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by freehunter
4768 days ago
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The audio/visual aspect is kept. Interactive gameplay is simulated. The person watching gets to see the story unfold. It's clearly a derivative work, the question is where does the line stand and does making a LP cross it? And that's a huge problem with copyright law, it's so grey in so many areas. If the exact situation hasn't been defended in court, it's unclear whether or nothing something is legal. |
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What if it isn't a RPG? What if we're talking about a video of mario kart?
If I bought a physical Nintendo chess set, I don't think anyone would claim a video of my gameplay would be Nintendo's property. By extension, a video of me playing a virtual nintendo chess game with my commentary should still be mine, after all, the story is being written by the players. I think that's fairly analogous to a commentary of a mario kart game.
Now it gets interesting with a role playing game like zelda perhaps. I certainly have a right to produce a gameplay from it. Do I have a right to record it? Why not? How is it really any different that recording a play with a physical object, something which is done every day. Nintendo may have the storyline, but they didn't create the actual play. That is a result of an authorized use of the game. Player runs over here, picks up a sword -- that's something the player did, not Nintendo.
I think in the end it boils down to what the lawyers can convince a judge is true, rather than what can be proven or what is the law.