DMCA Takedown Ruling Means Nothing for Gamers

Channel:

Bryant Chambers Legacy

Subscribers:

13,600

Published on September 22, 2015 2:30:00 PM ● Video Link: https://www.youtube.com/watch?v=KANHak22vjA

Game:

The Last of Us (2013)

Category:

Let's Play

Duration: 7:38

664 views

32

Unfortunately for YouTube Gamers, the US Court of Appeals ruling that Stephanie Lenz's Dancing Baby video constituted fair use means very little, if anything, will change when it comes to how YouTube handle's DMCA Takedown Notices.

Original article - http://gamasutra.com/view/news/253780/Dancing_Baby_DMCA_ruling_means_little_for_YouTubers_say_legal_experts.php

Additional Reading - http://www.gamasutra.com/blogs/MonaIbrahim/20150917/253803/The_Games_Industry_Under_the_New_Lenz_of_Fair_Use.php

Language stating that copyright holders must now "consider fair use" before issuing DMCA takedowns is just as ambiguous as most of the other legal language surrounding fair use. How would a content creator ever be able to prove that a copyright holder did not "consider" fair use before issuing a takedown notice.

This doesn't help gamers really at all. The burden of proving that a work is fair use still lies with the gamer. And it's not easy to prove something is fair use given the ambiguity of the law
surrounding it.

Since it could be particularly difficult for gamers to prove that lets plays are fair use, I still recommend very closely following YouTube's monetization policies regarding
video game footage - https://support.google.com/youtube/answer/138161?hl=en

Further, I still advocate getting permission from copyright holders to upload their game footage in your videos. Here's my playlist teaching you how to do that - https://www.youtube.com/watch?v=x7Vt_e6yF2I&index=54&list=PLzwQfBinnPoqM9fplyPnxy4s0C9USjp02

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