legal issues with game review blog?

^ Errr....Screwattack is not owned by MTV no Viacom, Nor is AVGN nor is TGWTG. They have NO arrangements with company's what so ever. AVGN has done about 100 game reviews and has bashed the living hell out of LJN and hasn't been sued because of free speech and credits presented. If you want to discuss this more I'm willing to post there sites disclaimers to show they are not owned by MTV. AVGN and TGWTG are independent people doing there own thing and make tons off it with just giving credit. They have been doing it since 2004 and hell are some of the biggest gaming and review sites on the net. No partnerships at all. Just go look at TGWTG Look at how many companys he would need to work out a partnership with prior to every single review. It's not possible. Also as I said before these company's don't care, they see mass viewers and since there not showing the whole video, just making comments of short clips it makes them alot of money in return.

 

This is going way off course. I was merely pointing out how intricate the web of ownership, subsidiaries, and parent companies is so you can't compare what they do, with what you think you are allowed to do.

Not all reviews, or clips, or images are infringing...I never said that. This all started because I said that you cannot make up your own videos of game play and post it online...and legally, you can't.

I was going on your word that these are MTV owned and your thing about the Disney game and telling you why they can do what they do and how the relationships work and how deep they are...a blogger or webmaster cannot compare.

Yes there are movie, game, music, and other 'art" review sites all over the web. I am not going to sit here and speculate on each and every one of them, or this thread will never end, and just be a constant round robin of people citing one example at a time trying to disprove my point by showing websites, and not case law.. "what about this one?...what about this one?"...anyone can build website or blog, you all did, doesn't make you right, especially if you are just following other people.

Many people do it legally, and many do not. I wouldn't assume that what I see someone else doing is the proper way...I would consult a practicing attorney and find out for sure, or it's real simple...just ask the companies. No one want to do that because they are scared they are going to say something that they don't want to hear.

When in doubt using other people's stuff, just ask a lawyer. It's pretty simple.
That is the only way to know for sure.

..and honestly, I don't even know why this thread is such a big argument when the OP is nowhere around.

 

You know I probably should have mentioned that I too have a game review and news blog that is attached to a store that sells new and used games and consoles.
So no one is saying anything here that I don't know, but it seems that no one that has posted to try and discredit my advice actually has studied the actual industry, and the companies involved and how they proceed.
Everything has been based on "well what about these guys?"

Examples of other webmasters are not concrete proof of facts or law, because there are right and wrong examples all over the web that are getting away with things.

I still have not seen any case law that refutes the fact that you cannot legally make your own game trailers from other peoples material, or post game play online.
When someone finds it from a reputable source, please post it up so we can all actually learn something instead of telling me I'm wrong with no proof o legal documentation.

 

Alright how about this, I report AVGN to sega and nintendo and you can report the following,

PIRATES OF THE CARRIBEAN 3

Pirates of the Carribean 3 is owned by Walt Disney Studios.



GOODFELLAS

Goodfellas is owned by Warner Brothers



BRIDGE TO TERABITHIA

Bridge to Terabithia is owned by Walt Disney Studios



INDIANA JONES AND THE TEMPLE OF DOOM

Indiana Jones and the Temple of Doom is owned by Paramount Pictures



DEEP BLUE SEA

Deep Blue Sea is owned by Warner Brothers



THE NATIVITY STORY

The Nativity Story is owned by New Line Cinema (A Time Warner Company)



THERE WILL BE BLOOD

There Will Be Blood is owned by Paramount and Miramax



STAR TREK III

Star Trek II and Star Trek III are owned by Paramount Pictures



LOVE STORY

Love Story is owned by Paramount Pictures. What's Up Doc is property of Warner Brothers.



STAR TREK IV

Star Trek IV is owned by Paramount Pictures



UHF

UHF is owned by MGM



SWEENEY TODD

Sweeney Todd is owned by Warner Brothers and Dreamworks. Music by Steven Sondheim



MILLION DOLLAR BABY

Million Dollar Baby is owned by Warner Brothers



I AM LEGEND

I Am Legend is owned by Warner Brothers



DEMOLITION MAN

Demolition Man is owned by Warner Brothers. The Simpsons is property of 20th Century Fox.



SPIDER-MAN

Spider Man is owned by Columbia Pictures and Marvel Comics



ALL THE SPIDERMAN MOVIES

Spider-Man is owned by Columbia Pictures and Marvel Comics. Spider-man (1978) theme is property of CBS Television, Fox Video, and Danchuck Productions.



MONTY PYTHON AND THE HOLY GRAIL

Monty Python and the Holy Grail is owned by Columbia and TriStar Pictures



THE ARISTOCRATS

The Aristocrats is owned by New Line Films. South Park is property of Comedy Central and Comedy Partners.



BAMBI

Bambi is owned by Walt Disney Studios.



BATMAN

Batman is owned by Warner Brothers and DC Comics



BATMAN ALL OF THEM

Batman, Batman Returns, Batman Forever, Batman and Robin owned by Warner Brothers. Batman is property of DC Comics. Batman The Television Series is property of 20th Century Fox and Greenway Productions.



2001: A SPACE ODYSSEY

2001: A Space Odyssey is owned by MGM Studios. The Matrix is owned by Warner Brothers.



300

300 is owned by Warner Brothers



FIFTH ELEMENT

The Fifth Element is owned by Columbia Pictures



STAR TREK II

Star Trek II is property of Paramount Pictures



STAR WARS EPISODE IV: A NEW HOPE

Star Wars Episode IV: A New Hope is property of Lucasfilm and 20th Century Fox



STAR WARS EPISODE V: THE EMPIRE STRIKES BACK

Star Wars Episode V: The Empire Strikes Back is property of Lucasfilm and 20th Century Fox



STAR WARS EPISODE VI: RETURN OF THE JEDI

Star Wars Episode VI: Return of the Jedi is property of Lucasfilm and 20th Century Fox



STAR WARS EPISODE I: THE PHANTOM MENACE

Star Wars Episode I and Star Wars Episode IV are property of Lucasfilm and 20th Century Fox



STAR WARS EPISODE II: ATTACK OF THE CLONES

Star Wars is property of Lucasfilm and 20th Century Fox



STAR WARS EPISODE III: REVENGE OF THE SITH

Star Wars is property of Lucasfilm and 20th Century Fox



THE LORD OF THE RINGS: THE FELLOWSHIP OF THE RING

The Lord of the Rings: The Fellowship of the Ring is property of New Line Cinema



THE LORD OF THE RINGS: THE TWO TOWERS

The Lord of the Rings: The Two Towers is property of New Line Cinema



THE LORD OF THE RINGS: THE RETURN OF THE KING

The Lord of the Rings: The Return of the King is property of New Line Cinema



FARGO

Fargo is property of Working Title Films and MGM Studios



WILLY WONKA AND THE CHOCOLATE FACTORY

Willy Wonka and the Chocolate Factory is property of Warner Brothers



THE MATRIX

The Matrix is property of Warner Brothers



AMADEUS

Amadeus is property of Warner Brothers



LOST IN TRANSLATION

Los in Translation is property of Focus Features and Universal Home Entertainment.



TITANIC

Titanic is property of Paramount Studios and 20the Century Fox



THE BIG LEBOWSKI

The Big Lebowski is property of Working Title Films and Universal Pictures



THE LION KING

The Lion King is property of Walt Disney Studios



THE SHINING

The Shining is property of Warner Brothers



FULL METAL JACKET

Full Metal Jacket is property of Warner Brothers



SPACEBALLS: THE MOVIE

Spaceballs: The Movie is property of MGM studios



THE EXORCIST

The Exorcist is property of Warner Brothers



THE PASSION OF THE CHRIST

The Passion is property of Warner Brothers. Ren and Stimpy is property of Spumco, Nickelodeon, MTV, and Games Animation (Distributed by Network Ten and VH1 Television).



BACK TO THE FUTURE

Back to the Future is property of Universal Pictures



BACK TO THE FUTURE PART II

Back to the Future is property of Universal Pictures



BACK TO THE FUTURE PART III

Back to the Future is property of Universal Pictures



THE THREE AMIGOS

The Three Amigos is property of Orion Pictures



LETHAL WEAPON

Lethal Weapon is property of Warner Brothers



FIGHT CLUB

Fight Club is property of 20th Century Fox. Strawberry Shortcake is property of DIC Entertainment, Nelvana, CBS Entertainment.



TERMINATOR 2: JUDGEMENT DAY

Terminator 2 is property of Caralco Pictures



THE PRINCESS BRIDE

The Princess Bride is property of MGM Studios



BEETLEJUICE

Beetlejuice is property of Warner Brothers



RAIDERS OF THE LOST ARK

Raiders of the Lost Ark is property of Paramount Studios



MEMENTO

Memento is property of Columbia and Tri-Star Pictures



EDWARD SCISSORHANDS

Edward Scissorhands is property of 20th Century Fox



WHO FRAMED ROGER RABBIT

Who Framed Roger Rabbit is property of Touchstone Pictures



ED WOOD

Ed Wood is property of Touchstone Pictures



GROUNDHOG DAY

Groundhog Day is property of Columbia Pictures



BILL AND TED'S EXCELLENT ADVENTURE

Bill and Ted's Excellent Adventure is owned by Orion Pictures



BILL AND TED'S BOGUS JOURNEY

Bill and Ted's Excellent Adventure and Bill and Ted's Bogus Journey is owned by Orion Pictures



FIDDLER ON THE ROOF

Fiddler on the Roof is owned by United Artists and 20th Century Fox



RAINMAN

Rainman is owned by Touchtstone Pictures



PIRATES OF THE CARIBBEAN

Pirates of the Caribbean is owned by Walt Disney Studios



CLERKS

Clerks is owned by Miramax Studios



HOME ALONE

Home Alone is owned by 20th Century Fox



MASK

Mask is owned by Universal Studios. The Mask is owned by New Line Cinema.



THE DEPARTED

The Departed is owned by Warner Brothers



HOOK

Hook is owned by Tri-Star Pictures



THE KARATE KID

The Karate Kid is owned by Columbia Pictures



BROKEBACK MOUNTAIN

Brokeback Mountain is property of Focus Pictures



ROCKY

Rocky I, II, III, IV, V, and Rocky Balboa is property of MGM, United Artists, and Columbia Pictures



BUGSY

Bugsy is property of Tristar Pictures



GHOSTBUSTERS

Ghostbusters is property of Columbia Pictures



KINDERGARTEN COP

Kindergarten Cop is property of Universal Pictures



JURASSIC PARK

Jurassic Park is property of Universal Pictures



THE SILENCE OF THE LAMBS

The Silence of the Lambs is property of MGM Studios



BLAZING SADDLES

Blazing Saddles is property of Warner Brothers



BRAVEHEART

Braveheart is property of Paramount Pictures



KILL BILL

Kill Bill is property of Miramax



THE GODFATHER

The Godfather is property of Paramount Pictures



SCARFACE

Scarface is property of Universal Studios. Rambo is property of Artisan, Lionsgate, Millennium Films, and the Weinstein Company. True Lies is property of 20th Century Fox. UHF is property of Orion Pictures and MGM. Home Alone is property of 20th Century Fox. Goofy is property of Walt Disney Studios. Troy is property of Warner Brothers. Davy Crocket is property of Walt Disney Studios. Braveheart is property of Paramount Pictures. Ren and Stimpy is property of Ren and Stimpy is property of Spumco, Nickelodeon, MTV, and Games Animation (Distributed by Network Ten and VH1 Television). The Big Lebowski is property of Working Title Films and Universal Pictures.



HARRY POTTER

Harry Potter is property of Warner Brothers.



SHREK 2

Shrek 2 is property of Dreamworks. Star Trek II is property of Paramount Pictures.



MARCH OF THE PENGUINS

March of the Penguins is property of Warner Brothers. Happy Feet is property of. Warner Brothers. Madagascar is property of Dreamworks Animation. Farce of the Penguins is property of THINKFilm, Lionsgate, and Velocity Home Entertainment. Surf's Up is property of Sony Picture's Animation.



AMERICAN BEAUTY

American Beauty is property of Dreamworks.



GLADIATOR

Gladiator is property of Dreamworks and Universal. Hot Shots Part Deux is property of Twentieth Century Fox. Airplane! is property of Paramount Pictures.



BEETHOVEN

Beethoven is property of Universal Studios



THE CHRONICLES OF NARNIA: THE LION, THE WITCH, AND THE WARDROBE

The Chronicles of Narnia: The Lion, The Witch, and the Wardrobe are property of Walt Disney Studios and Walden Media



GHOST SHIP

Ghost Ship is property of Warner Brothers



A FIVE SECOND MOVIE BONUS FILM: A FEW GOOD LIAR LIARS

A Few Good Men is property of Columbia/Tri-Star Films. Liar Liar is property of Universal Pictures. The Karate Kid is property of Columbia Pictures.



A FIVE SECOND MOVIE BONUS FILM: DUCK DODGERS

Looney Tunes is property of Warner Brothers. Star Wars Episodes III, IV, V, and VI are property of Lucasfilm and 20th Century Fox


How ever, I did find one thing about revver forced to delete a couple of there movies but when explained to blip.tv (the host they moved to) what they were doing no DMCA could take down the orders. Hell AVGN has had a legal threat from the new owners of LJN and it simply did not hold up and never did goto trial.


Edit: thats not even 1/10th of the TGWTG videos so you might need to dig around his site abit

 

This is truly going nowhere now except around in circles.
How about you try to just find the law that say's it is OK to create your own video clips from video games for the purposes of "review" to prove your point ? and stop trying to "one up" me.

None of this means anything if you can't prove it with actual law.
You seem to think that the attorney in the video is wrong, just because you can find examples of people who seem to be doing it their own way..then just back that up with some case law.

What is so hard about that ?

Not only that but you have totally missed the point of how interconnected many of these companies are in terms of not just production, but marketing, and joint ventures, and ownership.
You are naming the smaller versions of companies that are owned by larger entities that encompass many companies and partnerships, and giving examples of promotional clips that are widely distributed anyway...what's the point ?

What is interesting though is that some video sharing sites like Vimeo have strict policies against uploading content from TV, Movies, and Game Play:

And from You Tube:

Hmmnn, they must not be as educated as you are and are unfairly targeting things that (as so many have said) are perfectly legal because other people do it.

 

It's under fair use, and look as many of there videos do end up on youtube after a year of being on gametrailers in which they massively profit from it (AVGN)

But yea buddy! Lets get reporting! To our DMCA EMAILS AWAY!

 

Sony Computer Entertainment Am., Inc. v. Bleem, LLC, 214 F.3d 1022 (2000)

Bleem took screenshots from Sony games and used them in advertisements for his emulator (which competed directly with Sony).

The court ruled against Sony's challenge, stating that Bleem's use of the screenshots constituted fair use. Some highlights:

 

^ Thank you!!!


hmansfield How about we both agree to agree and disagree alrighty ?

 

hmansfield is right.