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What I want to do is use copyrighted blizzard images throughout my site. Their copyright policy is as follows:

http://us.blizzard.com/en-us/company/about/legal-faq.html

The website generates revenue by guiding a user to fill out CPA offers with a content locker.

My concern is that because I will be using Blizzard images I will be violating their "non-commercial" use clause. I'm not selling their images for direct profit BUT their images are on a website that generates revenue through other means.

This concern extends to other situations where I want to use copyrighted images on a website that generates revenue.

Thoughts?

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can you add what "CPA" is to your question? –  DisgruntledGoat May 7 '12 at 21:16

2 Answers 2

up vote 4 down vote accepted

Commercial use is generally interpreted rather broadly, including indirectly as well as directly profiting from the use. Using an illustration on a commercial site would usually be considered commercial use. For instance, this site says:

Basically, if there's as much as a sniff of commercial interest in what you're doing then it counts as commercial use.

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This is determined by, is Blizzard's content directly affecting the revenue that's being obtained by your website. What will you actually be doing with this images? Will it be the main visual effects of your website or will they be somewhere else on the website apart from your e-commerce area?

If they're directly affecting your revenue, then yes, this would be illegal. If they're providing a reason for the person to participate in the act of your e-commerce, then yes it is illegal. If it's not serving any other basis other than that, then why do you need the images on the website to begin with?

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