Hello fellow gamers,
On Dec 02, Chris and I will be presenting on the use of video games in creating videos and streams in various ways. The scope of my part will be on gameplay videos such as let’s play videos or video guides for games and gameplay streaming, the legal implications for such activities, the application of fair dealing/use, and the economic relationship between developers/publishers and video content creators. Chris will be presenting on the creation of original videos through video game software, the commercial and legal implications, and a potential unique defence against copyright claims. Broadly speaking, we will be talking about to what extent such videos might constitute infringements and, if such videos do, to what extent certain defences may be applied to them.
We’ve attached the presentation for you to download ahead of time and, just in case, here’s the link to the Google Slides and the link to a PPT of the slides directly. Let us know if you have any trouble downloading the material.
We invite comments and questions to continue the discussion on this topic.
See below for the source materials we used for the presentation.
Common-law elements of fair dealing:
CCH Canadian Ltd v Law Society of Upper Canada, 2004 SCC 13 (CanLII),  1 SCR 339, paras 51, 54, 55, 56, 57, 58, and 59.
US statutory elements of fair use:
17 USCA § 107.
Discussion of commerciality in fair use:
Harper & Row Publishers, Inc v Nation Enterprises, 471 US 539, 542–43, 105 S Ct 2218, 2221, 85 L Ed 2d 588 (1985), para 46.
Safe harbor provisions in the US from OCILLA:
17 USCA § 512.
Polygon’s Articles on Pewdiepie’s Debacle:
Article on Machinima and Copyright Law:
Matthew B Freedman, Machinima and Copyright Law, 13 J Intell Prop L 235 (2005).
Diary of a Camper:
Red vs Blue:
Great Battle of Skyrim:
I hope you can take a few moments to watch my presentation featuring a very special guest from our Allard community.
Liz was kind enough to join me for an informal chat about social media, video games, and the law. Hopefully she took something away from the discussion and you will as well. Please feel free to post any questions or comments and I’d be happy to chat about the topic further.
- Chalk, Andy “World of Warcraft’s Subscriber Base Has More Than Doubled Since the Launch of Classic” (2020)
- Cole, Christopher A., Gitlitz, M.A., & Holleyman, R. “Expansion of Section 230 of US Communications Decency Act with July 1 Implementation of USMCA” (2020) https://www.crowell.com/NewsEvents/AlertsNewsletters/all/Expansion-of-Section-230-of-US-Communications-Decency-Act-with-July-1-implementation-of-US-Mexico-Canada-Agreement-USMCA
- Crane, Olivia: “Hate Speech, Can We All Agree On a Definition?” (2020)
- Delmare, Kai “Fortnite is Teaming Up with Houseparty to Bring Video Chat to the Game” (2020)
- Donovan, John “Navigating the Tech Stack: When, Where, and How Should We Moderate Content? (2019)
- Geist, Michael “From Copyright Term to Superbowl Commercials: Breaking Down the Digital NAFTA Deal” (2018)
- Goldman, Eric “Good News! USCMA (aka NAFTA 2.0) Embraces Section 230-Like Internet Immunity” (2018)
- Goldman, Eric “Twitter Isn’t Liable for Defamatory Impersonation Account – Brikman v. Twitter” (2020)
- Goldman, Eric “Twitter Wins Another Account Suspension Case – Wilson v. Twitter” (2020)
- Goldman, Eric “Facebook Doesn’t Have a Duty to Prevent a Murder – Godwin v. Facebook” (2020)
- Goldman, Eric “What is the Legal Definition of a ‘Social Media Site’? Uh… (People v. Lopez)” (2016)
- Goldman, Eric “Your Periodic Reminder That Facebook Isn’t a State Actor – Williby v. Zuckerberg” (2019)
- James, Ford & Loveridge, Sam “How many people play Fortnite? It’s A Lot but What’s the Official Number?” (2020)
- Klonick, Kate “Does Facebook’s Oversight Board Finally Solve the Problem of Online Speech?” (2019)
- Padhi, Catherine “Ted Cruz vs. Section 230: Misrepresenting the Communications Decency Act” (2018)
- Paul, Kari “Section 230: Tech CEOs to Defend Key Internet Law Before Congress” (2020)
- People v Lopez 2016 WL 297942 (Call App. Ct. Jan 25, 2016)
- Stephens, Hugh “Does the “New NAFTA” (USMCA) Prevent Canada – and the Other USMCA Partners – from Holding Internet Platforms Accountable for Disseminating Harmful Content?” (2020)
- Stephens, Rachel Ann “What is s. 230 Immunity?”
- Takahashi, Dean “How Eve Online is Adapting to Higher Demand and Complicated Game Development During the Pandemic” (2020)
- Thompson, Jim “No New Laws Required to Hold Social Media Accountable for Illegal Content”
- Yee, Nicholas “The Psychology of Massively Multi-User Online Role Playing Games: Motivations, Emotional Investment, Relationships and Problematic Usage” (2006)
Internet definitions of social media:
Here is my term project on the effectiveness of copyright law – enjoy!
A while back we discussed Jessica Silbey’s book The Eureka Method and her finding that current copyright law does not really reflect how artists work.
When reading her book, I found that it focused heavily on artists who were intrinsically motivated to create. They created art because they loved doing it or because they loved being in creative environments.
The cynic in me wondered if the reason that copyright law didn’t reflect how Silbey’s interviewees really worked was because it was created for people who are motivated by the ability to make money off of their work.
To explore this further, I interviewed Julian Ing, the founder of Vancouver-based social gaming company, Eruptive Games (which has since been sold). I knew that Julian had started the company, not because he was passionate about creating games, but because he saw an opportunity to make money. I wanted to know if copyright law had complimented his process of building a creative company, or if he too experienced a disconnect between the law and the creative process.
This endeavour also gave me some insight into the nature Canadian copyright law in particular.
If you’re curious about my findings, you can find my project attached here: Jessica’s Presentation
If you have any issues with the links please let me know via Teams.
Thanks for tuning in!
I hope you were able to enjoy your reading break!
On Wednesday, I will presenting on Black Mirror: Bandersnatch, the interactive film.
Prior to the presentation (if you have the time) kindly watch/ play the film. It can be found on Netflix. Please let me know via teams if you have any access issues.
In this post I have also included a short clip, which is optimal for viewing after you have watched the film.
See you Wednesday,
Hello everyone! On Wednesday, November 18th, Jared Knott and I will be presenting on the scourge of cheating in competitive multiplayer games, and legal responses to those cheaters. The problem of cheating has only gotten worse in the past few years, with most of the largest multiplayer titles having some issue with wallhacks, aimbots, macros, and much more. This has led to the development of innovative anti-cheat strategies, and lawsuits directed at both cheat-makers and the players themselves.
In order to make the presentation a little more fun and interactive, we have structured it as a (very, very simple) choose your own adventure game! Please feel free to download the presentation from this link, start it up, and click your way though to learn a bit more about the kinds of cheats in the market, and how developers/publishers are reacting. If you are just interested in the information, a PDF is also available at the link. We look forward to chatting with you on Wednesday!
Feel free to post any questions or observations you might have on this post, as we would be more than happy to chat. Also, please let us know if there are any issues with the download.