Recording videogame being played - is it legal ?

On 6 Jun 2005 09:23:32 -0700, bluesman.RemoveThis@writeme.com (Johan Lindberg)
wrote:
>Hello. If I record and film videogame that I am playing, then is this
>video film mine, or does copyright belong to videogame company? What
>can I do with this film?

Technically, a video of a video game is covered under typical copyright
and EULA texts, as 'a derivative work', because derivative works do not
have to be in the same format as the original material.

For instance if you wrote a 'fan fic' story of a video game you are
technically in breach of at least a standard EULA/copyright agreement
with regards ownership and, in that example, intellectual property
rights as well.

I think the question essentially comes down to what are you going to do
with that video ?

If you are going to do anything with it that in essence is commercial,
i.e. you are going to make a reasonable amount of money from it directly
attributed to it's content, then you can expect the games company might
come after you for their piece of the pie if they find out.

If you are going to do anything with it that is damaging/defamatory to
the producers, publishers, or, heaven forbid, video game sales, and
likely to become widely known, then definitely expect them to come after
you.

If you are making a fan video of a game, as a demo, 'speed run', or
comical send-up of something other than the game itself (like the HALO
videos, ex. http://gprime.net/video.php/reallifevsinternet), you will
most likely get away with it.

Consider that videoing a TV programme to watch later is technically
illegal, drawing pictures of comic book or movie heroes is technically
illegal, writing fan fiction is technically illegal, but no one ever
gets prosecuted over such things unless they go on to make money from
it, or it proves defamatory/damaging. It is not in the
producer/publisher's interest to chase people for such breaches of
copyright, EULA, or intellectual property rights as they will get little
out of it financially and the bad publicity it might get would be more
harmful to them.

If in doubt, contact the publisher and outline what you want to do and
why, and see what they say.

--
Alfie
<http://www.delphia.co.uk/>
Your mouse has moved. Windows must be restarted for this change to take effect.

"Alfie [UK]" <me.TakeThisOut@privacy.net> wrote in message

> If in doubt, contact the publisher and outline what you want to do and
> why, and see what they say.

Thanks for answering. I had a feeling that there could be problems using that video.