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Re:WoW streamer hires YouTubers who leeched off his stream t... by andreareina on Sunday December 15, 2019 @06:58AM (#21795812)
The general rule for derivative works is that you own the changes, but you still need the original copyright holder's permission to distribute the changed version. Thus the reuploader owns the sequence of play(stream, start, end) instructions that make up the edited version, but the streamer still owns the stream itself.

So the publishers own the game, the streamer owns the performance, and the reuploader owns the edit. In theory each requires permission from the previous (including transitive relationships, so the reuploader requires permission from the publisher since the edited version still contains content from the game).

Re:WoW streamer hires YouTubers who leeched off his stream t... by gpm on Sunday December 15, 2019 @12:24PM (#21797409)
> In theory each requires permission from the previous

Up to fair use. There's a good argument that streaming a game is fair use. It's highly transformative, not a market substitute, contains criticism/critique/commentary on the original, and contains only a fraction of the game. That's hitting all four of the factors considered to at least some extent [0].

Reuploading someones stream exactly, no way in hell is that fair use. It's not substantially transformative, it is a market substitute, it is for profit (as is the original stream) and it doesn't contain any added commentary or criticism, it might be only a fraction of the stream, but that's one factor out of four at best.

[0] https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors

IANAL

Re:WoW streamer hires YouTubers who leeched off his stream t... by wolfgke on Monday December 16, 2019 @04:33AM (#21801885)
> Up to fair use. There's a good argument that streaming a game is fair use.

This is a very US-centric perspective. For example, in Germany's Urheberrecht, there exists no concept of fair use.

Re:WoW streamer hires YouTubers who leeched off his stream t... by skrebbel on Monday December 16, 2019 @04:24AM (#21801838)
This was the insight I was looking for, thanks!
Re:WoW streamer hires YouTubers who leeched off his stream t... by eru on Sunday December 15, 2019 @08:44AM (#21796167)
And in most cases these days the games company gives (at least implicit) approval.
Re:WoW streamer hires YouTubers who leeched off his stream t... by Mirioron on Sunday December 15, 2019 @11:39AM (#21797060)
It makes sense to do so, because games and streams do not compete with one another as much. Edits of someone's stream probably competes more with the stream itself.
Re:WoW streamer hires YouTubers who leeched off his stream t... by eru on Wednesday December 18, 2019 @12:15AM (#21822035)
Yes, it makes sense for the game company. The stream is more of an advertisement than competition.

I can see that if you organized game-streaming as an entertainment provided by a company, that company would most likely want to hire an editor to provide a best-of version.

(That's essentially how all those reality TV shows like Big Brother worked. Plus some extra dramatization, of course.)

There's economic value to consumers in getting the best-of version, so I am hoping that the participants will find a way to share the larger cake.