Copyright claims

Mr_Oujamaflip

Mr_Oujamaflip

Active Member
Hello,
I've had two copyright claims today on my two most recent videos. The first was just some troll, as soon as I put in a counter claim it was withdrawn so that's fine. The second was from Nintendo.

I made a video discussing the Breath of the Wild footage and the copyright claim was on there before I'd even published it. A random section of the video is claimed but I'd like some clarification if what I'm doing comes under fair usage. I've cut clips together to match roughly what I'm talking about and the recording and script is entirely made by me, the footage was taken from the E3 treehouse event and cut together as I've said to match what I'm referring to in my script. I think it is fair usage due to the editing as well as the critique I've put over the top of it.

So basically, am I right to put through a dispute on this?
 
Nintendo is very well known for being very particular about their IP. I don't think you want to dispute, because they likely *will* pursue continued action.
 
That's just it, there's literally no money involved since the video has about 35 views. I've also heard of many people who have had claims cancelled by Nintendo, they just get left there for months on end and eventually get withdrawn.
 
It's not always about money, really. Nintendo is just weird.

I do want to highlight something between your two posts. Your argument in your opening post about fair use is very different than your argument in the latest post about Nintendo letting the claims drop. If you think that Nintendo will let the claim lapse, that's one thing.

But ultimately, fair use is a legal defense, meaning you have to be formally accused of copyright infringement in a court of law first. So, if you're really relying on a fair use argument, then that means you're willing to go to court over the issue -- anything short of that isn't really a determination of fair use -- it just means that the other side (Nintendo, in this case) gave up.
 
Mr_Oujamaflip said:
That's just it, there's literally no money involved since the video has about 35 views.
Click to expand...

If the case makes it to court, however unlikely, the copyright holders not only seek to receive any income earned from their work, but also between "$750 to $30,000 per infringement. If the plaintiff can prove the infringement was willful, the statutory damages may be as high as $150,000 per infringement."

If you believe you're in the right and it you think it is worth the risk...just know that Nintendo has more money and better lawyers than you.
 
Well... I guess I'll see what happens with it. I've disputed the claim anyway and they have 30 days to respond themselves. I won't let it go any further but I am curious to see what happens from there.
 
Mr_Oujamaflip said:
Hello,
I made a video discussing the Breath of the Wild footage and the copyright claim was on there before I'd even published it. A random section of the video is claimed but I'd like some clarification if what I'm doing comes under fair usage. I've cut clips together to match roughly what I'm talking about and the recording and script is entirely made by me, the footage was taken from the E3 treehouse event and cut together as I've said to match what I'm referring to in my script. I think it is fair usage due to the editing as well as the critique I've put over the top of it.
Click to expand...

If you made video where you say your opinion/review/critique of their game and used their footage to show/prove your points within reasonable manners, you are very well within Fair Use and even if Nintendo would be dense as brown dwarf star and sue you they would lose.
 
Nintendo doing some shady things to content creators and that's some people boycott playing Nintendo games because of this
 
Anjim said:
Nintendo doing some shady things to content creators and that's some people boycott playing Nintendo games because of this
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I would definitely recommend Let's Players, music cover artists, etc., think twice about making channels devoted to Nintendo material. Because Nintendo has a known history on these sorts of things. I mean, is it smart? probably not. Nintendo is losing out on free advertising and is alienating their fans. But can they do it? Yeah.
 
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