Company rights
As it is, when a Youtube video maker puts a video up, they own the
copyright to it, but companies still own the rights to their own products as
well. If a Youtube user makes a video
using some of their content as in a lets play or walk through, then some
companies feel like their product is threatened and so they call copyright
violations as per 106Aa3A and B of copyright law.
But we
already know this
I only bring it up again to explain how a Youtube user who is flagged for
copyright infringement loses money.
Because the companies own the raw footage of the game the player used,
they are now the ones to get revenue from advertising. Gaming companies seem to have two major ways
of reacting to these videos. In the case
of Nintendo, they are openly displeased by content being made from their games
and actively seek to have videos flagged.
On the other hand companies like Blizzard have chosen to welcome the
advertising that comes from Youtube and try to remove flags on their content to
help the user. So a major reason for the
sweeps in flagging is that the now Google-owned Youtube does not want to get sued
by the stricter companies
for allowing the content.
Solutions?
Even with the companies calling the 106Aa3A and B sections of the law, we
are not without our own rights. Because
the Youtuber makes the content, and in the case of video games, often has a
direct effect on what happens on the screen, users can claim Fair use to get
the flags removed. But in the end, the
content will likely sort itself.
Companies that continue to aggressively flag videos will no longer have
content made from them as often and will lose both the revenue and the
publicity from those views. Likewise
smaller games and companies that allow for free use will see an increase in
content made with their material.
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