right in the campo

7

All over the city of Rome this evening, altars of repose were set up for the Blessed Sacrament at the conclusion of the Mandatum Mass of Holy Thursday. These seven are all in or near the Campo Marzio region. From left to right, from the top: Santa Maria sopra Minerva; Sant'Ignazio; San Luigi dei Francesi; Santa Maria dell'Anima; Sant'Agostino; Sant'Apollinare; and San Marcello al Corso.  

anonymous asked:

What's the offical stand for publishers on LP livestreaming their games & when they can use a copyright takedown?

Livestreaming is not fair use, but it is permitted use. Twitch.tv and youtube actually have limited licenses from game publishers to allow users to stream and upload video content from their games with certain stipulations in the game’s EULA. Those limited licenses can be revoked at the owner’s leisure. The official publisher position on livestreaming and let’s play videos is in the EULA of the game that you always agree to when you install the game. Nintendo, for example, stipulates that they can take some or all of the monetization of livestreamed let’s play videos on youtube.

The general rules include “the publisher reserves the right to revoke the license to its IP at any time when they believe infringing is happening”. Most of the time it means that the publishers just want to stop people from being able to use or pirate game content without permission, but with things like let’s play videos it can get uncomfortable for IP owners. Copyright law exists to protect the ownership rights of creators. For a company like Campo Santo, they [grant a license to stream on their website]… but it’s not perpetual. It can be revoked at their discretion, and its revoking allows them to use the DMCA to take down content they dislike… as is their legal right. 

Fair Use doesn’t have a stringent legal definition and is one of those weird “I know it when I see it” things that only really gets decided in court. That’s why it’s always decided in a case-by-case basis and has to actually go to trial in order to use Fair Use as a defense. Most of the time, for something to be considered Fair Use, it has to be transformative - that is, the reason people are interested in it cannot be the same reason as the source material. So, for example, Fair Use could be using clips from a film in a classroom setting to teach storytelling concepts. The source material is primarily entertainment, while the class material would be teaching story structure fundamentals - people would not go to one, thinking it is another. Let’s Play videos have a hard time proving that the content is transformative, because the streamer would have to prove that the audience is there only for the streamer’s added commentary and that the source material from the game doesn’t affect their material. That could be pretty difficult for the court to swallow - the streamer’s lawyers would have to prove that the entire audience has no interest in the events of the game itself.


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