Is a Screenshot Copyrighted?

A screenshot is a captured image showing the program currently running on your computer. Screenshots originated in the 1970's to market video games, but screenshot uses have evolved. Today, they help software users to learn the functions of their programs, and help tech support navigate troubleshooting problems. Screenshots are used and published on user's websites and other media outlets, but they come under scrutiny from software vendors. Is it ok to use a screenshot of your computer or a software program? Are screenshots fair use?

Some companies believe the use of screenshots is an infringement of copyright on their program. This is because screenshots are perceived to be derivative works.

However, The US Copyright Act of 1976, Section 101, says: "A derivative work is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."" A photograph of a copyrighted item is considered a derivative work in US jurisdiction.

US Copyright Act of 1976, Section 106: " The owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (...) to prepare derivative works based upon the copyrighted work." The U.S. law permits copying of images or text for "criticism, comment, news reporting, teaching, scholarship, or research."

In plain English, this means yes you can use screenshots, as long as you created the screenshot with your own creative measures.

Software vendors feel it is not ok to use screenshots of their copyrighted works, and Trusted Computing is addressing this issue. Under Trusted Computing, programs will be able to block a user from taking of screenshots of their windows. Trusted Computing is working on helping software vendors protect "unique and original" copyrighted works distributed.

It is a good idea to read the terms of a software program before creating any works that could violate copyrighted works.

Some software companies, like Microsoft® have this issue addressed in the EULA (End User License Agreement) that you agree to before using it. Microsoft abides by the Copyright Law as listed above, but has different provisions. Another words, even though the copyright law says we can make our own creative works, Microsoft will not allow specific kinds of copyrighted work duplicated, and once you sign the EULA, it automatically overrides what the U.S. allows.