Amnestic said:
ElArabDeMagnifico said:
Amnestic said:
Would it not be possible to say that LBP versions of other game levels are a parody [http://dictionary.reference.com/browse/parody], and thus be protected under something like the Fair Use Doctrine [http://en.wikipedia.org/wiki/Fair_use] in the US?
I'm not a legal buff, and I certainly don't claim expertise on all parody laws out there, just a thought though.
Edit: Ninja'd by saccharin. That's what I get for getting links.
YOU WIN THIS ROUND!
Didn't Themis Media (I think the guys who own escapist) lay down the legal banhammer on that guy who made a parody of ZP and used some images of ZP vids. to make that "informative" video about Gamestop? I believe it was called "Zero Originality".
And as a parody work the Zero Originality guy might have been able to challenge it legally. Again, I'm not a lawyer but it's quite possible. Legal fees however, from what I've been told, are not cheap these days. Probably easier to just get the stuff removed and cut his losses.
As far as I understand, there was 1 major difference that excluded that guy from falling under the "parody law".
See, when VG cats, South Park, Penny Arcade, and many more, parody a famous actor/Franchise, they usually do so by re-creating them themselves. South Park, VG cats and Penny Arcade, for instances, drew George Lucas themselves to depict him. This is THEIR content depicting a franchise or person, which is covered under said law. This is also the reason Yahtzee is free from lawsuits, the only things he uses from the game are the box art and maybe 1 screenshot.
However, the youtube guy just blatantly ripped off images from ZP. As in, he actually downloaded the videos and cut those images directly. This is what's wrong. It wasn't that he did a video "ZP Style" (just look how many other knockoffs are still "alive" on youtube), but he did so by almost integrally copying images from ZP.
This is also, why, LBP levels
-DO- fall under the fair use doctrine. Furthermore Sony can not be held responsible for what users create. Would be like suing windows because the Zero Originality guy used it as an OS while doing his video. In sum, It's just Sony being a twat with no respect for it's costumers. Nothing new.