2011-04-25, 12:42 PM
http://en.wikipedia.org/wiki/Fair_use
Note you do not have to be making a profit in order to be in violation of the copyright.
Any usage that dilutes their copyright, profits, harms their interests or otherwise offends them can be grounds for an attack.
They've gone after fan sites before just for using their images to talk about their game, you're wanting to use their images to create your own game and that would easily be considered competing against them with their own material even though your games are not similar in play style.
Note you do not have to be making a profit in order to be in violation of the copyright.
Any usage that dilutes their copyright, profits, harms their interests or otherwise offends them can be grounds for an attack.
They've gone after fan sites before just for using their images to talk about their game, you're wanting to use their images to create your own game and that would easily be considered competing against them with their own material even though your games are not similar in play style.
It's not having what you want - It's wanting what you've got.