streaming your FG game is anymore a violation than posting a screen shot of it here. Any copyright art that happens to be displayed when doing so is coincidence (unless you are obviously displaying a screenshot/stream solely for the purpose of showing off the art).

[Myrdin Potter]

If you get technical and take into account all the different laws out there, taking any copyright image and and showing it without permission could get you in trouble. However, there are so many caeveouts for such things (otherwise every crowd shot on TV would be a problem), that I doubt you will have a problem.

I have never heard of art in a published module (maps and images) causing any streaming issues. As long as you are not incorporating the art into your logo or using it specifically into advertising of your stream, I would not worry about it.

[Nylanfs]

Now the RIAA may attempt to crack down on background songs, because they are assholes.

[OTG_Wraith]

It's not hard to reverse image search and find out who owns an image and then visit their page get their email and send them a polite request asking for usage.

The same goes for maps and tokens. Make an effort to show these people some appreciation. They work hard and possess a lot of talent and make our gaming experience so much richer. Be respectful.

If that doesn't impress you, think about this; when Critical Role was just starting out Matthew Mercer did what other streamers were doing and just grabbed some art and threw it up for his player's backstories. He got sued, hard. You can get away with it while you're starting out, but if you start making an income, you could be hit hard, too. Then the judge will decide how much you owe them, and it won't just be a polite request.

Don't be this guy...

[Full Bleed]

when Critical Role was just starting out Matthew Mercer did what other streamers were doing and just grabbed some art and threw it up for his player's backstories. He got sued, hard.

Can you cite your sources on this? I'd be interested in this specifics of this case.