THQ Third Party Match Saints Row 4

Gameplay is copyrighted footage unless the company says you can monetize it for commentary or you're in a network (who have all of the agreements hammered out). I don't get how people like Shane Dawson include clips of songs and can get away with it though.
 
MediocreMichael said:
Gameplay is copyrighted footage unless the company says you can monetize it for commentary or you're in a network (who have all of the agreements hammered out). I don't get how people like Shane Dawson include clips of songs and can get away with it though.
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Not completely true if you add commentary on top of the gameplay footage its considered a parody and or review which is covered by law under the fair use act. Look it up it says it better than I can.
 
I have same problem to my videos and i don't know what to do. I'm not partenered with any network, so i don't get any money, right? So i could dispute them and check

" I'm not selling the video or making any money from it.",

this should solve it?
 
JollyDangerous said:
Not completely true if you add commentary on top of the gameplay footage its considered a parody and or review which is covered by law under the fair use act. Look it up it says it better than I can.
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Please stop spreading false legal advice. Adding commentary on top of video game footage has not yet been tested in court and has no precident set for it.

Until someone actually takes it to court and forces the issue, we have no protection of any kind. Further to that, the DMCA trumps fair use on YouTube which makes the whole argument about our right to do this useless.

It is plausible that in a true court challenge, just the basic act of moving when, where and how in a video game can be considered intellectual property belonging to the recording individual. It seems far more likely that commentary about the game in a review or walkthrough informational fashion would fall under fair use. It also seems likely that true parody or comedic elements directly related to the game could fall under the same classification. However, the simple act of talking while playing adds so little of value to the original product. The whole point of fair use laws is that the additional value is significant enough as to make it a product in and of itself even though the original song/game/movie was a part of the creation.
 
Tarmack said:
Please stop spreading false legal advice. Adding commentary on top of video game footage has not yet been tested in court and has no precident set for it.

Until someone actually takes it to court and forces the issue, we have no protection of any kind. Further to that, the DMCA trumps fair use on YouTube which makes the whole argument about our right to do this useless.

It is plausible that in a true court challenge, just the basic act of moving when, where and how in a video game can be considered intellectual property belonging to the recording individual. It seems far more likely that commentary about the game in a review or walkthrough informational fashion would fall under fair use. It also seems likely that true parody or comedic elements directly related to the game could fall under the same classification. However, the simple act of talking while playing adds so little of value to the original product. The whole point of fair use laws is that the additional value is significant enough as to make it a product in and of itself even though the original song/game/movie was a part of the creation.
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Nothing I have said is false if you want to be a nay sayer do it sonewhere else I report and give good creditable information. Most of the rules on commentary come directly from game publishers and game networks where the general rule for a safe monetizable video is commentary on 80% or more of the video. Nothing that I said is illegal and has even stated by you that nothing has gone to court yet so there is no proof saying that my information is illegal or immoral. Those who want to look it up for themselves can do as such but as for this argument either comeback with facts or sources that back up your claim as I have or dont come back to this post at all.[DOUBLEPOST=1377651000,1377650769][/DOUBLEPOST]
KawaGamerr said:
I have same problem to my videos and i don't know what to do. I'm not partenered with any network, so i don't get any money, right? So i could dispute them and check

" I'm not selling the video or making any money from it.",

this should solve it?
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If your doing gaming commentary its more difficult to monetize on your own because of copyright issues. Gaming networks carry more weight to dispute claims better than any one youtuber.
 
JollyDangerous said:
Nothing I have said is false if you want to be a nay sayer do it sonewhere else I report and give good creditable information. Most of the rules on commentary come directly from game publishers and game networks where the general rule for a safe monetizable video is commentary on 80% or more of the video. Nothing that I said is illegal and has even stated by you that nothing has gone to court yet so there is no proof saying that my information is illegal or immoral. Those who want to look it up for themselves can do as such but as for this argument either comeback with facts or sources that back up your claim as I have or dont come back to this post at all.
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Reading comprehension is not your strong point it would seem. I did not claim you stated anything illegal. What I did claim is that you have no idea what you're talking about on legal matters, which makes your advice horrible when given to people who may be impressionable in some respect. The markers for a fair use or parody defense are far more complicated than just adding voice on top of gameplay. Feel free to look it up as it is clear that you have not done so.

Stop giving legal advice.
 
Tarmack said:
Reading comprehension is not your strong point it would seem. I did not claim you stated anything illegal. What I did claim is that you have no idea what you're talking about on legal matters, which makes your advice horrible when given to people who may be impressionable in some respect. The markers for a fair use or parody defense are far more complicated than just adding voice on top of gameplay. Feel free to look it up as it is clear that you have not done so.

Stop giving legal advice.
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Anyone can look this information up for themselves I would appreciate
you leaving my post since you are going to be throwing insults my way. Have a good day.
 
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