Copyright Fair Use and Let's Plays/Walkthroughs on YouTube

[FreakyLocz14]

I'm subscribed to giancarloparimango11 on YouTube and I went to see if he posted any new videos lately, and I got this message:

"giancarloparimango11 has been terminated because we repeatedly received third-party claims of copyright infringement regarding material the user posted."

Now I'm guessing the copyrighted material at question is the video games displayed in his walkthroughs. Under my understanding of the Fair Use Act, it is not copyright infringement to display a copyrighted work for purposes of review, education, parody, criticism, and such.

What are you thoughts on Let's Plays/Walkthroughs and Fair Use?

[Igiko]

As long as there's credit disclaimer, I don't see a problem.
He was probably getting reported by little 10 year olds who are just learning about plagiarism. Silly children.

[Surmonter]

Originally Posted by Igiko

As long as there's credit disclaimer, I don't see a problem.
He was probably getting reported by little 10 year olds who are just learning about plagiarism. Silly children.

On Youtube they made it so you can't claim copyright infringement unless you have proof that you are the original owner/creator/etc.

This is fairly new though, because what you said happened all the time and Youtube would unthoughtful act on them, without proof. People used it as a way to get people they don't like in trouble. And it is very hard to get the flags reversed. :(

But usually, a credit disclaimer is good enough for Youtube when it comes to games. If he used any music from any other person in his video, he wouldn't be able to upload it, even if he had a credit disclaimer. You have to have written permission from the original artist.

Copyright laws are confusing and contradictory. :(

[Igiko]

Originally Posted by Surmonter

On Youtube they made it so you can't claim copyright infringement unless you have proof that you are the original owner/creator/etc.

I know that, I was giving my opinion on it xD;

But yeah, it's unfair. Especially since it limits the kinds of things you can even do on youtube 9_9

[Super Ultra Mega Charizard]

I know why it is.
http://www.youtube.com/watch?v=UHaHJsH7rEA

[Kholdy]

The vid above looks fake to me, I doubt that kinda stuff would work.
Anyway, I didn't really know the guy you're talking about. Did he use his own music in his vids? If yes, there's the possibility that WMG got him - they're really, really strict about copyright. My favourite LP'er, Chainfire9001, had quite a few vids muted just seconds after he posted them, because he used a song copyrighted by WMG, and I've heard of people getting suspended for the same reason.

[Surmonter]

Originally Posted by Igiko

I know that, I was giving my opinion on it xD;

But yeah, it's unfair. Especially since it limits the kinds of things you can even do on youtube 9_9

If you read the second thing I said, you would have seen I was agreeing with you.

Originally Posted by FreakyLocz14

I seriously believe that this is a result of trolling.

Okay then..

To actually be on subject, Youtube copyright laws go farther than the actual law says to. Youtube has been known to take down videos for public use, claiming it's illegal. Stuff like that.

That video is also fake. You can tell by the person's voice that they're making it all up as they go, and that account freezer software is just malware. It does nothing but damage your own computer.

[Akeraz]

GCPM11 has been known to steal content in the past.

As far as music goes, YouTube technically can't do anything unless the full song is posted. And posting non-profit videogame footage isn't against the law or against Youtube's T&C.

[FreakyLocz14]

Originally Posted by Surmonter

If you read the second thing I said, you would have seen I was agreeing with you.

Okay then..

To actually be on subject, Youtube copyright laws go farther than the actual law says to. Youtube has been known to take down videos for public use, claiming it's illegal. Stuff like that.

That video is also fake. You can tell by the person's voice that they're making it all up as they go, and that account freezer software is just malware. It does nothing but damage your own computer.

If YouTube is making up their own laws, then someone needs to sue them for legal malpractice.

Originally Posted by Akeraz

GCPM11 has been known to steal content in the past.

As far as music goes, YouTube technically can't do anything unless the full song is posted. And posting non-profit videogame footage isn't against the law or against Youtube's T&C.

Examples of past theft of content, please?

And technically, YouTube can take content off their own site for any reason they see fit. They just can't go around citing false legal doctrines as their justification.

[Cello]

Originally Posted by FreakyLocz14

Examples of past theft of content, please?

He has consistently used other people's remixed pokemon music in his news updates. He was also banned once before for "his" HG/SS video intros.

I enjoy GCPM11's videos, but he is pretty stupid when it comes to the rules.

[AceDragonite]

He's stolen music from a youtube composer I know.

[FreakyLocz14]

Yes, but unless those people have had their work copyrighted, he hasn't broken any laws.

I remember him being suspended before, but his account was restored. He does have a back-up account, but I still never have trusted YouTube's legal practices. I might sue them one day after I get out of law school.

But back on topic, the only thing I've seen him uploading lately was his B&W walkthroughs. So... I guess LPs are copyright infringement now?

[Cello]

Originally Posted by FreakyLocz14

Yes, but unless those people have had their work copyrighted, he hasn't broken any laws.

I remember him being suspended before, but his account was restored. He does have a back-up account, but I still never have trusted YouTube's legal practices. I might sue them one day after I get out of law school.

But back on topic, the only thing I've seen him uploading lately was his B&W walkthroughs. So... I guess LPs are copyright infringement now?

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.

[FreakyLocz14]

Originally Posted by Cello

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.

[Surmonter]

Originally Posted by FreakyLocz14

If YouTube is making up their own laws, then someone needs to sue them for legal malpractice.



Examples of past theft of content, please?

And technically, YouTube can take content off their own site for any reason they see fit. They just can't go around citing false legal doctrines as their justification.

They're a website, they're allowed to make their own rules. Just like how PC can.

Although, I do think what they're doing is a bit extreme, to the point where it's barely comparable to making just normal rules.

And I agree, Youtube can take any video off they want. It's their website. If they feel the video should be gone because of LOLTHIS then LOLTHIS is a good enough reason, legally speaking.

[FreakyLocz14]

Originally Posted by Surmonter

They're a website, they're allowed to make their own rules. Just like how PC can.

Although, I do think what they're doing is a bit extreme, to the point where it's barely comparable to making just normal rules.

And I agree, Youtube can take any video off they want. It's their website. If they feel the video should be gone because of LOLTHIS then LOLTHIS is a good enough reason, legally speaking.

Giving false or misleading legal information is illegal in may jurisdictions. They're claiming to enforce laws, not site rules. There is a difference.

[Kenpokid]

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.

In that, you are correct, as there are several others who are LPing Pokemon Black or White, and there's a link to purchase it right on the PC homepage.

[Thorns]

Originally Posted by FreakyLocz14

Examples of past theft of content, please?

Let's see what GCPM11 has done:

-He uses music belonging to PokeRemixStudios and other remixers for his updates and never gave any of them credit.

-He stole an animation from FlexCut for some of his Pokemon Black/White Updates

- He practically stole content from Shogakukan and TVTokyo. Rather you like it or not, content that belongs to theirs is a definite no-no.

- He stole images from PLDH.net and didn't give credit.

- He has made numerous "hate" videos on several users, but doe stake them down after a certain amount of time. Even still, these videos shouldn't be made at all.

So yeah, those are the reasons.

And just to let you know, I did flag him (And probably others) for all those reasons and it's why he's terminated. Because he violated copyrights.

But for everyone else that DOESN'T fall in this category, like Chuggaaconoy, yes I do think it's wrong since you practically get the right to post the L.P when you buy the game.

[FreakyLocz14]

Originally Posted by Kenpokid

In that, you are correct, as there are several others who are LPing Pokemon Black or White, and there's a link to purchase it right on the PC homepage.

I know. I'm sure PC wouldn't link to an illegal vendor.

[SBaby]

The reason people seem to get alot of videos removed is because not everyone knows that they can file a counter claim. Often, these copyright claims are false, but youtube takes the videos down anyway. An example is a user/company called SanomaNL. Who are these guys? Well, try uploading an LP of Ratchet & Clank: A Crack in Time, and see how fast your videos get removed because this third party reviewing site claims ownership of some of the material. Obviously, they aren't the rightful owners. Insomniac Games is, and they've actually come out and said that SanomaNL has been filing false claims, right on their official site. Reviewing or even Let's Playing video games falls under the 'posting videos with commentary' category, which is indeed protected by the Fair Use Act.

So why does youtube still take down the videos whenever this user files a claim, even though it's publicly known that they don't own the material? Why don't they verify it instead? Well, because they don't have to. All they have to do is check to see if the person filing the claim is actually who they say they are. They don't check to see if the video really is violating a copyright. They don't check to see if the user in question uploaded the video first on that account or any other alternate account they have. It would take them years to do that with all the claims they get each day. They just take it down.

So what do you do? Well, if something like this happens to any of you, the best thing to do is file a counter claim. Youtube has to answer all counter claims (in fact, I think they have to do it by law), and as long as it isn't the actual company in question filing the DMCA claim, you should be able to get your videos back on the site in a couple weeks once youtube realizes there's commentary in them. And once you file the claim, that user is flagged on your profile and youtube usually won't remove any more of your videos because of them.

Furthermore, they file these claims under penalty of perjury (as stated on the claim form). So when you file the counter claim, mention it, because perjury is a federal crime and there might be legal action against these guys because of it. They file these claims often times just to spite someone on youtube, and most of the time, they get away with it, because people just don't realize that there are things they can do about it.

[560cool.]

Well, the gian wars have been around since the HGSS days when he started the coverage.

First, many other updaters started Flagging and Disliking him. Mostly because he "stole" their subscribers. Many people kept saying he was stupid, he lied (he did lie about that Hoenn map, and he had some Dusk Gold and Dawn Silver fakes) and that he was infirging Nintendo.
When he got totally banned off YouTube, he made another account. Accounts fell, day and night and one day he stood up and said "That's it, I'm done.". He had a hiatus, and he came back for BW. Now he's making the walkthrough (which I think is finished).

I hate anti gianers. They think they're the best for standing up to "God". No they're just stupid. I am glad most of them stopped the wars, and gian can finally make some coverage :-D I am a fan of him myself.

[Mew~]

Ive actually seen alot of what he's done, its really a bit stupid too!
- Before HG/SS came out he uploaded fake screens for games called "Dawn and dusk Silver and gold"
- Whilst HG/SS were confirmed ect, he found fake corocoro images on Deviantart and took pictures of them on a phone, then uploaed it to youtube and pretended they were "Leaked" - well, I can't back up if he took the images though, he claimed he was send them in a message - these things included, Hoenn region, fake cynthia battle's etc...
- He stole videos from other uploaders like HG/SS demos etc, removed their watermakes and somtimes even but his own logo over their watermarks (yet you could still see under it writing under)
- Stolen music created by others
- Started wars with other competitive reporters, the list goes on...

Even serebii's webmaster has stated he doesn't like the fake stuff he posts!

To be honest I find the whole thing stupid, it's just youtube and people should know if something is fake once they see it!

Gian- sorry, John is just an avaerage teenager who posts videos on youtube, not everything he posts will be true!
____________________________________________________________
On topic, I think the wholse copyright thing can be very annoying, since ive had alot of my videos deleted in the past aswell!~
But considering playthroughs, I don't think they should be deleted, if you legally brought the game with money they you have the right to play it, even other people watch you xD

[FreakyLocz14]

Well, apparently YouTube is cracking down on LPers now. I think we should all be cautious.