Copyright Fair Use and Let's Plays/Walkthroughs on YouTube
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October 14th, 2010, 05:16 PM
Join Date: Jun 2009
Originally Posted by
Actually, it's somewhat in the fine print. In order for gcpm11 to have gotten the stolen work, he would've had to have ripped it off the internet somewhere. Most of these websites these days have it written in the terms of agreement or even a copyright notice down at the bottom of the site stating that "All work is copyright @ the original uploader."
It doesn't require some big, fancy certificate and money put down on the work in order to have it a under the copyright terms.
"But GCPM11 uploaded it, therefore it's his now."
No, he stole it. If the artist finds it, they will take it down one way of another.
These are the rules and giancarlo should be sure to abide by them.
As for LPs being outlawed:
There are tons of people posting LPs being posted all over YouTube these days. Some of the people get paid to make the videos under youtube's partnership program. I'm positive it has nothing to do with the fact that it's a LP video. However, it MAY have something to do with the fact that it's Black/White and it hasn't been released in America yet.
Much like how Nintendo had Serebii take down it's images of Black/White for awhile. As a matter of fact, a lot of Black/White stuff has been removed from Youtube here lately.
It's generally a good idea to stay away from posting newer released games for awhile. Only until it's worldwide, or you have the right permission.
But he's actually playing the game on a DS, not on an emulator, and he lives in the United States. That means that he must have had access to vendors that sell the games in the United States, in which I'm assuming they are doing so legally.
It's not just me sticking up for Gian though, I feel that all us LPers are at risk. YouTube's legal practices are unethical and they need to be sued, imo. Gian does commentary on his LPs, which, from my understanding of the law, falls under the protection of the Fair Use Act. He is using the copyrighted work for the purposes of criticism and review.
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