How should I decorate my art book cover?

Can I use video game images or character likenesses for a book's cover art?

• I'm writing a book that chronicles the history of a game development studio that was a child division of a parent company, but is now defunct. The parent company's still around but has decided not to get involved with the book.  I'd like to commission a cover artist to create the book's cover but am not sure what I am able to depict legally since the parent company's not on board. Can I have an artist depict a scene/character from the game? Or can I have the artist create a likeness based on the game's central character?

• Answer:

  Probably not, at least not without permission.  The owner of the game rights likely has an interest of some sort in the characters created for that game - whether that's a common law interest, a copyright interest, or even a trademark interest.  You're putting yourself at risk of a lawsuit, if not a judgment, by attempting to use someone else's concept to make yourself money. That said, there are other ways to do what you want while minimizing the risk.  You should get in touch with an entertainment lawyer with experience in this area to advise you what you should do in order to best protect yourself while fulfilling the creative vision that you have for your work.This answer is not a substitute for professional legal advice....