Why PewDiePie cannot claim āfair useā.
PewDiePie's "Let's Play" videos don't qualify as "fair use" Ā because "fair use" is a DMCA exception that protects criticism, parody, and other creative repurposing of a copyrighted work. Fair use is a broad standard decided on a case-by-case basis, but artists and entertainers in some fields can look at past legal decisions for a sense of whatās acceptable. For Letās Play videos, these cases are almost nonexistent. James Rolfe's "Angry Video Game Nerd" series - where he uses footage of retro games interspersed with comedic acting - and his "James & Mike Mondays" series with Mike Matei - where they play through a retro game and break away every now and then for commentary including praisal and criticism of certain game aspects - is a shining example of "fair use".
Cinemassacre (Rolfe/Matei) can claim "fair use". PewDieShit cannot.
