I reuploaded the nicovideo version of illayaya's arena stone tas, i didn't intend copyright infringement but illayaya just submitted a takedown request
and then its over
that means i won't reupload nico videos ever again
i think i got banned again...
I don't know if I can do TASing at the moment. May in summer or something? Soon-ish...
Aka. Chuterix, formerly ChutacoackoTAS (did I even address that name?)
Check out my RTA's and TASes here: https://www.youtube.com/channel/UCx6JXd3XDSkJqREaLQDYlDg
P.S. I have school on weekdays unless break or something. So I will not read messages until the weekends or until further notice.
I reuploaded the nicovideo version of illayaya's arena stone tas, i didn't intend copyright infringement
How can you not intend copyright infringement when you’re literally just reuploading his video? Your intentions do not matter if your actions contradict it.
You should ALWAYS ask for permission from the author before you re-upload their work to be publically viewed.
[14:15] <feos> WinDOES what DOSn't
12:33:44 PM <Mothrayas> "I got an oof with my game!"
Mothrayas Today at 12:22: <Colin> thank you for supporting noble causes such as my feet
MemoryTAS Today at 11:55 AM: you wouldn't know beauty if it slapped you in the face with a giant fish
[Today at 4:51 PM] Mothrayas: although if you like your own tweets that's the online equivalent of sniffing your own farts and probably tells a lot about you as a person
MemoryTAS Today at 7:01 PM: But I exert big staff energy honestly lol
Samsara Today at 1:20 PM: wouldn't ACE in a real life TAS just stand for Actually Cease Existing
i think i got banned again...
I don't know if I can do TASing at the moment. May in summer or something? Soon-ish...
Aka. Chuterix, formerly ChutacoackoTAS (did I even address that name?)
Check out my RTA's and TASes here: https://www.youtube.com/channel/UCx6JXd3XDSkJqREaLQDYlDg
P.S. I have school on weekdays unless break or something. So I will not read messages until the weekends or until further notice.
How can you not intend copyright infringement when you’re literally just reuploading his video? Your intentions do not matter if your actions contradict it.
I don't think it has been tested by any court exactly what the copyright status of a video recording of a tool-assisted speedrun is. I'm not even aware of any copyright lawyer having expressed an opinion on the subject (although some might have at some point).
The thing is, it's complicated.
The button press file itself quite unambiguously falls under copyright, as it's non-trivial original work. However, a video recording of the game being played by it is not the same thing as the button press file.
The problem is, the video recording itself contains 100% copyrighted material... but not owned by the author of the TAS. The material is owned by whichever company owns the IP rights to that particular game.
Fair use does not apply when a video reproduction shows extensive sections of a copyrighted material, like a video game, especially when there is no commentary or other kind of original content. (Even when there is something like commentary, the extent to which the copyrighted material is displayed still may exclude it from falling under fair use, depending on the judge.) But even if fair use did apply, that doesn't mean that the copyright is somehow transferred to the TAS author. The copyright, rather obviously, still remains with the original IP owners.
So yes, technically speaking all video recordings of tool-assisted speedruns are copyright infringement that do not fall under fair use (because they show too much of the game with no original content, such as commentary). We are lucky that the vast majority of IP owners are fine with it and generally don't issue takedown requests or sue anybody over it. (If they did, AFAIK they would be legally fully allowed to do so. Again, fair use does not apply when the original material is used to this extent. And even then, fair use is a defense in court, it's not a protection. They can still sue you, no matter how "fair use" it may be.)
We are in really muddy waters when a TAS author issues a copyright strike to another person for reuploading the video recording of a TAS. Who says that the TAS author actually owns copyright to that video recording? Has this been tested in court? Has a judge or copyright lawyer given their opinion on the matter? (Anybody here who would claim that yes, the TAS author owns copyright to the video, unless you are a copyright attorney, or a judge specialized in copyright law, your personal opinion means nothing, sorry. Sure, that applies to me as well, as I am not a laywer or judge. None of our opinions matter at all on this subject. I'm just expressing what I understand about copyright law.)
Reuploading the video might be technically speaking copyright infringement, but not against the TAS author, but against the IP owners of the game itself. The TAS author has no business talking or taking action on behalf of the company that owns the game. Most certainly he has no business claiming copyright on something that he might not have rights to (unless, as said, it has been clearly determined that it does fall under his copyright ownership.)
In other words, this may well be a spurious non-enforceable takedown.
You should ALWAYS ask for permission from the author before you re-upload their work to be publically viewed.
That may be so, but as far as any of us knows, it's indeed a "should", not a "must". It's polite to ask for permission, but it might not be a legal requirement.
