• whileloop@lemmy.world
    link
    fedilink
    arrow-up
    9
    arrow-down
    1
    ·
    1 year ago

    Obligatory I am not a lawyer, this is just my opinion.

    A let’s play is a derivative work. You can claim fair use, but that’s hard to do. Fair use often boils down to a question of ‘does the derivative work compete with the original enough to cause a loss in sales?’ Think of when people film themselves watching a movie for YouTube, without cutting anything out and barely commentating over anything, meaning that someone could watch their video instead of the movie and get almost the same content.

    In this case, he filmed himself playing the entirety of a visual novel. I think it’s fair to say that for a lot of people, his let’s play could absolutely substitute for playing the game, thus losing sales for the developer.

    • Touching_Grass@lemmy.world
      link
      fedilink
      arrow-up
      3
      arrow-down
      6
      ·
      1 year ago

      But losing sales for the company should not be a criminal act. A sternly written letter should be the maximum punishment while the company pounds sand

      • duncesplayed@lemmy.one
        link
        fedilink
        English
        arrow-up
        1
        ·
        1 year ago

        Yeah this part of it isn’t getting enough attention. Take down his videos? Totally normal. Make him pay for some damages? Sure, I guess. Put him in prison? What the fuck?

        • Touching_Grass@lemmy.world
          link
          fedilink
          arrow-up
          2
          ·
          1 year ago

          I would say it’s wrong they can get the video taken done. If he created the video then it’s his. They should have to pound sand