Copywrite infringement and Fair Use

Discussion in 'General Off-Topic Chat' started by DiscostewSM, Sep 29, 2012.

Sep 29, 2012
  1. DiscostewSM
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    Member DiscostewSM GBAtemp Psycho!

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    So, as many of you know, I have been working on recreating Megaman 2 using Petit Computer on the DSi/3DS, and I post my work on Youtube. So far, I haven't had any problems, but recently, I decided to set up monetization for those particular videos. Of the 4 videos I had posted so far, 3 were accepted. 1 of them was not due to "not having sufficient information regarding your commercial use rights."

    Now, the fact that I am recreating Megaman 2, which is a copywritten work of Capcom, may be enough to prevent me from setting up monetization (and probably should have prevented me from posting those videos in the first place) as it looks and sounds like the original, I was also looking under the Fair Use law that permits limited use of a copywritten work without requiring permission so long as it is an example of commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. Of these, I can only think of research and teaching to be proper examples because 1) I don't know how the original game worked, so by observation, I am recreating it from scratch and learning from it, and 2) the source code that is made is being distributed freely so others may see how it is done and learn that way.

    Is there anything else I need to know before I decide one way or the other on how to proceed, or do I simply have (or not have) the right under Fair Use to continue this with Youtube?
     
  2. jargus

    Member jargus GBAtemp Advanced Fan

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    It is your original work. It should be monmetized. Youtube is notorious for being very picky in monetizing gaming videos for nonpartners, even if fair use is apparent. Show one of your videos and I might be able to give a more detailed answer
     
  3. DiscostewSM
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    Member DiscostewSM GBAtemp Psycho!

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    This is the video in conflict

    [yt]HcKYeHqlpNg[/yt]

    The other 3 are very similar (with only the most recent also having audio like this one). Everything is being recreated, even down to the tilesets and music.
     
  4. ouch123

    Member ouch123 GBAtemp Fan

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    I think for research, you would have to be strictly analyzing the work, whereas here you are actually taking assets from the original and creating a derivative work. As for teaching... it can be a bit tricky. Even university professors are unable to reproduce copyrighted works under common conditions (i.e they, in general, aren't allowed to post PDF's of textbooks online, despite that the availability of such textbooks would be purely for educational purposes). Here's a quote you may find interesting (Italics emphasis added):

    Link to source.
    Relevant link.
     
  5. jargus

    Member jargus GBAtemp Advanced Fan

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    Moneitzing gaming videos on youtube is usually hit or miss unless you partnered through network. Adding some from of commentary even as text greatly increases chances of being accepted. If you are going to submit a request to monetize again, I would suggest adding that it is something you are creating yourself and informative as you are showing the development process. If that doesn't and you still want to monetize, I receommend taking the video down and adding some form of cocommentary to complement the footage.
     
  6. DiscostewSM
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    Member DiscostewSM GBAtemp Psycho!

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    Thanks for the information. I'll see what I can do about this.
     

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