Fair Use, but is it sometimes fair to smaller Youtube channels?

[shadowofchaos]

I just want to see how the community feels about this.

I am not trying to start anything, I've already made my appeal. If it gets noticed, then we're simply too small to reach them.

So, the recent Fire Emblem (Honest Games) Trailer has been identified with at least three FE footages being used from other smaller Youtubers... one of them being me.

And yes it is made for comical purposes and is sattire, covered under Fair Use, etc.

I mean, I know I'll get over this eventually, but I feel like a few of us just got stepped on.

I even wrote up something to be diplomatic:

Dear Honest Trailers and Smosh Games,

On behalf of the Fire Emblem community and as known content creator within that community, I thank you for making such a hilarious video about Fire Emblem.

However, a few of us have a little problem with the Fire Emblem (Honest Game Trailers) video.

We understand that this is a parody and criticism that is meant for comical display. We understand that this is covered by Fair Use.

However we, the very small content creators of this community, felt a little stepped on by the giants you are by using a collective set of clips from the community without any mention.

We cannot threaten you with anything. It is completely within your legal right to monetize this content under Fair Use.

But we feel like we're getting the short end of the stick.

At 2:13, this was Lady Arieta's video:

At 2:25, this was clearly footage from the Fire Emblem Fates Translation patch by Linkmstr, recognizable due to the mix of English and Japanese characters with the name カムイ.

At 0:52, Chrom killing himself with the Japanese text was clearly mine:

For me personally, I feel like I've been stepped on a second time.

The first being on the "POWER UP! (Why We're Single)" video:

from 4:42, for an entire minute, all the commentary was towards general Smash bahavior.

While my work that took hours upon hours of hacking and planning, was simply put there for show because it looked nice.

Please, we're not asking for much, just a mention in the description. And we're completely have no power to stop you.

From a few very small content creators on Youtube of Fire Emblem,

shadowofchaos725

Lady Arieta

Linkmstr

Thank you for your time.

...What I mean is, am I even justified feeling this way?

Or am I just being too sensitive?

[Limstella]

Considering they're making money off of it, I think your feelings are justified.

Edit: Just a glitch, not related.

Edited February 24, 2016 by Manakete Morgan

[shadowofchaos]

Considering they're making money off of it, I think your feelings are justified. Plus, they keep removing your comment :/

It was a glitching Youtube comment "mark as spam" thing.

It's fixed.

Link to the comment

Edited February 24, 2016 by shadowofchaos

[Limstella]

It was a glitching Youtube comment "mark as spam" thing.

It's fixed.

Link to the comment

Oh, my bad, should've checked again.

Edited February 24, 2016 by Manakete Morgan

[Roflolxp54]

I remember taking a media ethics course last year and I'm trying to remember about Fair Use, copyright, and all that stuff.

If I remember correctly, even if it truly falls under Fair Use, it's pretty much common courtesy to ask for permission from content creators to use their content AND give credit to content creators for allowing them to use said content.

Yes, even if it's made for the purpose of parody/satire, if it's covered up by commentary and another BGM, and if it's NOT even being monetized in the first place.

[Rizziah]

At best, what they did was pretty rude. And I do emphasize the "at best" part. I'd be upset too.

[shadowofchaos]

The situation with this video was resolved easy enough, at least.

[Rizziah]

\[+]/

[Tryhard]

I remember this video taking footage from my FE2 playthrough: http://serenesforest.net/forums/index.php?showtopic=51314 leaving in the callouts in vegas so I knew it was obviously mine lol

which really just undermined the effort put into the video since they literally could have booted up fe2 and played it for 5 minutes yet couldn't even do that.

of course, they had a convenient response when I posted on it

http://puu.sh/njdUy/41d1945282.png

so quick to remember but so much in a rush to not privately ask me for permission first

While I do appreciate the fact that they did credit and I don't care further than that, I find it hard to believe that they just "forgot" to ask me.

'course, honest trailers is a lot bigger channel.

Edited February 24, 2016 by Tryhard

[Alertcircuit]

Honest Trailers should have asked permission out of common courtesy.

I was under the assumption that ownership of gameplay footage was a gray area though.

Edited February 24, 2016 by Alertcircuit

[shadowofchaos]

Isn't ownership of gameplay footage considered a legal gray area though?

That's what I mean.

We literally could have done nothing legality wise.

I pretty much begged them to give us credit.

[Sentacotus]

Its pretty crazy what people can get away with or not get away with on Youtube. While they didn't need to technically credit you or anything it is pretty dickish at worst for them and neglectful at best especially since that video is monetized (which I wonder what Nintendo/IS will think given their "illustrious" track record with copyright). Funny seeing its coming from Smoshgames who has experience dealing with the whole Pokemon video copyright fiasco.

To be honest I'm not sure how the problem could be fixed because on one hand you have whats going on with rampant copyright claims that take videos down willy nilly for often reasons of retribution, users who don't like a youtuber, and people like Nintendo who will literally claim anything if its monetized in any way. But then on the other hand you have what happened here where bigger channels can effectively do what they want at others expense. Its funny when you consider that actual copyright laws are more lenient than the flawed copyright system Youtube has going on.

[Tryhard]

There may be some grounds for legality enforcement but so many are unwilling to do it over youtube gameplay footage and understandably so that it never really is a thing. Franky, I just sigh at people's attitudes when the only reason they apologize is because they get caught over it, not really at the fact that they do credit or don't credit the person.

Kinda the same thing with sprites. People take them and we've had trouble with it many times previously but it's not like they have any liability for it.

[Sentacotus]

There may be some grounds for legality enforcement but so many are unwilling to do it over youtube gameplay footage and understandably so that it never really is a thing. Franky, I just sigh at people's attitudes when the only reason they apologize is because they get caught over it, not really at the fact that they do credit or don't credit the person.

Kinda the same thing with sprites. People take them and we've had trouble with it many times previously but it's not like they have any liability for it.

Well if you remember that's exactly what happened with the Fine Bros. Only reason I suspect that failed was because they were targeting literally the use of a word...like wtf?

But especially in this day in age where this stuff is so easily accessible and linked I don't find an excuse not to give credit where credit is due.

Edited February 24, 2016 by LordTaco42