Some concerns about the community

[NOMOREKINGSINAMERICA]

 

Would you agree that any game review, commentary or critic is fair use?

No, I wouldn't. Why?

 

Arthmoor, since you seem to know more about this than I, I'd like to ask you some questions.

If I understand you correctly then your position is that prior to publishing a review of a product the publisher of said review must first obtain the permission of the manufacturer of the before mentioned product, yes? Apologies if I've misunderstood, this is not a subject which I know much about.

For clarification of your viewpoint I'd like your opinion on a few examples.

In Series 12 episode 2 of BBC's Top Gear, Chrysler refused to lend them a Dodge Challenger to review, apparently because, as Richard Hammond put it "We're always horrid about their cars". So Richard Hammond purchased a Challenger and proceeded to review it anyway against the wishes of Chrysler. In your view, was Top Gear in the wrong to do this?

Another example, The youtube channel Tech Deals has done an extensive review of this PC, the same model PC I own actually. He did not obtain the permission of CyberPowerPC, or the makers of any of the components, such as Intel, prior to releasing the review. He simply purchased it off of Amazon and then did a review of it. Should he have obtained the permission of CyberPowerPC prior to publishing the review? Should he have obtained the permission of the makers of the components used to assemble it, such as Intel, or Cooler Master?

One last example, this time more specific to this situation. L0st-D4md has reviewed here on Reddit, Nehrim. If he didn't obtain permission from SureAI, I don't know if he did or not, but if he didn't then your view is that he should delete the review, yes?

Apologies if these are stupid questions I'm making but as I said this isn't a subject I know anything about. I'm not sure what I can and can't do. Can I talk about a mod at all if I don't have specific permission to do so? Could I potentially be banned if I wrote a review of a mod here on the forums like L0st-D4md did on Reddit? I just don't know.

[Arthmoor]

You are comparing the consumer review of physically purchased goods to something covered under copyright. Two entirely different issues that have no relation to each other at all.

 

As far as the Nehrim review on Reddit, that's up to SureAI to determine if they think it infringes their rights or not. More generally though, if you are not sure, either ask the author if they're ok with what you want to do, or take the chance you might get hauled up on an infringement suit. "Fair Use" isn't a shield of immunity. It's a defense you can only invoke at trial.

[NOMOREKINGSINAMERICA]

You are comparing the consumer review of physically purchased goods to something covered under copyright. Two entirely different issues that have no relation to each other at all.

 

As far as the Nehrim review on Reddit, that's up to SureAI to determine if they think it infringes their rights or not. More generally though, if you are not sure, either ask the author if they're ok with what you want to do, or take the chance you might get hauled up on an infringement suit. "Fair Use" isn't a shield of immunity. It's a defense you can only invoke at trial.

First, thank you for the reply.

Next, to what degree of writing about a mod is permission required? For a full review you already say yes. What if I just type a name of a mod, for example in a thread about one's favorite mods and I list some? Do I need permission just to type the name of a mod, for example Jayred Ice-Veins' The Power Of Dragonbone , if that wasn't my own mod would I need permission just to type out the name of it like that in a public forum like this?

If not, then to what degree can I talk about a mod before permission is required? If I can type out the name of a mod without permission in the before mentioned hypothetical favorite mod thread I used as an example, then am I allowed to say why I like the mods in question without permission? Even if I only type a few sentences?

What about the images section here on Nexus, am I allowed to post in game images in which I had been using mods without the permission of the makers of all of the mods I had been using? Because I've been using our images section here on Nexus for years without once asking for permission of mod makers, I've posted images on various forums as well. I don't even recall what all the mods I was using for some of them were, so getting permission now would be impractical for many of them. Am I in danger of being sued? Should I pull them all down now to preempt any such danger?

I've had various versions of your unofficial patches installed when I took all of my Skyrim images, including the ones showcasing my own mods. It never occurred to me before to check for your permission. Do you want me to take them down?

Edited April 22, 2017 by Zetman20

[ZeroKing]

Uploading a monetized video displaying certain content is what's being argued here. Don't start to apply the case to other situations that are wholly unrelated to the case itself. This was a case of a mod author arguing her Terms of Use was being breached when a Youtuber uploaded a monetized video without respecting the Terms of Use, who is using Fair Use as a right (wherein it's a court decision as a self-defense). Hyperbolic application of a case isn't smart.

Edited April 22, 2017 by ZeroKing

[NOMOREKINGSINAMERICA]

Uploading a monetized video displaying certain content is what's being argued here. Don't start to apply the case to other situations that are wholly unrelated to the case itself. This was a case of a mod author arguing her Terms of Use was being breached when a Youtuber uploaded a monetized video without respecting the Terms of Use, who is using Fair Use as a right (wherein it's a court decision as a self-defense). Hyperbolic application of a case isn't smart.

I'm trying to understand all of the permutations of what can and cannot be specified in Terms of Use. What limits there are, if any, and where. What I can and cannot legally do. And I have my own youtube channel besides, though unmonetized. So I could end up in a very similar situation.

[ZeroKing]

Perhaps you should've read more into the situation before asking, but here's the short run: ask and read the Terms of Use of that mod author first. This entire situation boils down to just that. Big businesses have legal teams. Sometimes they win, sometimes they lose. It's not a criminal trial, so you have every recourse to be able to read the Terms of Use as well as how Fair Use actually works. Don't drag yourself into this mess, it's bad enough as it is.

 

The limits that exist with regards to that content resides with the original content creator (and the counter-limits that exist with the basic court defense of Fair Use). Each content creator and/or publisher has their own Terms of Use (permissible under copyright law, up to a reasonable limit), hence why you applying the case in such a broad fashion isn't the way to go. Read up on what content you are reviewing or dealing with, what that content's (and author's) Terms you are agreeing to, what your rights and responsibilities are (be it within those Terms as well as self-defense claims and fundamental rights), and ask for permission with that content provider should you don't want to end up like what's happened here.

 

The crux of the entire fun-bag here is that one person supposedly breached the Terms of Use of another with regarding to monetized Youtube videos. You'll find most people are fine with you discussing content, even uploading your own pictures of said content (transformative or not). Be informed by actually and acitvely communicating with the content provider. Asking them with regards to Youtube content that you share there isn't that difficult, but applying that same logic for most other stuff (your own images of said content, text descriptions and typed reviews) is an extreme given that it's not what some/most mod authors here have problems with and would likely consent to freely (perhaps I'm wrong about that).

Edited April 22, 2017 by ZeroKing

[Perraine]

TL:DR

 

A copyright holder can set whatever restrictions they wish in their Terms of Use, provided they do not contravene any laws of the country that the content is released in.

 

It is always, ALWAYS best practice to ask for permission when using someone else's property or creations, whether you believe it's copyrighted material or not.

[Arthmoor]

Zetman20, if you want super specific answers to those types of questions there are two ways to get them:

 

1. Ask the content creator what they're ok with.

 

2. In the absence of that, consult an attorney.

[NOMOREKINGSINAMERICA]

I see. Well thanks for the replies.

[youngfrankenstein]

love

Edited April 24, 2017 by youngfrankenstein