I am somewhat concerned. Would it be considered a violation under this new bill being proposed to upload gameplay/commentary videos to Youtube or a personal website?
Intellectual Property law can be quite a sticky subject. Some might argue that so long as commentary was added it would constitute a "significant addition of original content" and thus qualify under Derivative Works copyright protection, but then the RIAA has already been successful in banning and prosecuting original video content for having even parts of copyright songs in the background, which throws that existing law right out the window without having to bother repealing it. (I guess if you have enough money you're above the law?)
Anyway, it says the content would have to be valued at over $2,500 or licensing fees greater than $5,000 to count but I’m not sure how this is established either. Consider the 14 year old girl who's guardian/grandmother was sued (successfully) for millions because she didn't know to turn off hosting in Napster (way back when), and people downloaded a song from her computer a bazillion times. They were charged for every single download! (Double-jeopardy apparently thrown out as well.)
I would like to be able to post some videos, but until it is clarified from an official source I just can’t justify risking a FELONY and up to FIVE YEARS in PRISON!
Just another example of how we are slowly DESTROYING the internet and incentive to create new entertaining and quality CONTENT.
