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What's people's opinion of the rules/laws for commercial game/game screen footage within a video?


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So in Fiverr's Terms of service it says that gigs may be removed for "...Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service...".

Also, in Fiverr's video editing subcategory there's a "type" option that's called "Gaming videos", with over 7,000 gigs.

There's also lots of Youtube videos with gaming videos, so the game companies probably don't mind people posting their gaming videos there. But the gaming companies will own the rights (copyrights/trademark rights) to their graphics/characters.

But 1) What's the rules legally about using footage from a game in a video, including if the video wouldn't be about playing the game (eg. where the rest of the video was about making and/or animating a character from that commercial game out of clay (where the character is copyrighted/trademarked to the gaming company)?

2) What about the fact that US has fair use exemptions but some other countries don't (eg. the UK has fair dealing but that's for things like reporting, or if something is a parody - what if the intended video wasn't a parody?)?

Edited by uk1000
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