LogFAQs > #972724638

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Topicit's so confusing to me that nintendo dmca's a large portion of creators who
darkknight109
04/08/23 11:28:16 PM
#21:


adjl posted...
Protecting IP's is fair game, but exerting absolute control over who is and isn't allowed to even display footage from a game is pretty dubious. For one thing, that's exactly what the concept of "fair use" is meant to protect, but more than that, there's little to no benefit and often quite a bit of harm to be found by doing so.
Keep in mind that Japanese copyright law is some of the strictest in the world and there is no equivalent in it to the "Fair Use" provisions that show up in most western copyright laws.

That shouldn't matter on most platforms, as they're frequently based out of the US and American law would apply (at best, Nintendo could get the videos blocked in Japan and/or penalties applied to Japanese creators), but the extent of Fair Use is also somewhat subjective. Let's Plays, for instance, generally don't fall under Fair Use because of how extensively they're using copyrighted material; reviews, on the other hand, squarely would.

Yeah, it's tricky.

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