You mean the fact that ICE parodied Pokemon cards? I imagine it would fall under “fair use”. Plus, a lawsuit is only useful if a court enforces it. A judge is not going to be awarding massive damages against a government agency over a joke
Pretty sure it’s in response to them using the theme song. Idk if Nintendo even owns the rights to that song outside of using it as the theme for their show though. Still people aren’t super happy with Nintendo going “we didn’t say they could use it but we are not taking it down like we would if it was a fan project.”
I’m 99% sure it falls under fair use. There are a shit ton of social media videos that use songs and show clips from the anime. Virtually every YT channel uses Nintendo music from their games as background music, too. Searching “Pokemon theme song” on youtube shows dozens of results so they’re obviously not taking those down either.
It’s not comparable to them taking down fan-works.
why would fan works not be under fair use as long as it’s not for profit?
That’s something that fan-fiction authors cling to, but it’s not accurate. Even if it doesn’t make money it’s still infringement. It just means there’s nothing to go after, so IP owners tend to leave them alone.
Nintendo has issued strikes over a wide variety of youtube content for use of their music, from dedicated fan creators using Legend of Zelda or Super Smash Bros music over Lets Play style videos, reviews, etc, to an entire channel that hosted just Nintendo music (GilvaSunner). 2022 saw over 2200 strikes in just that year.
Edit: Just to mention, the copyright act still applies to the federal government, as well as the state government. This has been in place since 1990. The joke of a supreme court we have now muddied the waters in 2020, but its more about state sovereign immunity in federal court, not about federal agency & copyright.
Yes, claims can be brought, damages can be required, and not any use can be considered fair use. Notably, damaging the brand by negatively impacting market value through the presentation excludes as fair use.
Literally, thank you. This is not the axe to grind with Nintendo. I don’t disagree with their stance here at all—am a lawyer. It’s absolutely fair use and would be a losing lawsuit.
Also, why the FUCK is ANYONE expecting a corporation to fight fascism? If you think that’s a corporation’s role in society, put down the phone and sprint to your local fucking library.
Only if Nintendo goes after something that could be defended as parody. But they know to choose their battles carefully, they only threaten legal action when they know they can win, and this won’t change those kinds of cases.
You mean the fact that ICE parodied Pokemon cards? I imagine it would fall under “fair use”. Plus, a lawsuit is only useful if a court enforces it. A judge is not going to be awarding massive damages against a government agency over a joke
Pretty sure it’s in response to them using the theme song. Idk if Nintendo even owns the rights to that song outside of using it as the theme for their show though. Still people aren’t super happy with Nintendo going “we didn’t say they could use it but we are not taking it down like we would if it was a fan project.”
I’m 99% sure it falls under fair use. There are a shit ton of social media videos that use songs and show clips from the anime. Virtually every YT channel uses Nintendo music from their games as background music, too. Searching “Pokemon theme song” on youtube shows dozens of results so they’re obviously not taking those down either.
It’s not comparable to them taking down fan-works.
Genuinely asking, as I’m not that versed on copyright, why would fan works not be under fair use as long as it’s not for profit?
That’s something that fan-fiction authors cling to, but it’s not accurate. Even if it doesn’t make money it’s still infringement. It just means there’s nothing to go after, so IP owners tend to leave them alone.
I see, thanks! Transformative work copyright is always confusing to me.
Nintendo has issued strikes over a wide variety of youtube content for use of their music, from dedicated fan creators using Legend of Zelda or Super Smash Bros music over Lets Play style videos, reviews, etc, to an entire channel that hosted just Nintendo music (GilvaSunner). 2022 saw over 2200 strikes in just that year.
They are famously protective of their IP, including in situations of fair use..
Edit: Just to mention, the copyright act still applies to the federal government, as well as the state government. This has been in place since 1990. The joke of a supreme court we have now muddied the waters in 2020, but its more about state sovereign immunity in federal court, not about federal agency & copyright.
Yes, claims can be brought, damages can be required, and not any use can be considered fair use. Notably, damaging the brand by negatively impacting market value through the presentation excludes as fair use.
Literally, thank you. This is not the axe to grind with Nintendo. I don’t disagree with their stance here at all—am a lawyer. It’s absolutely fair use and would be a losing lawsuit.
Also, why the FUCK is ANYONE expecting a corporation to fight fascism? If you think that’s a corporation’s role in society, put down the phone and sprint to your local fucking library.
Now the big question is: can this be used as case law against future attempts by Nintendo to stomp on fair use and other parody works?
There’s no case, so there’s no case law.
Only if Nintendo goes after something that could be defended as parody. But they know to choose their battles carefully, they only threaten legal action when they know they can win, and this won’t change those kinds of cases.
They could file a DMCA claim against use of the theme song. Corps have done it to videos before to get them taken down.
deleted by creator