Can I legally use full-screen video game footage in a documentary film without permission?

Answer 1

A video-game's footage can be used without permission under the "fair usage" laws. Before you go sticking it into your movie, brush up on those laws, because it is way open to interpretation. This is not an exact wording by any stretch of the imagination, but the general spirit of "fair usage" or "fair use": The use of copyrighted information, music or imaging can be used as an example of a broader theme as long as the copyrighted material is not claimed by the documentarian, or to be used as purely entertainment content. For example, if you include screenshots or action in Quake as an example of video game violence, then you are okay. But if you use it as the opening credit graphics of the film, then there will be trouble. Make certain that you credit every piece of copyrighted material.

The best way to use graphics of a video game is to videotape the monitor as a person is playing it instead of directly feeding the image to a recorder. This adds a separating layer away from infringement -- it's a person playing Quake, not Quake being exploited as the sole piece of entertainment. Your legal stance should show in the film that your intent is to give examples of video game violence, not that Quake is a good or bad game.

Even if you say something good about a product, you open yourself up to legal consequence. If your film is about the evolution of video game graphics, you should take the same precautions.