My Defense to Nintendo's Youtube Policy

[Mythmaker1]

Nuvendil said:

ToraTiger said:

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.

Good summary.