There’s also the fact that when it comes down to the bare bones of this matter, Rockstar Games has more claim to the video than Samsung. So yes perhaps the handset looks the same but the fact that it can be thrown and explode is most certainly “transformative”. “Courts typically focus on whether the use is “transformative.” That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original,” the guideline reads. One could argue that using the likeness of the handset is a copyright infringement but fair use has that covered in the first of its four determining factors.
Indeed there are still numerous videos showcasing the mod that have not been taken down, yet. It’s also not beyond the realm of possibility that a bot trawling for copyright infringements targeted the aforementioned video rather than Samsung targeting it intentionally. Now, its not uncommon for YouTube videos to be hit with copyright claims but YouTube states very clearly before a user submits a copyright claim to consider, “whether fair use, fair dealing or a similar exception to copyright applies.” Going to the video now presents the user with the notice, “This video is no longer available due to a copyright claim by Samsung Electronics America Inc. Navigating to the video titled “ GTA 5 MOD – Samsung Galaxy Note 7 (Bomb)” a few days ago and you would have seen a display of the mod. While such takedowns are par for the course from gaming companies, it’s disappointing that Samsung has decided to take this route to silence its critics - by misusing YouTube’s copyright claims.We don’t often cover YouTube takedown notices but this one is both current and strange.Ī video on YouTube showing off a GTA V mod by HitmanNiko which turns a sticky bomb into a Samsung Galaxy Note 7 has been hit with a copyright infringement claim. It will be interesting to see how “frictionless” the process is this time around. We're an intermediary, we don't decide what happens with the content but we can facilitate resolving those conflicts when they occur." We are doing things to improve the dispute process, the resolution process, enable more of a frictionless process to resolve those disputes when they happen. "The position we're in is we're the platform and depending on the laws of the country we're obligated to comply with these claims.
"They're not taken down for no reason, there's someone who asserts a copyright claim against a video," he said. (Also see: We Played GTA V on PC, Here's What You Need to Know ) One example is that of YouTube personality Angry Joe who had his video on Street Fighter V taken down despite the game's publisher Capcom requesting him to cover it.Īt the time, John Harding, Vice President of Engineering at YouTube told Gadgets 360 that as a platform there are certain responsibilities that it must be careful about. In the past gaming companies have been notorious for abusing the system to take down videos that show them in poor in light. (Also see: YouTube's John Harding: Content Takedowns Can't Stop Will Be 'More Frictionless' )
and its affiliates,” the video now reads. “This video is no longer available due to a copyright claim by Samsung Electronics America, Inc.
It’s yet another example of companies abusing YouTube’s lax copyright claims. This has resulted in its removal from YouTube.
The company has issued a DMCA takedown for the video showing off the mod. However it appears that Samsung doesn’t share the same sense of humour. So much so a video of the mod found its way onto YouTube. An amusing addition to a game know to parody real life scenarios.
Around a week ago, Grand Theft Auto V for the PC got a rather amusing piece of user created content or a mod as it’s commonly known, which turns the game’s sticky bomb into a Samsung Galaxy Note 7.