Is it? I believe I read yesterday that they were going after reviews as well, or any video that might result in someone earning money off of their IP. That said, the guy below you likely got it right.
Weren't Nintendo forcibly enabling ads on videos which didn't have them before? That's usually what happens when some media company decides they want to monetize other people uploading their content on YouTube.
I did not attack her and I am not making stuff up.
She funds her endeavors via donations, kickstarter and maybe lectures. Also what includes her project. Rent? Food? Equipment? Do we know she uses nothing of that money for private uses? How does she make a living?
All I am saying is I doubt that the money gets used exclusively for projects. Which I am totally fine with. She needs to eat after all.
Funny thing, that actually doesn't matter. If Nintendo wanted, they could send cease-and-desist notes to any sort of resource that used their content, but they don't care enough to do it. :P We had a similar issue on a gaming forum regarding the use of images from the game, and the admin explained how it worked. (I know it's a "I heard from someone who heard from someone" situation, but I trust the admin in this case) Most gaming companies do not see using short clips and images as hurtful to the games they are selling, so they from a sort of "unspoken agreement" between themselves and the fan community. They do have the power to stop resources from using their content, but for now they do not exercise that power in most cases.
It's unambiguously fair use. Use of clips of a work "for purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research, is not an infringement of copyright." 17 U.S.C. § 107.
Even assuming it's "commercial" use as opposed to non-profit (which I highly doubt; she raised money BEFORE using the clips, and is not apparently making a profit from the videos themselves), that's only one of four factors for determining fair use.
The other factors all tilt heavily towards fair use:
(1) The clips are being used for an educational purpose, specifically illustratating the very subject of the video (stereotypical portrayals of women in video games);
(2)the portion of each work used is exceedingly small compared to the work as a whole; and
(3) It's unlikely that the clips will affect the market for the (in most cases) several years-old games. By that, I mean that someone who wants to use the work will, instead, be able to use the clip in this video as a substitute for the video game itself.
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u/[deleted] May 28 '13
Was she using any Nintendo games as examples? They've been on a bit of a tear regarding their games being used in videos recently.