Sued for Copyright

http://waxy.org/2011/06/kind_of_screwed/

In Andy Baio’s case, I do believe that they had rights to sue him for his actions. From my understanding, “fair use” rule only supports the idea of using others’ work without permission for commentary and criticizing purposes, but this is not what was happening. He used the photographer’s work to make his own album cover.

Appeal Finds Fair Use In Richard Prince’s “Canal Zone” Series

This case, on the other hand; I feel it was following the “fair use” rule slightly better. Things are drawn on the original picture to indicate some sort of a commentary.

Creativity and Copyright

Copyright is the use of others’ work without proper written permission; not abiding the law could lead to serious legal troubles. Copyright law exists due to certain people, institutions, and so forth, not wanting others to utilize their production; they want them to be exclusive to their own selves. On the web, however, I personally don’t feel this particular rule is enforced very strongly, which allows users to set their creativity free. When it is enforced, most people would have to face is taking down the content. “Culture. In computer terminology, read-write culture. It’s a kind of culture where all people participate in creation and re-creation, which makes it read-write.” This is a quote from Larry Lessig’s TEDTalk How Creativity Is Being Strangled by the Law. People do put their hands together on getting things done and having things come into fruition, and I feel that the less it is restricted, the better it is for us.

Nintendo: No Piracy! (Copyright)

YouTube user PangaeaPanga had recently gotten an e-mail from Nintendo on his channel content, claiming the following:

We wish to inform you that the videos in question infringe Nintendo’s copyrights. As the owner of the copyright in the games: Mario Kart 8, Super Mario World, and Pokémon, Nintendo has the exclusive right to perform the games publicly or to make derivative works based on the games. By making a derivative work using Nintendo’s IP, and then displaying Nintendo’s IP on your YouTube channel, you have violated Nintendo’s exclusive rights.

Nintendo understands that its fans are the reason for its success, and we are always happy to see people share their passion for Nintendo’s games. At the same time, Nintendo’s intellectual property constitutes its most valuable assets, and the unauthorized use of these assets jeopardizes Nintendo’s rights. Because of this, we ask that you please remove the video in question from your channel, and confirm that you will not post any videos using unauthorized software or copies of games, distribute or continue work on the modification, or take any other steps that would infringe Nintendo’s rights.

Nintendo encourages fan engagement on YouTube through the Nintendo Creators Program. Under the program, participants are granted a license to use Nintendo’s characters, games, and other intellectual property, subject to the Code of Conduct included with the agreement. However, please note that this Code of Conduct prohibits you, among other things, from posting any content using unauthorized software or copies of games. This includes videos featuring tool-assisted speedruns, which require making a copy of a game’s ROM file, and running the copied ROM through an emulator. If you are interested in learning more about the Nintendo Creators Program, please see: https://r.ncp.nintendo.net/

Thank you for your understanding.

Sincerely,

Nintendo Anti-Piracy Team

The definition of piracy is unauthorized use of another’s work–similarly to plagiarism–and it is a copyright infringement. Once someone holds the copyright to a certain thing, only they are able to set rules on what could or could not be done with it; failure to abide those rules could result in facing major legal issues, such as lawsuits.