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Video Game Movies "Not Creative Expression"
GamePolitics is one of many that is reporting on the impending removal of video game movies from the video hosting site Vimeo. While they have agreed to leave machinima alone, all walk-throughs, strategy videos, pvp battles, raids, etc, will be deleted on September 1st. "The Vimeo staff does not feel that videos which are direct captures of video game play truly constitute 'creative expression.' Further, such videos may expose Vimeo to liability from the game creator(s), as we have already seen action from popular video game companies against videos such as these... Gaming videos are by nature significantly larger and longer than any other genre on Vimeo ..."
Remember that /. story a few weeks ago "Your Mashup is Probably Legal?" It talked of a group of copyright experts who issued Fair Use guidelines for the use of copyrighted material in videos. In it, they issued 6 guidelines. Quoting:
FOUR: REPRODUCING, REPOSTING, OR QUOTING IN ORDER TO MEMORIALIZE, PRESERVE, OR RESCUE AN EXPERIENCE, AN EVENT, OR A CULTURAL PHENOMENON
DESCRIPTION: Repurposed copyrighted material is central to this kind of video. For instance, someone may record their favorite performance or document their own presence at a rock concert. Someone may post a controversial or notorious moment from broadcast television or a public event (a Stephen Colbert speech, a presidential address, a celebrity blooper). Someone may reproduce portions of a work that has been taken out of circulation, unjustly in their opinion. Gamers may record their performances. (emphasis mine)
PRINCIPLE: Video makers are using new technology to accomplish culturally positive functions that are widely acceptedâ"or even celebratedâ"in the analog information environment. In other media and platforms, creators regularly recollect, describe, catalog, and preserve cultural expression for public memory. Written memoirs for instance are valued for the specificity and accuracy of their recollections; collectors of ephemeral material are valued for creating archives for future users. Such memorializing transforms the original in various waysâ"perhaps by putting the original work in a different context, perhaps by putting it in juxtaposition with other such works, perhaps by preserving it. This use also does not impair the legitimate market for the original work.
LIMITATION: Fair use reaches its limits when the entertainment content is reproduced in amounts that are disproportionate to purposes of documentation, or in the case of archiving, when the material is readily available from authorized sources.