Old 01-18-2018, 06:39 AM   #1
Hayzeusky
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Default How much does fair use cover?

Well I uploaded a replay from osu (mania) and It got claimed the the rightful owners of the song that was used in the video. Obviously I know for a fact that osu and games like it that don't produce original content do not fall under fair use, but it made me wonder at what point is does transformative stop and infringement begin. It seems like such a grey area and maybe someone here is more "Versed?" in law. (Also for a note to people wondering the video is muted. I'm not dumb enough to dispute something that's right.) (Side Side note i'm about to fall asleep so if anyone comments I won't be seeing it for like 6-8 hours lol)
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Old 01-18-2018, 07:19 AM   #2
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Default Re: How much does fair use cover?

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Originally Posted by Hayzeusky View Post
Well I uploaded a replay from osu (mania) and It got claimed the the rightful owners of the song that was used in the video. Obviously I know for a fact that osu and games like it that don't produce original content do not fall under fair use, but it made me wonder at what point is does transformative stop and infringement begin. It seems like such a grey area and maybe someone here is more "Versed?" in law. (Also for a note to people wondering the video is muted. I'm not dumb enough to dispute something that's right.) (Side Side note i'm about to fall asleep so if anyone comments I won't be seeing it for like 6-8 hours lol)
There is an argument to be made over if gaming content should fall into a fair use category.

Say I take a song, and cut it from 3:50 down to say 1:30 to chart it. I then take said chart and create a video that showcases my work, and then I commentate a play through of it. The commentary covers both the song's strong points, and weak points, and how the chart reflects the music through that. Maybe you also showcase specific parts of the song you though you charted really well.

Congrats, you've arguably taken a large thing, and transformed it into it's own unique content, which doesn't touch on the original product, in this case, it takes the song and not only shortens it, but it also makes it so you can't say steal the mp3 by ripping the video because of the talking, and the sounds of you playing the game should you choose to leave them in.

It's no different than clipping a movie down to sections, and commenting over it.

Ergo, a properly made osu video in this style could be argued to be fair use. Not gonna say it is for sure, but there's at least a legal argument to be made at that point.

(I'm not versed in law, but this is based off seeing videos from say h3h3 and jim sterling, along with a person with a law degree discuss the h3h3 lawsuit which is a good example that sets some great legal precedent.)

The idea of fair use it to protect either critique and analysis, parody, or to allow someone to take a work and make another derivative non-invasive work out of it. It becomes infringement when you're using bad motives, or when you haven't taken the steps to make it your own.
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Old 01-18-2018, 11:12 AM   #3
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Default Re: How much does fair use cover?

The problem being, fair use in practical law falls far in favor of the copyright holder. It may be changing recently, but not that long ago fair use only protected video game commentaries from discriminatory copyright claims, and nothing more.
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Old 01-18-2018, 01:28 PM   #4
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Default Re: How much does fair use cover?

I like youtube because it takes down any copyrighted videos immediately, instead of making a big deal out of it and banning me.
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Old 01-18-2018, 04:29 PM   #5
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Default Re: How much does fair use cover?

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The problem being, fair use in practical law falls far in favor of the copyright holder. It may be changing recently, but not that long ago fair use only protected video game commentaries from discriminatory copyright claims, and nothing more.
Legally still does as far as I'm aware.

No one's gone to court about it yet. That's specifically why that first sentence is in my post, "There is an argument to be made over if gaming content should fall into a fair use category."
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Old 01-18-2018, 04:37 PM   #6
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Default Re: How much does fair use cover?

Mountains out of mole hills really; unless you're blatantly taking content, putting it out as your own and making money from it I can't see the point of a lawsuit. An artist wouldn't bother wasting their time and money with a lawsuit unless their pocketbooks are suffering and they can pin down who is causing it.
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Old 01-18-2018, 05:10 PM   #7
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Default Re: How much does fair use cover?

Only 10 seconds is permitted for copyrighted music under fair use.
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Old 01-18-2018, 05:27 PM   #8
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Default Re: How much does fair use cover?

As far as I know, nobody really knows about the actual legality of it since (as far as I know), there hasn't been any actual lawsuits that were carried out and ruled by a judge (so we really don't have any precedent on these kind of issues).
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Old 01-18-2018, 06:34 PM   #9
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Default Re: How much does fair use cover?

Oh. So until there is an actual court case on this subject, it's just ideas on what fair use covers and not solid fact. Oh well.
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Old 01-18-2018, 06:41 PM   #10
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1: A pirate that wears enough blingbling will get the treasure; esp. on international waters.
2: On larger scale stuff, for instance a lot of copyrights, just chill stay cool.
3: And from the other perspective, if someone is using your media, it's the internet what do you expect? Remember that charges pressed against one must be pressed against all others that do the same, which becomes chaotic quickly. Pretty much love what you do, do what you love and if someone's making a guap from your artwork, address them personally.

That's what you made it for right. For others to enjoy. Watch as the fruits of your labor are eaten.
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Stay cool big guy, we know who did the work.

The scales of justice are frozen to order by the double-edged sword of equality, in which all minor offenses are prosecuted in the same manner. To expect a society of perfect carbon copies is ultimately naive, and these blatant facts are the rise, life and downfall of vigilanteism in society.
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