My Defense to Nintendo's Youtube Policy

[Nuvendil]

ToraTiger said:

Mythmaker1 said:

ToraTiger said:

You're showing someone's content, and as such you would have to either a.) Make lets plays without video footage and sound which no one would watch or B.) get approval to use said content.  Only way it would be fair use is if they did not make ad reveune or at least, not pocket it the way that youtubers do.  This is obvious, any one who's taken one law class would know.  Which is why Nintendo will always have the last say in where the profits go and ultimately decides whether or not the video is allowed for that purpose.

So Joe is so not in the wrong, his videos get fairly deleted?  Meaning, end of the day Nintendo has the final say in using their product for money.  Which in a way Joe's videos are a product, since he makes profit from them just like any other product.

Probably going to regret this, but that really is not how it works, at least in the US.

Yes it is.  Every lets play could be taken down if the publisher of the game wanted to, and theres nothing they could do about it.

Nintendo is just being excessively anal, but I agree with alot of what they're doing

Fai Use doctrine doesn't just apply to non-monetized creations.  How do you think literary critics who quote massive sections of creative works make money when they publish their article?  How do you think art critics make money when they publish an article containing pictures of the very paintings they are discussing?  Because Fair Use protects them.  Fair Use doctrine is an important part of copyright law which exists as a check to copyright holder's power to prevent censorship of criticism and discussion.  The only area where not making money helps your case is with works that are arguing for fair use purely on the grounds of being a transformative work.  In other words, fan art.  But even then it has very little bearing.  But commentary, parody, review, critique, discussion, all of these content forms are protected under fair use and are their respective creators' property alone.  The copyright holder has no right to impede them in any way.