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.
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