Game Videos and Copyright Violation

Discussion in 'Indie Business' started by Spaiz, Apr 7, 2008.

  1. Spaiz

    Original Member

    Joined:
    Mar 30, 2006
    Messages:
    267
    Likes Received:
    0
    Say if I decide to make a video trailer of a some developers's game by myself and then publish it on site/youtube, can it be treated as copyright violation? What do you think?
     
  2. Nexic

    Indie Author

    Joined:
    Nov 5, 2004
    Messages:
    2,438
    Likes Received:
    0
    Fair use I think. Same deal as showing screenshots on a news site etc
     
  3. Applewood

    Moderator Original Member Indie Author

    Joined:
    Jul 29, 2004
    Messages:
    3,859
    Likes Received:
    2
    Although IANAL, I'm pretty sure that this is fine as long as you don't try and pass it off as your own work.

    But, despite NBAL I'm pretty dammed certain that no author in his right mind would sue you for giving him or his creation free publicity.
     
  4. GBGames

    Indie Author

    Joined:
    Jul 27, 2004
    Messages:
    1,255
    Likes Received:
    0
    Yes, it is a copyright violation. Fair use is something you need to prove in court before it can be considered precedent.

    That said, while I agree with Applewood, there are those companies out there who feel a need to protect their brand from unauthorized publicity. George Lucas seems unwilling to let some people use Star Wars in some instances and looks the other way in others. I believe it was Viacom who sent YouTube letters saying that hundreds of videos were violating their copyright...even when those videos didn't. It's shoot letters out there first, ask questions later.

    So if you're going to make a trailer as a fun project based on another work, and you don't think you're doing anything wrong (like misleading people into thinking it is really something else), go ahead and make the fan-film. Worst case? A cease-and-desist letter will arrive, and you have to take it down. It is not likely that someone will be willing to go through the hassle and expense of a lawsuit unless you show a willful disregard for their rights.
     
  5. Mark Sheeky

    Indie Author

    Joined:
    Aug 7, 2004
    Messages:
    448
    Likes Received:
    0
    Most indie developers would probably welcome the publicity. Simply ask for permission in writing. Note that Fair Use doesn't exist in Britain and generally the copyright laws are more restrictive than in the U.S.

    Mark
     
  6. Obscure

    Indie Author

    Joined:
    Jul 27, 2004
    Messages:
    228
    Likes Received:
    0
    It depends entirely on why you are making/publishing these videos. If it is some sort of game review podcast then it would come under Fair Use but other uses might count as copyright infringement.
     
  7. Escapee

    Original Member

    Joined:
    Jun 8, 2005
    Messages:
    740
    Likes Received:
    0
    I have thought about doing the same thing to boost the affiliate marketing, but then was put off by concern on copyright and also time constraint ( i have already maxed out my working time ).

    I agree with Obscure that game review would come under fair use.
     

Share This Page

  • About Indie Gamer

    When the original Dexterity Forums closed in 2004, Indie Gamer was born and a diverse community has grown out of a passion for creating great games. Here you will find over 10 years of in-depth discussion on game design, the business of game development, and marketing/sales. Indie Gamer also provides a friendly place to meet up with other Developers, Artists, Composers and Writers.
  • Buy us a beer!

    Indie Gamer is delicately held together by a single poor bastard who thankfully gets help from various community volunteers. If you frequent this site or have found value in something you've learned here, help keep the site running by donating a few dollars (for beer of course)!

    Sure, I'll Buy You a Beer