Today's definition is about The United States Fair Use Law which, thanks mostly to the music industry but also television, movies, and video games, is something that, as a citizen of the internet, is good to know:
According to and expressed by the letter of the law in
The Copyright Act of 1976, "the fair use of a copyrighted work, including such use by
reproduction in copies or photo records or by any other means specified
by that section, for purposes such as criticism, comment, news
reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In
determining whether the use made of a work in any particular case is a
fair use the factors to be considered shall include:
-
- the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above
factors."
Nintendo has recently been having Youtube flag and take down videos that contain content related to their software under the idea of protecting their IPs,
intellectual property, from being misrepresented or exploited. Usually, game companies leave reviewers and other content creators alone, in these matters, because they act as free advertising-- whether or not the content represents the work in a way they like-- and having the content removed is bad press. But, as Nintendo can do what they're doing on youtube's site as a venue, it is difficult to foresee these policies changing without Nintendo deciding to relax.
The real question? Why is Nintendo suddenly taking such a destructive interest in their fanbase and what action can be taken to make them realize the error of their ways?
Can't we all be buddies again, drive around and drink orange mocha frappuccinos, and then have a gasoline fight?
