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General Category => Off topic => Topic started by: mr_lou on 12:16, 09 January 16

Title: Selling videos of other people's games
Post by: mr_lou on 12:16, 09 January 16
So for my project "8bit Stories" I'm planning on including a lot of videos of old Amstrad CPC games.

I'm also thinking about using a company like EditHouse (http://edithouse.co.uk/) in London, England for self-publishing (in order to not offer the service of burning discs for other people myself).
EditHouse provides a service where they produce the discs when people buy one.
Buying a version of "8bit Stories" would be a gesture to support my work. EditHouse of course takes some money for their service, and I can add an amount I'd like to earn myself.
(Still planning on making the ISO downloadable for free, so the payed version is just to support my work, and/or if you prefer an "original").

But that got me thinking. If I did this, I would essentially be making money of videos (even though those videos are only a small part of the whole product) of other people's games....
And now I'm in doubt if I'm even legally allowed to do that.

Yes, I know tons of people are making money on their YouTube videos of the same games, but is that the same thing?

Does anyone have any insight on this?

Thanks.

Title: Re: Selling videos of other people's games
Post by: AMSDOS on 12:49, 09 January 16
Does anyone have any insight on this?


It's a tough one copyright, and globally it seems to vary,  I found it varied when it came to computer magazines. The National Library in Australia an employee could copy up to 10% of a Magazine, the British one doesn't even want to know you let alone tell you if they had a particular issue!


In the case of Video, I guess it depends on what a copyright Laws are imposed on a piece of video. In the case of some Video from a game, it maybe okay to have less than 10% of a game from the overall Video - so if a 10 minute Video was made, then under a minute of Video perhaps?


Though you might need to consult some Government Acts which deal in what's legally acceptable, otherwise you might have to pay royalties to the authors of their software.


EDIT: and no, I'm not a lawyer, but I know one, though I don't think Aust. Law is going to help (unless the owner of that software is Aussie).
Title: Re: Selling videos of other people's games
Post by: chinnyhill10 on 12:54, 09 January 16

Does anyone have any insight on this?




I'm not a lawyer but I really wouldn't worry about it.


The thing about physical media is that if you crowdfunded the physical sales like most other 8 bit projects these days you'd know exactly how many to make and wouldn't have to deal with self publishing companies who want a fat cut.
Title: Re: Selling videos of other people's games
Post by: dodogildo on 13:06, 09 January 16
I wouldn't decide on such matters based on anybody's comment in a forum (even if they're lawyers.)
Title: Re: Selling videos of other people's games
Post by: ukmarkh on 13:24, 09 January 16
I thought after twenty five years, it was fair game.
Title: Re: Selling videos of other people's games
Post by: GeoffB17 on 15:00, 09 January 16
Two thoughts.


By producing your video, will there be any possible detrimental effect on their sales of the game.   If not, then on what basis might someone take action?   It would be up to them to take action, and they would need some reason to do so.   Usually economic in some way.


In most media things, there has always been an element of 'fair use', covering all quoting, pics of, references to, etc.  No reason why this should not apply here as well.


Just to cover any loose ends, you need a way to explicitly state that each game xxx is written by xxx and published by xxx in 19xx and is copyright to xxx.   How you would do that adequately in a video I'm not quite sure.   You need to make it clear that any copyright you claim is to the video ONLY, and not for any part of the actual game or it's images, the latter are being reproduced for illustrative/promotional purposes ONLY.


Geoff
Title: Re: Selling videos of other people's games
Post by: reidrac on 15:02, 09 January 16
I thought after twenty five years, it was fair game.

Not sure, specially in US and with intellectual property. Very often big companies are quite active defending their IP, no matter what is and ignoring if it's been 25 or 30 years.

That said, I don't think it would be a problem for companies not in businesses any more.

(I'm not a lawyer!)
Title: Re: Selling videos of other people's games
Post by: mr_lou on 15:25, 09 January 16
Interesting read here:
The Complete Guide To Fair Use & YouTube | SocialTimes (http://www.adweek.com/socialtimes/fair-use-youtube/62896)
Quote
It’s a popular trend for people to create videos of themselves playing video games or use software while giving commentary.  Falzone says that this is somewhat of a gray area, though it has been done pretty widely on YouTube without much repercussion.  You probably won’t have much trouble because, at the end of the day, these types of videos probably help sales.  But if you have concerns, consult a lawyer.
Title: Re: Selling videos of other people's games
Post by: chinnyhill10 on 16:18, 09 January 16
Interesting read here:
The Complete Guide To Fair Use & YouTube | SocialTimes (http://www.adweek.com/socialtimes/fair-use-youtube/62896)

Note that is an American article by the looks of it. Law varies from country to country.
Title: Re: Selling videos of other people's games
Post by: dodogildo on 23:09, 09 January 16
These are all speculation. You should get professional advice if you're intending to run a commercial project involving other people's intellectual property unless those IPs are not public domain.
Title: Re: Selling videos of other people's games
Post by: andycadley on 00:33, 10 January 16
I suspect it's one of those things that's never actually been tested in a court, it's certainly on the fringes of the meaning of law. On the other hand, YouTube is doing this on a daily basis and on a much bigger scale than you could ever even begin to dream of. And they aren't being sued for it. In all likelihood the worst that'll happen is a C&D order.
Title: Re: Selling videos of other people's games
Post by: ||C|-|E|| on 02:35, 10 January 16
I guess that it depends on the country. In Spain it should be OK, as far as I know. I have never worked with videos, but it is the same than the normal photography. You can sell a picture of a famous monument and you do not break the law doing this because the photography is your work, even if it displays something that does not belong to you. OK, you could say that the monument is outside, in the street, and this is not the case with the video games, but still. However, you should ask a lawyer, we did this tons of times with the pictures because there are many particular cases that are not standard  :) .