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It is easy to imagine a world where all game content, no matter how derivative, was not allowed to be used without the explicit permission of companies. Do you

by shawn 8y ago

It is easy to imagine a world where all game content, no matter how derivative, was not allowed to be used without the explicit permission of companies. Do you think that you'd be better off in that world? One where Let's Plays are banned, and that storytelling through videogames is not allowed? It's easy to scoff and say that's ridiculous, but from my point of view, that's exactly the world we live in right now. We could be making so much more than we are. People just aren't allowed to. I bring up this example a lot, but Disney built their empire partly by taking Alice in Wonderland and copying it wholesale. And what was lost? Nothing. Society gained by letting Disney do that. This same freedom should be extended to all of us.

bdowling 8y ago
You seem concerned about two issues: fair use and copyright term. Fair use is complicated and open to a lot of disagreement. Copyright term is more straightforward. I'll consider both in light of your examples. Fair use is complicated because there's no hard and fast rule, just a set of factors that a court would consider and a few important court decisions to compare your facts to. Let's Plays are further complicated because some are probably fair use, but others probably aren't. An entertaining live commentary of part of a game would probably be fair use because it's like an excerpt included in a scholarly critique or literary review that is traditionally considered fair use. However, where the entire story of the game is included with all the dialogue and cutscenes, basically eliminating the need for someone to actually play the game, it starts to look more like an unlicensed copy of a movie, which isn't considered fair use. Copyright term has a simple rule, it is finite. Alice's Adventures in Wonderland was published in 1865. When Disney released its animated film in 1951, 86 years later and 53 years after Lewis Carroll's death, the copyright term was over and Disney could make its movie without paying his estate anything. Today, the term in the U.S. is usually the life of the author plus 70 years, which wouldn't increase the term for Alice by very much. Also, Disney isn't special. The same freedom is extended to all of us. Any of us can make an Alice in Wonderland movie. We can use everything that came from Lewis Carroll in 1865, we just can't take what Disney added in 1951.
- jsgo 8y ago
  Disney has lobbied for increased copyright durations. In fact, by what you are saying (life, remaining I assume, plus 70 years), Disney couldn’t do anything with Alice until 1968 which would be 2 years after his own death. I’m all for company’s right to protect copyright under the terms in which copyright was originally extended, but Disney is a big fan of moving the goal posts further out.
SmellyGeekBoy 8y ago
I think there's a big difference between hosting someone's ROMs making them publicly available and recording yourself playing a game and providing commentary. Copyright law recognises this difference, too.
dleslie 8y ago
Disney copied the concept and characters; the work was otherwise new. New footage, new acting, new sets, new ... I find that decidedly different than a mix of grunts, breaths and comments over a video of someone playing through the entire experience. You can make whatever _new_ works you like, with reasonable limits to protect the consent and safety of others. Go forth and be creative, _it's never been easier to do so_.

by shawn 8y ago

bdowling 8y ago

You seem concerned about two issues: fair use and copyright term. Fair use is complicated and open to a lot of disagreement. Copyright term is more straightforward. I'll consider both in light of your examples. Fair use is complicated because there's no hard and fast rule, just a set of factors that a court would consider and a few important court decisions to compare your facts to. Let's Plays are further complicated because some are probably fair use, but others probably aren't. An entertaining live commentary of part of a game would probably be fair use because it's like an excerpt included in a scholarly critique or literary review that is traditionally considered fair use. However, where the entire story of the game is included with all the dialogue and cutscenes, basically eliminating the need for someone to actually play the game, it starts to look more like an unlicensed copy of a movie, which isn't considered fair use. Copyright term has a simple rule, it is finite. Alice's Adventures in Wonderland was published in 1865. When Disney released its animated film in 1951, 86 years later and 53 years after Lewis Carroll's death, the copyright term was over and Disney could make its movie without paying his estate anything. Today, the term in the U.S. is usually the life of the author plus 70 years, which wouldn't increase the term for Alice by very much. Also, Disney isn't special. The same freedom is extended to all of us. Any of us can make an Alice in Wonderland movie. We can use everything that came from Lewis Carroll in 1865, we just can't take what Disney added in 1951.

jsgo 8y ago
Disney has lobbied for increased copyright durations. In fact, by what you are saying (life, remaining I assume, plus 70 years), Disney couldn’t do anything with Alice until 1968 which would be 2 years after his own death. I’m all for company’s right to protect copyright under the terms in which copyright was originally extended, but Disney is a big fan of moving the goal posts further out.

SmellyGeekBoy 8y ago

I think there's a big difference between hosting someone's ROMs making them publicly available and recording yourself playing a game and providing commentary. Copyright law recognises this difference, too.

dleslie 8y ago

Disney copied the concept and characters; the work was otherwise new. New footage, new acting, new sets, new ... I find that decidedly different than a mix of grunts, breaths and comments over a video of someone playing through the entire experience. You can make whatever _new_ works you like, with reasonable limits to protect the consent and safety of others. Go forth and be creative, _it's never been easier to do so_.