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This is my favourite topic
Posted January 20, 2012
Hello, i realy want to buy LBA and LBA2 this weekend but there still a question in my mind: If i record a gameplay and upload on YouTube, is copyright allowed to delete my video or is it just like Minecraft? (Minecraft's website is saying "Once you've bought the game, it's yours. No DRM")
This question / problem has been solved by orcishgamerimage
Posted January 20, 2012
Honestly, that's incredibly complicated. Theoretically that really ought to be fair use, but in practice the companies often times file take down notices anyways.

Ultimately you'd have to ask the publisher if they're going to file a takedown notice.

That being said, I doubt very much that anybody is going to bother to do that over games of that vintage.
Posted January 20, 2012
It's fair use. No question. You're fine.
Posted January 20, 2012
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lestatgss: (Minecraft's website is saying "Once you've bought the game, it's yours. No DRM")
It's DRM free but it's not public domain they still own the copyright so it's still a nono to break it
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TheJoe: It's fair use. No question. You're fine.
You live in the UK your screwed if you claim this TheJoe remember we have no fair use provision, even media shifting is illegal here.
Post edited January 20, 2012 by wodmarach
Posted January 20, 2012
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lestatgss: (Minecraft's website is saying "Once you've bought the game, it's yours. No DRM")
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wodmarach: It's DRM free but it's not public domain they still own the copyright so it's still a nono to break it
I think your confused, the OP was wanting to know about posting gameplay footage online, not posting copies of the games for pirates.

But, yes, breaking the DRM if there were any would still be a violation pretty much everywhere.
Posted January 20, 2012
you don't really own games on GoG anyway, just like you never own software unless specifically stated. you're not allowed to reverse engineer the games and profit from that, for example.

i don't see a problem with uploading videos, though. friggin' YouTube is bursting with Let's Play clips...
Post edited January 20, 2012 by Fred_DM
Posted January 20, 2012
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TheJoe: It's fair use. No question. You're fine.
Legally I agree with you, but what hedwards said probably reflects the reality a bit more closely.
Posted January 20, 2012
It's anybody's guess what the law is in Brazil; I know that GOG.com doesn't particularly mind if you upload a Let's Play, but the rightsholder might.

As hedwards says, "It's complicated."
Posted January 20, 2012
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hedwards: I think your confused, the OP was wanting to know about posting gameplay footage online, not posting copies of the games for pirates.

But, yes, breaking the DRM if there were any would still be a violation pretty much everywhere.
He seemed to assume because its DRM free it's ok to violate copyright from the way his question was written "is copyright allowed to delete my video or is it just like Minecraft?" that kinda hints he thinks that theres no copyright on minecraft
Posted January 20, 2012
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hedwards: I think your confused, the OP was wanting to know about posting gameplay footage online, not posting copies of the games for pirates.

But, yes, breaking the DRM if there were any would still be a violation pretty much everywhere.
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wodmarach: He seemed to assume because its DRM free it's ok to violate copyright from the way his question was written "is copyright allowed to delete my video or is it just like Minecraft?" that kinda hints he thinks that theres no copyright on minecraft
I'm trying to figure out how to explain this... this is really how most of the world sees it. If you tell them they "own" it they're going to think this type of thing is okay. And really, 99.9% of the time it probably is, or should be. I never see anyone sell tickets and project their latest DVD hit from Walmart onto a wall.

People don't "get" copyright. They do get the idea "Don't you think artists should get something for their hard work" because hard work is something everyone understands, well, nearly everyone. But they don't get copyright.

EDIT: And when you think about it, it's fairly nuts that you're trying to convince people that you sold them a sandbox (aka video game) to play in and they're somehow not entitled to show the world the sandcastle they made (aka the experience they created in the video game).
Post edited January 20, 2012 by orcishgamer
Posted January 20, 2012
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lestatgss: Hello, i realy want to buy LBA and LBA2 this weekend but there still a question in my mind: If i record a gameplay and upload on YouTube, is copyright allowed to delete my video or is it just like Minecraft? (Minecraft's website is saying "Once you've bought the game, it's yours. No DRM")
In theory yes, they can claim that you do something illegal. In practice this is rarely the case though. You can claim fair use, and many game companies actually want you to give their games more exposure. People post gameplay videos on Youtube all the time, and what usually creates takedown orders is when they also include audio tracks from other sources. Some people even post entire playthroughs of games.
Posted January 20, 2012
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TheEnigmaticT: It's anybody's guess what the law is in Brazil; I know that GOG.com doesn't particularly mind if you upload a Let's Play, but the rightsholder might.

As hedwards says, "It's complicated."
Most likely since Youtube is owned by an American company it would be American law, however since he's in Brazil there could also be Brazilian restrictions that apply. And even under American law I'm not sure that this is completely settled either. And it's hardly unprecedented for corporations in the US to claim materials are infringing on their IP that don't even belong to them.

In practice though, any publisher worth buying from is going to consider those videos to be good for PR. Or at least for games that I'd want to play. Best practice as always is to try and ask for permission ahead of time if possible. Better yet ask for them to put a public statement on their website about it if possible.
Posted January 20, 2012
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hedwards: Better yet ask for them to put a public statement on their website about it if possible.
Has anyone actually made such a statement? If so, I might just think a lot more of said publisher.
Posted January 20, 2012
You should be fine simply because most companies ignore or tolerate Let's Plays simply because it's usually good PR. The worst that can happen is your video is removed, but even then I think that's a highly unlikely scenario considering the age of the game and the fact that your video would probably drum up a few more sales on GOG.

I say go ahead.
Posted January 20, 2012
so, do publishers actually request the removal of gameplay videos on YouTube? there are thousands of Let's Play clips online, and apparently nobody gives a crap. this would be a problem with SOPA, but not now.

the only times i remember publishers demanding the removal of game-related videos were when officially unreleased footage was involved.
Post edited January 20, 2012 by Fred_DM
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