Fez Creator: YouTubers Are "Stealing" Content From Game Developers

[shirkbot]

Actually that's not how fair use works, lots of people seem to quote fair use without understanding that fair use works on a case by case basis. Making money from it, regardless of if you are selling it or not, is still counted as commercial use and there have been cases of this behavior being struck down in court I believe.

Even if not it would work against you should it go to court. Just because your not selling it, but instead selling the audience to advertisers doesn't mean that you can get away with just broadcasting it without paying the creator. I'm sure if you could then radio stations would have done this long long ago.

Money is still changing hands, it counts as commercial use because you are profiting from it.

Just because money is changing hands does not automatically preclude fair use, hence the specific notation of critique and parody. There is a massive difference between a copyright violation through profiting from copies of a work and profiting from a critique, parody or even a Let's Play. As long as the piece in question can be seen as sufficiently transformative, and/or insufficiently damaging to the copyright holder's ability to make money, then it counts, and that's why Let's Plays are controversial in this regard.

Personal Opinion Tangent: I personally think LPs qualify as transformative because, while they can't exist without the game, they do change the nature and focus of the experience. They're kind of like video game RiffTrax, but with the obvious difference that every "movie" has infinite "cuts" upon which to riff.

 

[proctorninja2]

Phill, Phill never changes, also I think he forgets how much positive advertisement games get from youtube

 

[tehroc]

Fuck off Phil Fish, I wouldn't have even bought his game unless I saw Northernlion play it.

 

[K_Dub]

I can understand where Fish is coming from, but I just don't agree with his sentiment. A LP or Live Stream channel can regularly play a game created by a certain developer. More often than not, the people tuning into these channels to watch these videos are tuning to watch or listen to the people playing the game.

It can be argued that the content of the video is made possible due to the use of the video game, sure. Once commentators are added to the equation however, I think that the whole of the video becomes a different beast entirely, becoming a new type of entertainment, and not just a playthrough of a game.

Then of course, there's always the argument that people playing and commenting on a game actually brings interest to the game, bringing along with it an increase in sales.

It's a shame, cuz I like Phil Fish as a game developer, but I tend to not agree with his opinions.

 

[RavingSturm]

Nothing stopping FISH from uploading videos and yelping like a little ***** ala Pewdiepie.

 

[ThunderCavalier]

Well, let's think about this for a moment, Fish. Are you saying that ANY content that is not made by you is "copyrighted," and thus the profits must be given to the original content owners?

OK, so...

First off, I'm sorry, all amateur streamers ever that aren't licensed by the actual game publishers, but technically YOU'RE DOING SOMETHING ILLEGAL!

Second off, I'm pretty sure that most online reviewers either:

1) Buy the copy of the game.
2) Are given the copy of the game, you know... review copies. TB has gotten numerous free review codes for Steam games as per his business model.

Buuuut now they have to pay extra dividends to the publisher because they're using their content through gameplay footage and whatnot.

Third off, I'm sorry, all online reviewers, comedic or serious ever, but now you can no longer show any content EVER from the content you are reviewing, because "technically" you are using their content and you would have to pay them for the privilege of using your content.

So that means no trailer footage.

So that means no gameplay footage.

So that means no movie footage.

So that means no quotes from the source material.

Because otherwise you are using their material and thus now you must pay them.

Also, I am no longer allowed to quote anything from anything ever in any content I make, because the quotes didn't come from me, but rather from the source material, and thus I am no longer allowed to use the quotes from that content... because that would be depriving them of the privilege of seeing that quote in your original content.

WAIT A SECOND. Isn't the Energy Sword in Halo derived from the Lightsaber in Star Wars? TRULY BUNGIE AND MICROSOFT MUST PAY MONEY TO LUCASARTS FOR DARING TO USE THEIR CONTENT IN HALO.

... Yes, this is a slippery slope argument, but the point still stands. Just because they're using your content doesn't mean that they're plagiarizing it. This might surprise you, but people aren't watching them play Fez because they want to see Fez.

 

[NuclearKangaroo]

the diva dev is at it again

even if you dont agree with lets players calling them "basically pirates" is simply insane, not to mention, many lets players increase the sales of games thanks to the extra exposition

 

[bdcjacko]

Maybe Phil should have made a game that is fun to play...

 

[Living_Brain]

Let's plays aren't necessarily about the game being played, I'd say 80% of the time it's about the personality of the person playing it. It's different with movies, no one is commentating as they watch with you.

 

[Infernal Lawyer]

Well, my opinions are mixed. If someone watches an LP of a game and then decides not to buy it, it's either because 1. The game is complete arse and not worth the cash, or 2. The game is heavily story based and not much else, and thus not worth paying to experience again.

As has been said though, Fish could have been more diplomatic about how he speaks (as per usual), plus it's a bit odd that he talks now instead of when that entire YouTube kerfuffle happened.

 

[Kerric]

"If you generate money from putting my content on your channel, you owe me money. Simple as that"
Except I already gave you money, Philippe. Because I bought your shitty game.
Please stay gone, prick.

If you buy a book, the author receives royalties. However, you do not then have the right to record your reading of the book to make money from it, even though you paid for the book.

If you pay for a premium cable channel, you can watch certain baseball games. However, you do not have the right to record and replay that content for profit without the permission of the league.

Paying for something does not give you infinite rights. However, this is a separate issue from whether or not it is foolish for a game developer to suppress videos which might popularize their game.

 

[Reincarnatedwolfgod]

I would call youtube videos as free adveriszing for game if they are actually good.
I have bought a decent amount of games based due be exposed game that was unknown to me before see them in youtube videos.
I also say people are not necessarily watching for videos for the game it self and more based upon the personalty of the person making videos. there is are videos of pewdiepie talking to fucking cleverbot and it get millions of views. They are sure as hell not watch it for cleverbot.

 

[II2]

Not quite sure his logic is quite on.

A movie or show or music or whatever there's a better argument for the royalty free use of content. Video games are interactive, though - and media showcasing the product without offering access to it's function is, effectively, advertising and promotion... Normally something YOU pay other people for...

I probably didn't need to bother typing that out, but, there you go.

 

[Ziadaine_v1legacy]

Do all us developers a favor and leave the industry with that attitude Mr Fish.

When I EVENTUALLY finish my work, I expect it's going to get criticism, it's going to be loved or hated, its going to be in lets plays or walkthroughs. Instead of seeing ONLY the bad side to this, see it as a good thing. These "hipster Youtubers" you hate, are going to be promoting your artwork, it's going to be seen a lot more then if it was sitting in the corner of Steam or hidden away on a developer's website that no one knows about.

As long as you're not pulling an "Earth: 2066", I think it's a good thing.

 

[jthwilliams]

So I think there is some validity here. Not in the stealing, but in a game with a heavy story like adventure games which are more or less interactive stories then Lets plays do translate a bulk of the entertainment value of the work without compensation to the creators.

I don't think a Let's play of "titan fall" gives anything away, it just makes people more interested in the game. But a full play through of "The wolf among us" does give away the entertainment of the game because watching is mostly like playing it.

To me it would be the same as buying the latest Stephen King book and then making youtube videos of you reading it aloud all the way through. Except in the case of the game, the quality of the presentation is consistent because the game is doing it. At least in the case of reading a book, if you are a poor reader or a great reader it would have a huge impact on the video.

 

[Imperioratorex Caprae]

Is this guy the definition of bitter or what? I thought he was done with the industry, but I guess he just wanted more attention. I really don't know the guy, but can only infer things from what he says publicly... all I hear is a bitter person raging at anyone he feels may have slighted him.

 

[Charli]

Phil Fish says another strongly opinionated thing, in his usual petulant way. Stop the presses.

Oh wait it did. Fucking Christ. WHO CARES.

 

[The_Scrivener]

Phil Fish is a grown baby who is in a perpetual state of being sent to bed without dessert.

He is loudmouth crap who has provided only small good things for gaming culture that are impossible to detect now beneath the Everest-esque mountain of bullshit he's piled on top of them.

 

[unstabLized]

Oh look, it's the guy who's so full of himself that he's basically blind. Fuck off Phil, you stopped being relevant a while ago and no one gives a damn.

 

[Cecilthedarkknight_234]

This makes me sad more than anything else. Phil's just an opinionated guy, and whenever he posts an opinion people give him so much shit for it that I'm surprised he didn't quit the games industry much earlier. Just leave the guy alone, he at least deserves that.

I would if the guy wasn't such a douche with an inflated ego that ran off with this tail between his legs after saying all Japanese games suck. Then he had the nerve to canceled fez 2 leaving his production crew high and dry while taking all the money that was going to be used to made game with him. Then he had the gall to say on april fool's day guess what guys "Fez II is back on" as a joke. Screw him and his over inflated ego. You act like an asshole in this community, you get treated like one in return.