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"Fair Use" in Videogame Reviews?

Discussion in 'Copyright, Trademark, Patent Law' started by robbartn, Mar 7, 2009.

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  1. robbartn

    robbartn Law Topic Starter New Member

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    My jurisdiction is: New Hampshire, USA

    If I were to use gameplay footage in a videogame review, would this qualify under fair use? I wouldn't use any more than 3 minutes of in-game footage at a time (the whole review probably being about 3.5-4 minutes in total), however I know this is a gray region in law so I am asking the professionals. I plan on posting these reviews on youtube and I would gain no commercial profit from their creation.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It's difficult to understand what you are doing. You want to post a review of a game you played and paste the video output of the game on YouTube as part of a personal review of gameplay?
     
  3. Strongbadia

    Strongbadia New Member

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    Since this person never replied, I will answer for him. Yes, that is part of what he is doing. It is a fad on You Tube to do this. People post 5-15 minutes of game play sometimes intercut with footage of themselves talking into the camera. Some people review games in a serious fashion while some have a lot of "shtick" to their reviews where there is some humor for gamers. The humor is where they might show a lot of exaggerated frustration, swearing at how bad the game is etc.
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Yep, everyone has their 15 minutes of fame on YouTube, trying to stand out from the crowd for better... and for worse! Thanks for the comment!
     
  5. lolbob

    lolbob New Member

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    I would think it would qualify, but who knows with the DMCA.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It's more traditional copyright law than the DMCA that is at issue, IMHO.
     

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