My Defense to Nintendo's Youtube Policy

[marley]

-Ack!- said:

marley said:

That doesn't make any difference in copyright law.  You own the physical item but not the work on the item.  In most cases it is illegal to copy and distribute those works without the creator's approval.  AJ does not own the intellectual property that he is profiting from.

The works in the video are Nintendo's property.  The artwork, story, and music all belong to them.  

Reviewers (IGN) are allowed use of short clips under fair use.      

So does AJ.

Besides he doesn't share that game via torrents, now that is against copyright laws.

Where in your right mind can you find it against copyright laws? Perhaps if I say "It's a me, Mario!" and tape it, Nintendo will sue me for copyright infringement. Because that's what's happening here basically. Random clips from the game and random voices in the backround do not justify this.

Your statement that he owns the IP because he purchased the game is ludicrous.  

Showing 20+ minutes of a game (particularly when monetized) would be extremely difficult to defend as 'fair use' in court, even if it is part of a review.  Why?  Because you don't need to show 20+ minutes of a game to illustrate your criticism.  I don't know about the MP 10 video, or the amount used, because I didn't see it.

Recording  and distributing "It's a me, Mario" in the distinct Mario voice and delivery would almost certainly be considered a copyright violation in court (especially if profit is involved).  - “Substantial similarity” is measured by whether a normal observer would recognize the second work as a copy of (or derived from) the original. For cartoon characters, courts consider not only the visual resemblance but also narrative aspects of a character, such as their personalities, behaviors, biographies, and story lines.

It makes no difference how you feel about it.  It makes no difference if you think it's right or wrong.  It just is.