User blog comment:Gardimuer/Publisher sells BioShock Wiki "books"/@comment-1330314-20111107215904/@comment-1401334-20111108050200

Actually, as far as profiting from copyrighted content goes, we are in the same boat as Books LLC. All Wikia sites gain revenues from page ads, and the articles we create attract viewers to see the ads. Thus, in our case, Wikia is profiting from 2K Games's copyrighted BioShock content, and as far as I know, BioShock Wiki never got legal permission from 2K to use any of the images or audio files that our wiki currently hosts.

The only reason we get to claim "fair use" is that the text, image, and audio content we provide isn't enough to replace the "market role" of the games themselves. In other words, no one would ever consider reading articles here to be a adequate substitute for the experience of actually buying and playing the games. Therefore, our wiki isn't preventing 2K Games from selling their games, and their lawyers have no reason to take issue with us.

In the case of Books LLC, they can claim fair use the same way we do. Think of it this way: gaming magazines and websites display copyrighted images and videos all the time, and they profit off of it by ad revenue or magazine sales. Legaly, Books LLC's products are little different from those magazines.