Is Showing Live Play of a Game a Copyright Violation?

The answer is "We don't really know, but probably not". My favorite gaming news commentator, TotalBiscuit, takes on this question in the first segment of his latest "Content Patch" video. Nintendo have once again put their foot in it (like they did back in May) trying to restrict live-streaming of a competitive tournament using one of their games.

He mentions the case of Allen v Academic Games League of America which was appealed to and decided by the Ninth Circuit back in 1996. It applies to board games and the issue appears never to have been decided nationally, but the appeal affirmation touches on issues of whether public play is a derivative work or an impermissible public "performance" and concludes that neither doctrine applies.

After getting soundly thrashed on Twitter and Reddit Nintendo appear to have reversed course, which is good but as TB says this is further evidence of just how out-of-touch Nintendo have become. Well, actually he calls them "total dumbasses" but that's his style and it's why I like his videos.