I assume this was for copyright reasons, but I still don't understand why they'd be required to do this because video game footage is featured in the AVGN online videos and on the DVDs... both of which of course generate money.
The only reason I can come up with is maybe there are tighter restrictions when it comes to featuring game footage in something that is going to be theatrically exhibited.
Films are a whole different ballgame than online videos. They had to get licenses for using Atari's name and their consoles but Atari don't own the rights to the ET game, Universal and Spielberg do. They tried to get in contact with them but were out of luck so couldn't use any of it's names or imagery.
As far as copyright issues with the actual game footage, they had lawyers look into it but the legality isn't clear because there hasn't really been a movie like this before where the main purpose is a game review.
Apparently there are legal differences between distributing a video series online or on home media taking advantage of the fair use policy and doing a distributed movie because it has its own set of rules. They decided to play it safe in case there was a possibility of them being sued because nobody really knew the ramifications if they had used any real game footage for a theatrically distributed film.
I can understand there being a different set of rules when it comes to online videos... but I'm more so confused about the AVGN Series DVDs being sold online. They're sold from the Screw attack store. Isn't that a form of distribution?
Also, there have been AVGN episodes shown at screenings before. I remember the Nintendo World Champions Review premiered at a Q&A... and also, there was a premiere at this one theater of the AVGN trailer, and along with the trailer they showed two different episodes of AVGN... and I assume that the people attending paid their way in.
So I'm still confused.
As far as DVD distribution, the same separate rules apply. Video game footage falls under the fair use act whereas film footage and sound fall under copyright laws and the distributors must get permission from the copyright holders to use them. That is why James removed all film footage and music such as in his Back to the Future and Rocky reviews and replaced them with still images or new original footage and original cover music to avoid copyright.
A theatrical release falls under a completely different set of rules and DVD distribution of such a release has those same rules. As I said nobody knew the true legality of using video game footage in a film release. It could have been that they didn't need to use fake game footage but chose not to risk any potential legal loopholes and face possible legal action.
That's why after the film was released James uploaded the E.T review from the film as a standalone episode but instead used footage from the real game because it fell under fair use as an online video. Screening his videos at conventions isnt breaking copyright either because the videos are still online videos using the fair use policy and as I said before there may not even be a problem with distributing game footage in that way because the legality of it all is so unclear.
Thanks for the info. One reason that I was curious is because I've made several movie parody's. I'd like to upload them to YouTube as well as one day compile them and sell them online on DVD/Blu-ray. I guess that parody's fall under the fair use act along with reviews. I was gonna take out all the copyright music that they contain, but thought that it might just be a lost cause, because I've heard of people needing to attain the rights to a character before being able to use them or make money off of that property in any way. I guess it's all good though as long as you don't plan a theatrical release with the character.
Are there greater restrictions on a parody if it's feature-length?
I'm also concerned about logos. Is it okay to feature like a Pepsi can in your video? I assume so sense the Nerd drinks Rolling Rock. Does the same go for like the McDonald's arches or the Batman emblem? In this episode of the prank series Impractical Jokers I notice that they blurred out the Batman logo, but you could still make out what it was. You'll see them do this with images on shirts and hats alot too. One thing that'd be difficult to avoid is like the Chevy or Ford emblem on vehicles.
Speaking of pranks, I've always been confused as to why certain people faces will be blurred out. You legally don't own your image. I was confused how on Bad Grandpa .5 they were trying to get people to sign release forms.
Also, when it comes to cover songs of copyrighted music, can't some of those cover songs still be copyright infringing if it's TOO similar to the song it's covering? Like for instance, if it's every single note of The Terminator theme, but played like on a flute by someone or something?
Releasing a parody should be fine as long as it doesn't contain copyrighted material. Names and logos I'm not entirely sure on. I know James got permission to use the rolling rock brand but he has so many other logos and brand names in his videos that aren't edited out of the DVDs so it might be a case of the type of material it's shown on. Distributing a web series on DVD may be different than if AVGN was a network TV show.
There's also the factor of the size and demand of the distributor. For example the Irate Gamer released DVD's of his show that contain illegally copyrighted film clips left unedited but because he's such a blip on the radar, any monetary damages from what he earns from his DVD's aren't going to be significant enough for those movie studios to bother taking legal action.
However if someone like the Nostalgia Critic or AVGN who have a substantial fanbase and notoriety were to release their material unedited they'll be much more likely to see legal action because the monetary damages will be significantly higher.
Does anybody know if it's okay to use videogame music for you movie on YouTube or on DVD's to sell? For instance, I'm working on a Batman fan film. Would it be okay to use music from Batman: Arkham City? ...or is retro game music the only safe way to go? There's this theme in Mission Impossible 64 that goes along great with a scene in my James Bond parody.
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