I'm thinking about setting up a membership based site where I design game website templates and allow the members free access to the templates as a paid member.
I see websites selling actual gaming website templates using the game's artwork and was wondering if this is even legal?
What got me wondering about if this is legal or not I downloaded a fansite kit, however in the fansite kit was a pdf file that say's this:
All materials contained in this “Fansite Kit,” including, but notCan anyone shed some light on this?
limited to, any electronic files, code, audio or images (“Fansite
Materials”), are the copyrighted property of Funcom GmBH, who grants
you a personal, non-exclusive, non-transferable, non-assignable,
royalty-free license to display the Fansite Materials for your
personal, non-commercial use, provided, however, that you must include
or maintain all copyright, trademark and other notices contained in,
or associated with, the Fansite Materials. You acknowledge and agree
that you may not sublicense, assign or otherwise transfer this license
or the Fansite Materials, and that no title to the Fansite Materials
has been or will be transferred to you from Funcom or anyone else. You
also agree that you will not alter, disassemble, decompile,
reverse-engineer or otherwise modify the Fansite Materials, except as
needed to create a "fansite" based upon The Secret World.
Although I'm not a lawyer, I doubt you would legally be able to distribute the kit because according to the license, you are being given a non-transferable right to use it, meaning you cannot share it with anyone but yourself.
You might want to contact the creator directly and explain your situation that way they can decide on giving you a special customized license.
To do this legally you would need to find royalty free game graphics / code. To be safe/legal you would need to create this art and code yourself.
You could also contact these companies and pitch them your concept, if they are interested you could cut them commission checks based on sales or something like that.