Nerf This: Copyright Highly Creative Video Game Streams as Sports Broadcasts
Abstract
Since the 1980s, video games have grown exponentially as an entertainment medium. Once relegated to the niche subcultures of nerds, video games are now decidedly mainstream, drawing over 200 million American consumers yearly. As a result, the industry has stepped up its game. No longer simply a diversion to be enjoyed individually, Americans are increasingly watching others play video games like they might watch television. This practice, where enthusiastic gamers broadcast their video game session online to crowds of viewers, is called “live streaming.While streaming has become lucrative and popular, American copyright law currently nerfs this nascent industry. Streams are considered unauthorized derivative works, mere adaptations of whichever video game the streamer plays. Therefore, little copyright protection is typically extended to video game streams. As a result, game developers can wield take-down notices with impunity, erasing a streamer’s online content and, with it, their income
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Disclaimer
Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for ‘Fair Use’
for purposes such as criticism, comment, news reporting, teaching, scholarship, and research,
Fair use is a permitted by copyright statute that might otherwise be infringing, Non-profit, educational or personal use tips the balance in favor of fair use
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