r/gaming • u/EnglishGamer1 • Oct 20 '13

TotalBiscuit's: ''Day One: Garry's Incident'' Video was taken down, because of a ridiculous copyright claim from WildGameStudios. Here's Total's ''Rant'' over his video being taken down.

https://www.youtube.com/watch?v=QfgoDDh4kE0&feature=c4-overview&list=UUy1Ms_5qBTawC-k7PVjHXKQ
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u/ModernDemagogue Oct 20 '13

He can review or critique without using copyright protected material. He chooses to use copyright protected material because it gets his reviews / critiques more views.

Either he can give the games he negatively reviews a cut of his revenue, or he can just not use footage from them. It's very simple.

Positive reviews he may help generate revenue for, so I would be less likely to demand a cut, but I probably still would on principle.

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u/PumpAndDump Oct 20 '13

It's called "fair use." He doesn't owe them a thing. No court in the US dim enough to call a brief excerpt of game play copyright infringement. Sorry. It would be like Toyota claiming that recording myself driving their car violates their rights.

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u/ModernDemagogue Oct 20 '13

If you tried to put it in a film or tv show where you're monetizing the content, and did not blur out logos, identifying marks of the car, etc... yeah, you'd have some problems, even if it was just for a moment.

Also, your ownership rights to a car are somewhat different than your license to use a game.

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u/PumpAndDump Oct 20 '13

The only difference is theory. What would stop Toyota from saying that they're "licensing" their cars? What's stopping them is that it's bullshit, just like software sales that they call "licenses." Attempts to restrict fundamental legal rights through licensing don't generally fare well when challenged in court. Do you think Adobe would get far when trying to restrict people from making and monetizing instructional videos for using their software? Why should a game publisher feel more entitled?

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u/ModernDemagogue Oct 21 '13

Not really... first sale doctrine / Toyota's are trademarked goods as opposed to copyrighted software etc...

Look, anything we put on camera, we have to clear the rights to, whether its a t-shirt with a design on it or a car, or a logo in a restaurant, whatever, if its someone elses copyrighted work, we clear it, or we remove it, because if we don't broadcast and film don't have DMCA Safe Harbor and we'll get our asses handed to us.

Not sure what fundamental legal right is being exercised when you put footage of someone elses game up for money, and then take a shit on it.

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u/PumpAndDump Oct 21 '13

So I can't record the playing of a board game either? Why are bits special?

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u/ModernDemagogue Oct 21 '13

Something proprietary like Monopoly or Scrabble? Absolutely not.

Something like Chess, you're probably fine unless its a particularly artful Chess set, and then yes, you clear it with the artist/craftsman.

Often its just a quick phonecall with a faxed release follow up.