I find ZeniMax's legal terms confusing?

Alaela · May 2017

This has been bothering me, and I just want to understand them better.
I want to know if I can take screenshots of a place on TESOnline, edit the colors, and showcase it on my own personal blog? This is not for commercial use at all, and it's just a way of compiling my experiences I've had with the scenes on eso with a tad of my own creative skills.

Of course, I do not plan on taking credit for the 3D models shown in the pictures. It just makes my experiences much more enjoyable. It's kind of like taking photography, but to an imaginary world.

Here is an example of one I've done so far:

If not, do I still have permission to do whatever I like with my screenshots under the privacy of my own computer without publicly showing it to net?

The ToS: https://www.zenimax.com/legal_terms_us

Under Limited License to Use, do the rules also apply to what I've done with my screenshots? I'm asking this because I want someone who can make sense of ToS better than I can.
I just get muddle in it.

max_only · May 2017

Derivative works that are clearly fan-art is covered. So go ahead and blog about your ESO life!

As long as you aren't charging money for access or prints you should be fine.

Also, it's not illegal but it's bad form to pass off anything from the game as your complete effort (like on a resume or portfolio) but you aren't doing that so you're okay.

Nestor · May 2017

If your going to post a screen shot from the game, just indicate it is a screen shot from the Elder Scrolls Online somehow.

ZOS, and for that matter Bethesda has always supported Fan Art and postings of Screenshots and Streams of the games. It is free viral marketing to be honest.

It is only if you try to profit from the imagery directly that you can run into issues. Yes, I know people can make money from Streaming, like Deltia did. But they are more concerned with you passing the work off as your own and profiting that way. But if you are posting screen shots/streams from ESO, blogging about ESO, and giving an occasional shout out to ZOS with a link or something, then you will be OK. Otherwise, there are 1000's of fan's websites out there for all the TES and Fallout Games that would be in trouble, and they are not.

Alaela · May 2017

@max_only @Nestor

I found this part in the ToS rather concerning:

You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Game, Software, and/or Content

It mentions "content", but not in regards to screenshots? Ik many ppl do it, but sometimes ppl misunderstand.

Nestor · May 2017

Alaela wrote: »

@max_only @Nestor

I found this part in the ToS rather concerning:

You may not (a) distribute, publicly perform or display, sell, transmit, publish, edit, reproduce, sublicense, rent, lease, loan or otherwise transfer any Game, Software, and/or Content

It mentions "content", but not in regards to screenshots? Ik many ppl do it, but sometimes ppl misunderstand.

Your over thinking this.

Bottom line, are you profiting at the expense of ZOS? Are you taking money out of their pocket? If not, then blog away with pics and screenshots.

Until you see all the Streamers on Twitch and Youtube and all the Fan Sites being taken down, you have nothing to worry about. Besides, it is also part of the Fair Use Doctrine

http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

And besides, the worst thing that will happen at first is some lawyer will send you a Cease and Desist if anyone at ZOS thinks this is a problem. In that case, you remove the screen shots and life goes on. And your 12,045th on the list for that to happen.