Fair Use And Transformative Works In Videogames

Arya Mishra, BBA LLB, KIIT School of Law

ABSTRACT

Venturing into the world of video games, where pixels collide and stories unfold, reveals not just a playground for players but a battleground of legal complexities. Beginning with the proliferation of Let's Play videos on websites like as YouTube and continuing with the adrenaline-fueled speed runs that are broadcast on Twitch.tv, the gaming world has evolved into a phenomenon that is observed all over the world. However, despite the excitement of gameplay and the commotion of online groups, there is a danger lurking in the shadows: the threat of copyright law. Within this digital sphere, where creativity and business collide, there are a multitude of questions: Are Let's Plays merely a form of entertainment or do they constitute an infringement of copyright? The question is whether livestreams give games a new lease on life or whether they strangle the rights of the developers. We invite you to accompany us as we embark on a voyage across the pixelated landscapes of video game culture. Along the way, we will navigate the twists and turns of copyright law, fair use doctrine, and the ever- shifting dynamics of the video game industry. The quest for understanding, the desire for balance, and most importantly, the quest for the core of gaming in the digital age are all part of this endeavour.

Keywords: Video games, Let's Plays, Livestreams, Copyright Law, Fair Use, Public Performance, Transformative Use, Market Effect.