Sony Computer Entertainment America, Inc., a Delaware Corporation v. Bleem, Llc, and David Herpolsheimer Jaime Felix

O’SCANNLAIN, Circuit Judge:

We must decide whether the unauthorized use of a “screen shot” — a frozen image from a personal video game — falls within the fair use exception to the law of copyright.

I

Personal video games come in two basic varieties: console games and PC games. Console games are played by loading a game disk into a console, which is connected to the user’s television. PC games are played by loading a game disk into the CD drive of a personal computer. Sony Computer Entertainment America, Inc., (“Sony”) manufactures both consoles — the highly popular Sony PlayStation — and their…