Darkness II (SWA) LP 10

Original Airdate: January 2014
Originally aired at http://www.youtube.com/strangewhispers71

Important note – Take2Games recognizes Let’s Plays of their games as fair use, as long as there is narrative overlay of the player and it is not only comprised of cut scenes (actual gameplay must be involved as well).

Take2Games EULA: http://www.take2games.com/eula/

USER CREATED CONTENT: The Software may allow you to create content, including but not limited to a gameplay map, a scenario, screenshot of a car design or a video of your game play…

In addition Take2Games specifically addresses let’s play in their support section of their website: https://support.rockstargames.com/hc/en-us/articles/200153756-Policy-on-posting-copyrighted-Rockstar-Games-material

Question: Am I allowed to post game footage on YouTube or other websites? Can I use copyrighted material on fan sites if it is for non-commercial use and doesn’t have spoilers?

Answer: Generally Take-Two Interactive does not object to fans using materials for non-commercial uses in a manner which does not intentionally spoil the plot for others. “Non-commercial” means that you don’t sell site membership, or use the material to promote a product you sell on the site like a shirt or wallpaper. Take-Two Interactive does reserve the right to have its copyrighted material taken down at any time. If you have further questions or concerns, please contact copyright@take2games.com

We’re happy for fans to upload footage of their gameplay – we love seeing machinima from our games and even share some of it with our fans on the Rockstar Newswire from time to time. We do have just a few guidelines that we ask you to follow if you are going to post or stream on video sharing sites.

To make our position on this subject easier to understand, we have put together a list of content that, if posted, would result in a take-down notice:

Pre-Release Footage: No pre-release leaked footage of any kind: Any posting of in-game footage from leaked copies of the game prior to its official release date will be taken down, regardless of how the game was obtained. This includes “early unboxing” videos.

Spoilers: Posting video showing the ending of the game, pure cutscenes or any other big reveal in the story. It’s ok to show cutscenes as part of a larger play-through (or in a narrated ‘Let’s Play’ type video) but isolated videos of the game’s cinematics will be removed. If you are unsure if what you want to post is considered a spoiler, please contact copyright@take2games.com and describe exactly what scene you are wondering about and in what context the scene would appear.

In-game Entertainment: Things like the TV shows and comedy performances in Grand Theft Auto IV, or the silent movies in Red Dead Redemption. We prefer fans to experience these in the context of the game’s world, so any posting of these in isolation will be flagged for removal.

Second String General’s RESPONSE
Please note that there are no pure cut-scenes posted, they are posted in conjunction with the rest of the gameplay so there are no spoilers, there are no pre-release footage and no in-game mini-movies presented without the rest of the gameplay.

Per Take2Games own requirements this Let’s Play meets all definition of fair use (including creating a new experience with my own gameplay and narration).

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