Video Game Developer pulls negative review of their game as "copyright infringement"
10-21-13, 11:34 AM
#26
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Going back to your Good Morning America example, if Wild Games asked someone GMA to do a review, would GMA have to ask Wild Games for permission to have advertisements in their TV show?
I just don't understand why a company would be shocked and appalled that a guy who has ads on every video he's posted would have ads on this one they want him to do too. Set aside interpretations of fair use. How does common sense even apply to their reaction?
I just don't understand why a company would be shocked and appalled that a guy who has ads on every video he's posted would have ads on this one they want him to do too. Set aside interpretations of fair use. How does common sense even apply to their reaction?
10-21-13, 11:35 AM
#27
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
GMA would clear everything before going to air and/or posting online. Television is an ENTIRELY different medium than some self-employed YouTuber.
10-21-13, 11:38 AM
#28
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I don't think I have the capacity to understand why a company would supply content for review on for-profit YouTube channel and then be incensed that the review is posted on a for-profit YouTube channel. I will clearly never get it.
10-21-13, 11:46 AM
#29
Moderator
Thread Starter
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
1. For-profit channel is very popular and gets a lot of views.
2. For-profit channel gave a negative review to the game
3. ???
4. Copyright violation!
10-21-13, 11:49 AM
#30
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Okay. So Wild Games saying "use this for your review" isn't permission for him to use stuff for his review. I'm glad I don't have to deal with lawyers.
I'm still confused because you say it's not about content, it's about the ads, but then you turn the argument to the ads, not the content, but the next time, it's the content, not the ads. I don't get it. I guess I never will.
I'm still confused because you say it's not about content, it's about the ads, but then you turn the argument to the ads, not the content, but the next time, it's the content, not the ads. I don't get it. I guess I never will.
Somehow in all this, people are assuming that a posted review means you get paid. It does not. Posting a review is posting a review. You're sharing your opinion. It's up to the rights holder to decide where ad revenue goes, if it's applied for.
10-21-13, 12:06 PM
#31
DVD Talk Hero
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Granted I haven't worked with YouTube much but it would seem to me that this would fall under the same "journalism" umbrella...especially since they provided the review code in the first place.
Last edited by Draven; 10-21-13 at 12:14 PM.
10-21-13, 12:25 PM
#32
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
No, they wouldn't "clear" it - if they are talking about it in a news context, they can use it. Otherwise, if a controversial game like GTA came out and they wanted to talk about it in a negative way on GMA, you're saying that Rockstar could prevent them from doing so because they make money off ads during their show. That is not how it works at all.
Granted I haven't worked with YouTube much but it would seem to me that this would fall under the same "journalism" umbrella...especially since they provided the review code in the first place.
Besides, this whole comparison is apples/oranges. A guy uploading videos to YouTube for profit is not the same as a journalistic entity. No one expects the guy working in the live truck to be feeding his family using footage he shot that day. He's paid for a job.
10-21-13, 12:33 PM
#33
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
My point in all this is that the guy isn't complaining about being silenced. He's complaining about not getting paid. He could post his video anywhere else he likes. But it's not about the message. It's about the money.
Someone download one of his videos, chop it up, review it, and slap your own ads on it. See what happens.
Someone download one of his videos, chop it up, review it, and slap your own ads on it. See what happens.
10-21-13, 12:38 PM
#34
Moderator
Thread Starter
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
A video doesn't need to be monetized for YouTube to take it down for copyright reasons.
10-21-13, 12:40 PM
#35
DVD Talk Legend
10-21-13, 12:46 PM
#36
DVD Talk Hero
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
News can't use any footage it likes whenever they like. Most footage they use is either shot by them or provided to them by the rights holders. But they can't just go into a theater, shoot the screen and then run clips of Pacific Rim in a news story. They get feeds of acceptable use footage, via satellite or via the internet.
Besides, this whole comparison is apples/oranges. A guy uploading videos to YouTube for profit is not the same as a journalistic entity. No one expects the guy working in the live truck to be feeding his family using footage he shot that day. He's paid for a job.
10-21-13, 12:50 PM
#37
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
But, try downloading the official World War Z trailer from that studio's official channel and uploading it on your own. See what happens. (If you'd like to know without going through the motions, they slap a strike on it the second your channel starts processing it.)
Well then it's sad that news stations have sunk so low.
10-21-13, 12:54 PM
#38
DVD Talk Hero
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
The videogame companies are extremely petty with their reviewers. They don't want reviews of their game, as much as unthinking praise for their new games.
10-21-13, 04:07 PM
#39
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
<iframe width="420" height="315" src="//www.youtube.com/embed/oiUsG2-iNUw" frameborder="0" allowfullscreen></iframe>
10-21-13, 04:28 PM
#40
Moderator
Thread Starter
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I always get thrown for a loop when he doesn't do his "Francis" character.
10-21-13, 05:07 PM
#41
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Wild Games Studio has apologized:
Yeah, he is, and he was doing it from word one too. (Screenshot and unintended commentary from NeoGAF.)
Again, Wild Games was deleting negative comments wherever they could, posting fake reviews elsewhere in their distinctive broken English (all by users who've never reviewed anything before or since), and:
(Positive reviews with ads on YouTube were left intact.) They deserve the blowback.
We sent TotalBiscuit a Steam key on September 26th, giving him permission to evaluate Day One: Garry’s Incident.
Monetizing wasn’t mentioned in our communications and it was an error on our part to not have clarified the issue.
It was for that particular fact that Wild Games Studio had asked the video’s removal.
After the video was made unavailable, we have taken seriously the reaction from the community concerning freedom of expression.
We strongly believe in the freedom of expression of people and medias and have removed our copyright claim.
Wild Games Studio didn’t intend on preventing anyone from using their right to freedom of expression.
For this reason, Wild Games Studio sincerely apologizes to TotalBiscuit and anyone who felt that their freedom of speech was denied.
Monetizing wasn’t mentioned in our communications and it was an error on our part to not have clarified the issue.
It was for that particular fact that Wild Games Studio had asked the video’s removal.
After the video was made unavailable, we have taken seriously the reaction from the community concerning freedom of expression.
We strongly believe in the freedom of expression of people and medias and have removed our copyright claim.
Wild Games Studio didn’t intend on preventing anyone from using their right to freedom of expression.
For this reason, Wild Games Studio sincerely apologizes to TotalBiscuit and anyone who felt that their freedom of speech was denied.
Isn't it... a little odd, that the only video that didn't have the right to monetize was the most viewed, top ranked, and the most highly critical of the title?
10-21-13, 05:10 PM
#42
DVD Talk Hall of Fame
10-21-13, 05:28 PM
#43
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
So Wild Games claims:
... but somehow monetized reviews that gave the game positive reviews were not asked to remove their videos. Can there by ANY doubt by anyone (except chuck) that this was an ill-advised attempt to quash a bad review?
Monetizing wasn’t mentioned in our communications and it was an error on our part to not have clarified the issue.
It was for that particular fact that Wild Games Studio had asked the video’s removal.
It was for that particular fact that Wild Games Studio had asked the video’s removal.
10-21-13, 05:33 PM
#44
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Edit: winky faces
10-21-13, 05:46 PM
#45
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
I still think you're pretty great!
10-21-13, 09:00 PM
#46
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Re: Video Game Developer pulls negative review of their game as "copyright infringeme
There is a huge difference between copying a trailer and presenting it as your own and using reasonable clips from something in context that is clearly a review. The latter is fair use, and is not copyright infringement. Whether the review is somewhere that generates advertising revenue is irrelevant if it is a bona fide review. Legal departments tend to err on the cautious side of this, and generally prefer to avoid the issue altogether by getting permission, but that doesn't mean it's infringement.
10-21-13, 09:26 PM
#47
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
There is a huge difference between copying a trailer and presenting it as your own and using reasonable clips from something in context that is clearly a review. The latter is fair use, and is not copyright infringement. Whether the review is somewhere that generates advertising revenue is irrelevant if it is a bona fide review. Legal departments tend to err on the cautious side of this, and generally prefer to avoid the issue altogether by getting permission, but that doesn't mean it's infringement.
10-21-13, 09:37 PM
#48
DVD Talk Legend
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
Nevermind. Next time I'll just kneejerk along with the lot of you on an issue that affects none of us. Sorry to try and give perspective on an issue that so many people weren't grasping. I'll go back to defending Microsoft spying on your jerk off sessions and whatever else pisses off the internet without thought or context.
Edit: winky faces
Edit: winky faces
10-22-13, 10:18 AM
#50
Re: Video Game Developer pulls negative review of their game as "copyright infringeme
The VG industry has a reputation for pulling this shit. Gamespot fired that one critic for a negative review and Jim Sterling got blacklisted from Konami. These guys on YouTube make content for their channel to make money as well as YT gets a good chunk of ad revenue. Some of these guys do this as a full time job. It didn't start that way for them. Boogie stated in his vid he was making videos for free 4 years till YT started paying him. AVGN made his vids on YT free till screw attack scooped him up and started paying him for his videos. These guys have turned this into a legit career.
