For some, playing video games apparently requires too much effort. Rather than interact with their interactive media, they prefer to put their feet up (and controllers down) and enjoy a video of someone else playing a game. A popular user-generated video distribution site in Japan, Nico Nico Douga, has a selection of these "Play Videos".
ITMedia (http://bit.ly/lxs3kQ via Slashdot Japan: http://bit.ly/eK2yWVis, both in Japanese) is reporting that a game company, Alie, released a statement claiming that distribution of videos showing their games being played infringes their copyright and that they would fight further distribution. Apparently, a recent Japanese Playstation 3 game includes a warning that distributing play videos is copyright infringement.
Reactions to play videos have been mixed. Some publishers feel that showing gameplay is a lot like telling someone the end of a good book. This is particularly true of Alie's games which are basically interactive novels. Other game companies have accepted play videos as free marketing and even encourage their users to make them.
I am not here to talk about opinion though, I am much more interested in the law. Does making and distributing play videos sound like fair use to you? Is it transformational use? Is there an economic impact and if there is, how would we gauge it?
The views expressed in this blog may not be consistent with those of McCarthy Tetrault LLP or its clients. The information provided here is for educational purposes only. Every legal issue is unique, please contact an expert if you think you might need legal advice.
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