Let's Play Legal Issues

you kind of rambled on at the end of your statement but basically.


I never stated you could say anything and get away with it but honestly when you think about it, it wouldn't be an over statement but since you want to bring up a huge "overstated" case then let me ask you this do you plan on taking on a multi million dollar company due to copyright issues? and do you think you're going to dish out all the money in legal and court fees? or would you just go through youtube? because fine I will give you the fact that certain things can be used under fair use for educational purposes but gameplay is generally NOT used in fair use since you're using different examples.

not sure how I "pick and chose" things that you didn't imply, because fair use is generally NOT covered with gameplay there are only a few exceptions to this and if it was widely excepted then we wouldn't be seeing so many issues with 3rd party claims and strikes from huge company's because they would know its "under fair use" and it would be pointless to waste their time.
Basically I looked up these two people because I've never heard of them and from I can tell their voice actors and have been on tv shows, but the point is you're kind of going off point with fair use and "freedom of speech" you haven't shown me even one case yet that deals with gameplay related wins just the ray one that uses viral videos for educational purposes and freedom of speech. I mean unless you can explain that then I really have no idea how to explain anything further to you.
We're obviously going to disagree on this, which is fine by me. This will be my last post to you on this matter. By saying "just slap some commentary on it" is implying such, which is exactly what you said the first time you replied to me. You never once specified the exceptions of this commentary (and yes there are exceptions; there always are), so yes you did in a way say that. Again, you pick and chose what you wanted to say. I said it would be an overstatement to tell me that I'm basically incorrect about everything I said, which you made it known as a generalization. It had nothing to do with the commentary bit. And this multi million dollar company that you're talking about? No one said anything about taking someone to court over it. This isn't even about if I'm going to take someone to court on it btw. And personally, I wouldn't let it go that far. If they're willing to sue me over something like that, especially if it is covered by fair use, then I'll gladly take it down because I'd rather not deal with it. This is all on the matter of fair use, though, which you apparently haven't done your research on what fair use is and what is considered/covered by it or you don't care. Gameplay is generally not covered by fair use because of how people use it. They make these gameplay videos and mention nothing about the game whatsoever or they don't say anything at all. Some people, however, do post them just to show how they would beat a level and such, which IS a form of fair use because it's educational. It is widely accepted and it's because they consider it as fair use/promotion that they're still up. They get these claims on their channel because of the music and sounds, in most cases. How is it that you've made let's play videos on your channel about one of South Park's games and you have no idea who they are? It's obvious that you've never seen the show, unless you blindly watch it without knowing who created it. Everyone knows these guys and they know that they're notorious for pushing things, in terms of copyrights and such, to the limit. I'm going off on the point that they're using people's names, brands, etc and they're using them in their show without their permission. This has nothing to do with freedom of speech. If anything, you'd make a better argument that it's covered as a form of parody under fair use, which should some of it is and some of it isn't. I don't have to explain anything to you because everyone else's videos of gameplays are up and are covered by fair use, otherwise everyone's gaming videos would be taken down and people wouldn't be allowed to stream their games on YouTube and Twitch. Even if I did, that doesn't help your case because of those Stick of Truth let's plays on your channel. Stick of Truth is a South Park game. And South Park was created by Trey Parker and Matt Stone. If they were ever taken to court because fair use was no longer accepted towards anything, they would take that game down too, those let's plays that you've done, and everyone else's let's plays of that game. To me, it's hypocritical to say that fair use doesn't cover all of this when you clearly not only make let's play videos, but that you also make let's plays on a game from a show whose characters and everything that is represented on that show is covered by fair use. Because people can say the same things that you're saying about you and your videos. Whether you get permission or not, all of those videos are the same because you're playing a game. It's just a matter of if they want to monetize off your videos, don't see anything worth collecting from you off of it, or just down right take your videos down. I really do agree that you should ask for permission to do those kinds of videos, but the reality is that most everyone who does gameplay videos don't ask for it. With all of this being said, I'm sorry that we don't see eye to eye on this matter, but I do sincerely wish you the best of luck on your channel and I hope you continue to succeed in everything that you do. I don't have any hard feelings on this whatsoever.
 
This is why I love sticking with Indie developers, because they tend to be okay with letting you upload videos of their games with no big deal because they are not making any money on them.

In some cases, like Soma or a game where the Indie developer has them on Steam then check their forums and see if they have posted about their permission status.
 
Fair Use doesn't apply to YouTube. It is a court defense and YouTube is not obligated to comply with it as they are a private platform. They are however obligated to comply with the DMCA.

Further to that, Let's Play as a concept has never been tested in court, let alone specifically been tested under Fair Use doctrine. If that test occurred and it was ruled that Let's Play is Fair Use, then all that would mean is that companies could not succeed in suing you under copyright infringement civil proceedings.

So it is factually incorrect to state that Let's Plays are ok because of Fair Use. They are ok because companies prefer free exposure to bad PR of taking videos down, or at least most of them do (Nintendo).
 
Thanks Tarmack!

True, not so true story... Tarmack took on Nintendo in a Royal Rumble to get a Let's Play approved once... and I mean once...
 
We're obviously going to disagree on this, which is fine by me. This will be my last post to you on this matter. By saying "just slap some commentary on it" is implying such, which is exactly what you said the first time you replied to me. You never once specified the exceptions of this commentary (and yes there are exceptions; there always are), so yes you did in a way say that. Again, you pick and chose what you wanted to say. I said it would be an overstatement to tell me that I'm basically incorrect about everything I said, which you made it known as a generalization. It had nothing to do with the commentary bit. And this multi million dollar company that you're talking about? No one said anything about taking someone to court over it. This isn't even about if I'm going to take someone to court on it btw. And personally, I wouldn't let it go that far. If they're willing to sue me over something like that, especially if it is covered by fair use, then I'll gladly take it down because I'd rather not deal with it. This is all on the matter of fair use, though, which you apparently haven't done your research on what fair use is and what is considered/covered by it or you don't care. Gameplay is generally not covered by fair use because of how people use it. They make these gameplay videos and mention nothing about the game whatsoever or they don't say anything at all. Some people, however, do post them just to show how they would beat a level and such, which IS a form of fair use because it's educational. It is widely accepted and it's because they consider it as fair use/promotion that they're still up. They get these claims on their channel because of the music and sounds, in most cases. How is it that you've made let's play videos on your channel about one of South Park's games and you have no idea who they are? It's obvious that you've never seen the show, unless you blindly watch it without knowing who created it. Everyone knows these guys and they know that they're notorious for pushing things, in terms of copyrights and such, to the limit. I'm going off on the point that they're using people's names, brands, etc and they're using them in their show without their permission. This has nothing to do with freedom of speech. If anything, you'd make a better argument that it's covered as a form of parody under fair use, which should some of it is and some of it isn't. I don't have to explain anything to you because everyone else's videos of gameplays are up and are covered by fair use, otherwise everyone's gaming videos would be taken down and people wouldn't be allowed to stream their games on YouTube and Twitch. Even if I did, that doesn't help your case because of those Stick of Truth let's plays on your channel. Stick of Truth is a South Park game. And South Park was created by Trey Parker and Matt Stone. If they were ever taken to court because fair use was no longer accepted towards anything, they would take that game down too, those let's plays that you've done, and everyone else's let's plays of that game. To me, it's hypocritical to say that fair use doesn't cover all of this when you clearly not only make let's play videos, but that you also make let's plays on a game from a show whose characters and everything that is represented on that show is covered by fair use. Because people can say the same things that you're saying about you and your videos. Whether you get permission or not, all of those videos are the same because you're playing a game. It's just a matter of if they want to monetize off your videos, don't see anything worth collecting from you off of it, or just down right take your videos down. I really do agree that you should ask for permission to do those kinds of videos, but the reality is that most everyone who does gameplay videos don't ask for it. With all of this being said, I'm sorry that we don't see eye to eye on this matter, but I do sincerely wish you the best of luck on your channel and I hope you continue to succeed in everything that you do. I don't have any hard feelings on this whatsoever.
honestly I only went half way down reading this and had to just skim the rest because you completely misunderstood everything that I've been quoting you on, but like you i'm tired of trying to make a point so likewise with the success of your channel.
 
Back
Top