music games(copyright?)

jakassme

the amv guy
im wondering are music games fair use or no

for example this audiosurf video has the copyrighted music animals and it hasnt been taken down in 8 months


(cant put up video because im poor and dont have 100 yt cash :l)
www(dot)youtube(dot)com/watch?v=drMErKN9gTo
 
It's not fair use and most copyright holders don't want to take down videos and claim them instead. That video is being claimed:

RTSjimD.png
 
simply put, if you don't have the rights from the copyright holders then you run the risk of getting it taken down, or a third party claim that you can not fight because you were not given the rights to record it
 
Fair Use is technically only a defense you can make in a court battle. It won't be long until you start to get ContentID claims from the music in these games and there is nothing transformative about just playing a music game, which means even if you went to court you would still lose.
 
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