Copyright In Video Games

 🎮   Streaming Video Games: Navigating Copyright Challenges

The practice of streaming video games on channels like Twitch and YouTube is growing by leaps and bounds today. But, the trend comes with legal trouble due to the copyright issues that the streamers need to cope with heads up and be really careful and alert about.

🎵 The Music Dilemma

One of the biggest challenges is what music is being played in the game. Lots of games use music under a license, and streaming music without the right permits can be a cause for the owner to bring a lawsuit. As an example, even though YouTube is under license agreements with several record companies, the same track when used on a channel like Twitch or in the background of a video may lift a DMCA takedown or trigger a copyright infringement claim.

🎮 Game Content and Fair Use

In addition to the music issue, there is the legal aspect of the gameplay streaming. Publishers and developers may allow or be in favor of game streaming, but it is no longer the same when streamers take it too far by broadcasting the games that have not been released or are using copies that are pirated. One example, is a lawsuit filed by Nintendo against Jesse Keighin, a streamer who was caught streaming an unauthorized and unreleased game like The Legend of Zelda: Echoes of Wisdom. The charges announced by the company to the defendant were that illegal circumvention devices were utilized and that the viewers were taught how to get pirated games. Besides being accused of each of these acts, substantial damages were sought by Nintendo as well.

🛡️ Fair Use: A Gray Area

The "fair use" principle might be the deciduous area of discussion here mainly when the streamers not only use the content identically but also add creative input like commentary, critiques, and transformative work while streaming. However, fair use is not unarguable and is individually determined for each case. The final decision will be based on the nature of the use, the nature of the original work, the quantitative nature of the work, and the effect on the original work's market value.