Why Does Nintendo Want This Superfan’s YouTube Money? | WIRED

The issue, he says, is fair use rarely applies “when you copy the whole thing.” But the videos undoubtedly offer commentary and transformative purpose—which is the first factor in copyright analysis and fair use. “Are we doing something new? Are we taking the viewer of the Let’s Play video somewhere they wouldn’t have been if they were just playing the game? Probably, the answer is yes.”

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