How does fair use apply to video games?

What is Fair Use? The biggest argument Let’s Play video creators have on their side is the claim that their videos fall under fair use. Fair use is essentially the copying of copyrighted material for limited purposes, such as commenting on, criticizing, or parodying the work.

Does parody count as fair use?

Fair use of a copyrighted work is the reproduction of a work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. A parody is fair use of a copyrighted work when it is a humorous form of social commentary and literary criticism in which one work imitates another.

Are video games under fair use?

For example, you can find a description of fair use and copyright laws in YouTube’s video game and software policy. Additionally, YouTube’s policy states that video game content is allowed as long as it is accompanied by transformative material such as commentary 💬, critique, education, or reaction.

Is a parody a copyright violation?

Under U.S. Copyright Law, a parody can be considered a “derivative” work protected from copyright infringement claims by the fair use doctrine.

What qualifies fair use?

Fair use permits a party to use a copyrighted work without the copyright owner’s permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

How do you determine fair use?

The four factors of fair use:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.
2. The nature of the copyrighted work.
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

How does video game copyright work?

Instead, video games are considered protected by copyright in their parts. The computer code or other fixed medium is considered copyrightable, and the game’s presentation can be copyrighted as a literary work or dramatic work, while elements like character design, art and sound and music can also be copyrighted.

How does a parody work?

By definition, a parody is a comedic commentary about a work, that requires an imitation of the work. For example, an attempted parody of a song that borrows too much of the original composition and lyrics, and as a result sounds too much like the original, is less likely to qualify as a fair use.

What is a parody video?

Parody is making funny videos. To capture funny moments or to perform a funny act, certain video editing skills can be used.

How old is PewDiePie?

32 years (October 24, 1989)
PewDiePie/Age

Does the fair use defense apply to parodies?

The fair use section of the Copyright Act specifically enumerates criticism as one of the purposes for which the fair use defense was contemplated, but should this imply that a parody should have more extensive latitude than other types of creative works when the fair-use defense is invoked?

Is parody a fair use of copyright law?

More accurately, the “fair use defense,” because technically it is a legal defense to having been sued for copyright infringement. Parody is one of those “fair uses.” But not a specifically listed use – or even a clearly referenced use. So much for the basics – now onto the specifics.

What is fair use in video games?

Fair Use in Video Games – Part 1: Fair Use Basics – Geek. Gamer. Lawyer. ‘Fair use’ is generally in reference to copyright law, as fair use in trademark law is much simpler and far more literal.

Can you get sued for parody?

One of those certain circumstances is what is commonly known as “fair use.” More accurately, the “fair use defense,” because technically it is a legal defense to having been sued for copyright infringement. Parody is one of those “fair uses.”