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Video Game Dvd?


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7 replies to this topic

#1 OmegamB

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Posted 01 October 2008 - 02:37 PM

As a hobby I play through full video games and record both the video and audio with a full live commentary of me as I play it. Would it be legal to sell a DVD of this?

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#2 nigglesnush85

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Posted 01 October 2008 - 02:49 PM

Hello OmegamB,

That is a good question, there are arguments for and against. I would get in touch with the company that made each game and ask permission first just to be safe.
Regards,

Alan.

#3 OmegamB

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Posted 01 October 2008 - 04:34 PM

Hello OmegamB,

That is a good question, there are arguments for and against. I would get in touch with the company that made each game and ask permission first just to be safe.


Some of the games I play are from the NES days, and the companies who make some of them are no longer around, so it might be hard to track down the company who bought them.

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#4 nigglesnush85

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Posted 01 October 2008 - 05:38 PM

My concern would be copyright length, http://en.wikipedia.org/wiki/List_of_count...opyright_length
http://www.copyright.gov/fls/fl108.html is also a good read.
Regards,

Alan.

#5 MattV

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Posted 02 October 2008 - 05:52 AM

Let us look at the question from another angle. If I decided to videotape and make commentary on an upcoming road trip to NC, would I be liable to Subaru for anything if I sold copies? I am using a Subaru to make the trip. I am selling video of my use of the product, not copies of the product itself.

If the games in question have fallen into the public domain - abandonware - then I would not think there would be a problem. But it would still be a good idea to consult a shyster, first.

#6 nigglesnush85

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Posted 02 October 2008 - 06:07 AM

Good point.
Regards,

Alan.

#7 jgweed

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Posted 02 October 2008 - 08:09 AM

Generally speaking, the test is whether or not you provide new and original content, and the extent to which you enhance or provide a completely different perspective on the original material. If you were either giving the CD away or just charging a minimal amount to cover the cost of the media there would be less of a problem than if you were using the copyrighted material for profit.
In any case, consulting a lawyer seems prudent.
Cheers,
John
Whereof one cannot speak, thereof one should be silent.

#8 HitSquad

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Posted 02 October 2008 - 08:42 AM

Since it is not a functional\installable copy of the actual software itself and simply a viewable media file, I doubt you would be prosecuted. If anything, it's a promo for whatever game you're playing. It's the "charge for" portion that could be sticky however. At the very least, any profits above a certain limit you would have to claim as income and pay taxes on. Best way to handle this is contact the game maker itself. Get permissions and keep hard copy of same.

Edited by HitSquad, 02 October 2008 - 08:50 AM.





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