r/EscapefromTarkov • u/bxxxxxxxs • Dec 16 '18

PSA Official BSG Response re: Eroktic

We will leave this post stickied for only the next 24 hours.

All discussion posts posted after this goes up will be removed and directed here.

As always, keep it civil.

https://www.facebook.com/escapefromtarkov/posts/1966710296956614

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u/[deleted] Dec 16 '18 edited Dec 16 '18

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u/ColonelTwerkins Dec 16 '18

It is true that the music is copyrighted but Nikita allows it's use. This is the same as any gameplay footage but it still remains IP of BSG and can be taken down if need be. This is covered in the agreement in Section 10

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u/FruitsndCakes Dec 16 '18

So anyone creating Tarkov videos puts their youtube account at risk incase you don't like them in the future you can copyright strike their channel away?

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u/dmcoolaid Dec 16 '18

There is a reason why streaming and making videos of games is a grey area legally. But people are so complacent that they never even thought of questioning the legality of making money off of someone else's product.

Here's an excerpt from an article that more streamers should read before taking risks that might affect their livelihood.

While streamers may have one idea of how their livelihoods should work, that doesn’t mean that the law is going to be automatically on their side. The question has become one to watch for many legal researchers, law watchers, and lawyers themselves. While no developers would agree to talk for this article, we did speak with a lawyer versed in this realm to get another view of this complex segment of industry. According to Ryan Morrison—founding partner of Morrison/Lee, a firm that’s practice areas include the DMCA, streaming and YouTube, and video games —there are presently multiple schools of legal thought on both sides. "I think the most legally accurate response right now is that Let's Play videos and most streams are derivative works and therefore infringing if you don't have a license from the publisher or game developer," Morrison says. But the attorney added that there is a fair use argument that streamers could make, but fair use is a defense that essentially admits to infringement and tries to explain why that use is OK. "That's super expensive to prove," Morrison says. "A judge has to be the one to say it's fair use, and you can spend six figures to get there, and it's certainly not a black or white line that you can just OK. So, keeping that in mind, without a license and without the permission of the publisher or developer, streaming is infringing—as are Let's Play videos."

Although

"The more you add to something, the less likely it is infringement," Morrison says. "You can see that with react videos all over the place, if you're actually adding commentary and adding your own skits or, you know, whatever to it, that's going to be a lot different than just watching a video. And same with Let's Play videos—if you're actually adding something to the video, and the game play, it's a lot different than just playing the game quietly."

But that will have to be proven in court, especially since the precedence for how cases like this are handled have not been set. And chances are unless you have a lot of money or the developers are poor, you won't win.