Posted February 08, 2015
We've excluded point 1.
Well, they're marketed as "avatar images", so I would argue that you would just put them to their intended use. What else should they be for? (point 2)
And secondly: You are effectively promoting the product they come from. And that's the point of spreading avatar images as a bonus - free advertisement. (point 4)
It could also be argued that the avatars are only a small portion of a bigger work - the game (point 3).
So I wouldn't worry in this case.
Now if you created a "derived work" from those avatars, say a version with bunny ears for upcoming Easter holidays - that would IMO fall under fair use.
Lastly I would not worry, since if a company would sue you over the use of avatars, you just create a public donation account and grab some popcorn and watch the shitstorm...
Well, they're marketed as "avatar images", so I would argue that you would just put them to their intended use. What else should they be for? (point 2)
And secondly: You are effectively promoting the product they come from. And that's the point of spreading avatar images as a bonus - free advertisement. (point 4)
It could also be argued that the avatars are only a small portion of a bigger work - the game (point 3).
So I wouldn't worry in this case.
Now if you created a "derived work" from those avatars, say a version with bunny ears for upcoming Easter holidays - that would IMO fall under fair use.
Lastly I would not worry, since if a company would sue you over the use of avatars, you just create a public donation account and grab some popcorn and watch the shitstorm...