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Society & Culture
Virtual Legality Episode 177

Streaming, Copyright Infringement, and Fair Use

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1y Feb 19, 2020
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Copyright and Fair Use are widely misunderstood. More specifically, the existence of things like "Let's Plays" and reaction streams causes deserved confusion (like MxR Plays/Jukin Media), especially for those trying to make a living in this strange ecosystem of YouTube, Twitch, Mixer, and the rest.

Join us as we dive into how copyright and infringement work in this specific set of cases, and how digital software licenses and the resulting state of potentially "permanent ambiguous infringement" creates more moral hazard than one might otherwise assume.

Fair Use isn't always "fair"...in Virtual Legality.

#Copyright #FairUse #Streaming


Discussed in this episode:

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106

"Warning to anyone that intends to call out EA..."
Tweet - February 15, 2020 - @Kurt0411Fifa
https://twitter.com/Kurt0411Fifa/status/1228693512201342977

"We've certainly talked about this in #VirtualLegality a great deal, but it's worth revisiting."
Tweet - February 17, 2020 - @Hoeg Law
https://twitter.com/HoegLaw/status/1229508896944947200

Definition of "Largesse"
Meriam-Webster
https://www.merriam-webster.com/word-of-the-day/largesse-2019-02-01

"Access journalism"
Wikipedia Article
https://en.wikipedia.org/wiki/Access_journalism

"Limitations on exclusive rights: Fair use"
17 USC 107
https://www.law.cornell.edu/uscode/text/17/107

"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)"
YouTube Video - January 10, 2020 - Hoeg Law
https://youtu.be/VtV_nYZT-mg

""Persona 5 Scramble the Phantom Strikers" Announcement of Distribution Guidelines for Movies and Live Broadcasts"
Persona Channel (TRANSLATED)
http://p-ch.jp/news/5617/

"A Note on Persona 5 and Streaming"
Atlus Blog - April 4, 2017
https://atlus.com/note-persona-5-streaming/

"Persona 5 - Box Scan"
GameFaqs
https://gamefaqs.gamespot.com/ps4/835628-persona-5/images/1619521

"Software Product License Agreement"
PlayStation Website
https://www.playstation.com/en-us/legal/softwarelicense/

"Persona 5’s PS4 share features are disabled"
Polygon - March 29, 2017 - Julia Alexander
https://www.polygon.com/2017/3/29/15115762/persona-5-ps4-share-disabled

"An Update on Persona 5 and Streaming"
Atlus Blog - April 27, 2017
https://www.theverge.com/2017/4/27/15442580/persona-5-streaming-atlus-screenshots-social

"ELECTRONIC ARTS USER AGREEMENT"
Updated July 18, 2019
https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

"How to request permission to use EA content"
EA Help
https://help.ea.com/en-us/help/faq/how-to-request-permission-for-ea-games-content/

"MINECRAFT END USER LICENSE AGREEMENT"
https://www.minecraft.net/en-us/eula/


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF THE SERIES HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

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About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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