(sorry if this is in the wrong forum, I have no idea where it SHOULD be, though)
I plan on making a website chronicle for my players. I want to spiff it up, so I was going to use images. I plan on using the freely-available images that can be found on the DnD website art gallery, which I can download without signing in or even reading any type of EULA. An example: my monk player chooses a suitable "monk" image from these freely available pics, and I use that as his "portrait" on my website (it is also the portrait he uses on character creator).
As long as I 1) Cite that the images are property of Hasbro/Wizards of the Coast and 2) I don't profit from these images in any way (the website is basically just a campaign chronicle/fansite that would only redirect to the DnD Compendium), is there anything wrong with creating a fansite/campaign like this? I see plenty of blogs where they will use the map gallery to review modules and the like, and I haven't seen any of those get hit with cease and desist orders...
I don't want to trample on WotC/Hasbro's rights, but seeing as how these images are completely free and easy to download, I don't think there is any legal issue here as long as I make it clear it is a fansite/not official DnD website, and I don't profit.
Is there any way to get clarification on this issue?
You don't have a license to use those images.
ww2.wizards.com/Company/Default.aspx?doc...
See section 2. A website is not personal use.
So I am expected to use the fansite kit which contains all of 20 images, and missing a lot of options... well, this officially sucks.
Funny, so they have the art galleries avauilable for download but you cannot use the images ever. You can just look at them and not print them, use them on your web journal, or in your game.
I love your legal department Wizbro!
For the O.P.: try looking in Google images. You might be able to find other art from less restrictive websites. Or look on the websites of the artist who did the originals for WotC.
Funny, so they have the art galleries avauilable for download but you cannot use the images ever. You can just look at them and not print them, use them on your web journal, or in your game.
I mean, that's the part that's just mind-boggling. Supposedly, according to the terms of use, we can't even print these images out, but then why go through all the trouble of making EVERY SINGLE PEICE OF ARTWORK available online?
If you don't want people to use it, DON'T MAKE IT AVAILABLE ON THE INTERNET.
It would be one thing if I had to torrent this stuff; but why make it available just to say "oh, by the way, you can't use it at all".
Technically, according to the terms of use, I violated the law printing out a picture of a Lightning Rail for my players so they knew what it looked like.
Is this seriously what the Wizards Legal Team has come to? Reserving the right to sue anyone for using information that they WILLINGLY put in front of us?
If this is the case, how come you can have websites advertised by PEOPLE ON THESE FORUMS (elevenfootpole.blogspot.com/ as an example), who use LOTS pictures that are DEFINITELY not in the fansite kit? I mean, these people flaunt these websites in their signatures... yet I can't do the same thing with a website that is password protected so that only my players can see it?
Tell me how that makes any sense at all.
It's really very simple.
D&D and Wizards of the Coast probably do not have a seperate legal department from their parent company Hasbro, or if they do it is just an extension of the larger body. This legal department writes the policies and rules to match and comply with the larger company policy. It's not the same as a legal department meant to make things as accessible for paying users and fans of the product as possible, it's not there to facilitate use of the product.
Totally. If you don't want people to use your stuff, stop publishing books! 
Read the legal bits again. It doesn't say you can't print it. In fact, it actually says that you CAN print it. Holy cow! Amazing!
A quick check of the gallery for Book of Exalted Deeds yields this tidbit:
DMs can even use the art as visual aids in their sessions!
You can use the material for personal use - you don't have any kind of "right" or license to republish the stuff.
Ya'll need to chill out a bit.
Totally. If you don't want people to use your stuff, stop publishing books!
Read the legal bits again. It doesn't say you can't print it. In fact, it actually says that you CAN print it. Holy cow! Amazing!
A quick check of the gallery for Book of Exalted Deeds yields this tidbit:
DMs can even use the art as visual aids in their sessions!You can use the material for personal use - you don't have any kind of "right" or license to republish the stuff.
Ya'll need to chill out a bit.
I think using a book from 3.0 might be a bit misleading.
Legal bits:
You are granted a limited, non-sublicenseable license to access and use the Site and electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content for your personal, noncommercial use only...
Emphasis added. This isn't an open permission. It's tied to the use of the site. You have the freedom to read a website on or offline if you have permission to access it.
Such license is subject to these TOU and does not include: (i) any resale or commercial use of the Site or any Site Content therein; (ii) the collection and use of any product or service listings, pictures or descriptions; (iii) the distribution (electronic or otherwise), public performance, or public display of any Site Content
Emphasis added. Subsection iii says displaying and sharing pictures is not allowed, so putting them on your website or showing them to people around the gaming table violate the Terms of Use of the WotC website.
All this could be fixed if either the magazines or the images or the images' site saying "WotC grants permission to copy, modify, and distribute the above images." (It's one of those issues that went away after WotC ignored it long enough, but nowhere on the magazines did it say you could print them out leading to people turned away at print shops)
I think using a book from 3.0 might be a bit misleading.
I think your statement implies deception on my part, which is misleading. I'm not using a book. I'm using a statement from the gallery webpage (as I linked). Part of the WotC website that you're complaining about.
You are granted a limited, non-sublicenseable license to access and use the Site and electronically copy (except where specified as prohibited) and print to hard copy portions of Site Content for your personal, noncommercial use only...
Emphasis added. This isn't an open permission. It's tied to the use of the site. You have the freedom to read a website on or offline if you have permission to access it.
A gaming session is personal. Placing them online constitutes publication, and is not personal.
Such license is subject to these TOU and does not include: (i) any resale or commercial use of the Site or any Site Content therein; (ii) the collection and use of any product or service listings, pictures or descriptions; (iii) the distribution (electronic or otherwise), public performance, or public display of any Site Content
Emphasis added. Subsection iii says displaying and sharing pictures is not allowed, so putting them on your website or showing them to people around the gaming table violate the Terms of Use of the WotC website.
Yet, the statement from the gallery (part of the WotC website, and therefore, as published by WotC, permission for you to do so) says you can use them as part of your game session.
Stop splitting hairs.
All this could be fixed if either the magazines or the images or the images' site saying "WotC grants permission to copy, modify, and distribute the above images." (It's one of those issues that went away after WotC ignored it long enough, but nowhere on the magazines did it say you could print them out leading to people turned away at print shops)
You can't blame WotC for the idiocy of print/copy shops.
DM-produced player handouts have long been an accepted use of copyrighted content. Wholesale reproduction for distribution, not so much.
The print/copy shops are simply being overly-anal in their desire to cover their butts from a lawsuit, rather than deal with the hassle.
A gaming session is personal. Placing them online constitutes publication, and is not personal.
In your professional legal opinion?
Yet, the statement from the gallery (part of the WotC website, and therefore, as published by WotC, permission for you to do so) says you can use them as part of your game session.
They used to say that. Six years ago using the example you found. They used to explicitly say you could print them out. But they have since removed that text from more recent galleries suggesting they have removed that right.
You can't blame WotC for the idiocy of print/copy shops.The print/copy shops are simply being overly-anal in their desire to cover their butts from a lawsuit, rather than deal with the hassle.
They're told not to print copyright material. The legal page of the document says it is not to be reproduced. They're not being overly-anal any more than they would if someone showed-up with a pdf they pulled from a torrent site. They need explicit permission for copying.
My point is simply WotC -either the legal team or the webmasters- could do more to make elements user friendly and accessible.
Isn't a private website that only myself and my players can access a "private" website? Again, I am password locking my website; the contents of the site would not be available to anyone but myself and the players I give the password to.
I consider this "private", as not everyone can access it.
And, not to sound like a jerk, but, Kythri, unless the page says specifically that the content on the page can be reproduced, I feel that reading that terms of use, I'm violating it, due to the wording. I can not find a single recent "gallery" that says I am allowed to copy those pictures for in-game use: this is troublesome, because there are specific instances in RECENT BOOKS that say I am allowed to reproduce this stuff (specifically the Eberron Player's Guide, which says we are allowed to copy and customize the picture of the Travel Documents image and the Letter of Marque image).
The fact that they explicitly give permission on some items makes me feel that I should be under the impression that since they are NOT giving explicit permission on some items, but ARE giving explicit permission on others, that I should assume that, unless given specific permission, that I do not have it.
In any case, how can I get an OFFICIAL answer. Hate to say it Kythri, but unless I'm not reading your profile right, you're basically playing an armchair lawyer; I was hoping I would be able to find an official answer from WotC/Hasbro on this.
Just simply link to it on the art gallery page. Then it's not on your site and anyone who wants to view the picture can follow the link.
In any case, how can I get an OFFICIAL answer. Hate to say it Kythri, but unless I'm not reading your profile right, you're basically playing an armchair lawyer; I was hoping I would be able to find an official answer from WotC/Hasbro on this.
Try contacting Customer Service with the inquiry for an official answer.
Probably a good idea if you ask yourself one question about the image(s) you wish to use:
- Can my players already access the images on their own?
If the answer to this is yes(And by on their own I mean, can they get online on their own time and download these images?) then there shouldn't be a problem using the images in a privately run fun game.
In any case, how can I get an OFFICIAL answer. Hate to say it Kythri, but unless I'm not reading your profile right, you're basically playing an armchair lawyer; I was hoping I would be able to find an official answer from WotC/Hasbro on this.
Hey, if you don't want to read the text that WotC publishes, by all means, call up Customer Service and have them read the text to you. No skin off my nose, and no offense taken.