Week of May 13, 2013 to May 19, 2013
In which John Green discusses copyright and how a poster came to be.
The following is going to be my somewhat incomplete thoughts about Nintendo choosing to claim videos featuring their games (I may make a more cohesive post about this later):
Nintendo owns the game, so it owns the footage and characters and such, so they do have the right to claim these videos. I am glad they chose to not take the videos down. But Nintendo doesn’t own they commentary of the Let’s Player, nor do they own the way in which the game is played (my reasoning is is that they did not hire the Let’s Player to show off their game, nor to sing the praises of their glory). Although, the commentary could not exist by itself (most of the time), the commentary can be in direct response to the game (as in a blind Let’s Play), indirect response to the game (discussing the game or telling the a story related to the game about one’s experience with it as a child or a story unrelated to the game based on a visual cue from the game) or not in response to them game (discussing a topic while gameplay footage is in the background as something to look at). Therefore, the commentary can belong more to the Let’s Player than the company. I cannot comment on behalf of Let’s Players, but the ones I watch tend seem to choose the games they play, and therefore put on their channel, because they enjoy them and feel the game is worth sharing. And many of the Let’s Players I watch let the credits roll at the end of the Let’s Play, giving credit where credit is due. This situation is a sticky one, one that will not easily be solved. But my solution would be to let Nintendo claim the videos, but Nintendo should send a check with a portion of the ad revenue (even if it is the most miniscule portion) to the Let’s Player every month based on the revenue gained over the month. This way, the Let’s Players are free to play whatever game they please (Nintendo or not), while still being able to be acknowledged that they are contributing to the game (I realize this solution probably has a ton of legal issues, but having the Let’s Player send a check to Nintendo monthly seems more complicated, but that could also work). I know nothing is as easy as it seems, but it seems that Nintendo should at least make contact with the Let’s Players to explain their motives. If compared to the situation outlined in the above video, Nintendo is both the author and the fanartist combines, while the Let’s Player is the poster creator. The author/fanartist is the owner of the work, but the poster’s design comes from the poster creator using the art inspired by the author. And that is what the Let’s Plays seem to be: the Let’s Player is inspired by and uses the game, but the way in which they present the game (their gameplay and commentary) is of their own imagining. Which is why I can watch three different Let’s Plays of the same game (and a versus), and be entertained each time; each Let’s Player has something new to bring to the game.
Addition: The footage of the Let’s Play can be edited (as in editing out unnecessary gameplay when redoing stages, or editing out failed attempts). This editing is done to present the best possible video, and the process of editing is also a type of style unique to each Let’s Player.
Note: I am a huge fan of Nintendo. The only systems I own, both console and handheld, are Nintendo. I will continue to support their products. And through watching Let’s Plays, I have been introduced to games I never would have just picked up in the store.
Second Note: I am wondering why Nintendo is doing this now (even though other companies have done this). Because they did not take down the videos and seem to only be doing this to get the revenue, I am wondering if Nintendo needs the additional revenue. Just a thought (I’m probably wrong).
“As a kid, I read a lot of science fiction. But instead of reading technical, hard-science writers like Isaac Asimov, I was interested in Harry Harrison and a fantastic, surreal approach to the genre. I grew up on it. Star Wars is a sort of compilation of this stuff, but it’s never been put in one story before, never put down on film. There is a lot taken from Westerns, mythology, and samurai movies. It’s all the things that are great put together. It’s not like one kind of ice cream but rather a very big sundae.” — GEORGE LUCAS
I took two more finals today and have two left tomorrow (part of one is an essay I have to finish up). Then I will be home on Friday. I am eager for Summer break.
