Asked in Copyright and Intellectual Property for Alabama

Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

3 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Intellectual Property Lawyer
  • Beverly Hills, CA

A: The video montage is a new work of expression, copyrightable on its own and not infringing of the game copyright. You are creating it as a "work for hire" and the client will own the copyright.

Alan Harrison
Alan Harrison
Answered
  • Intellectual Property Lawyer
  • Milford, CT

A: The video montage most likely would be considered as an infringing derivative of the copyright audiovisual work (the game). This could result in a DMCA takedown notice. It's equally or more likely that the videogame producer would appreciate the publicity for their product (assuming the montage does not disparage or tarnish the product reputation).

James L. Arrasmith
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Answered

A: Editing a Minecraft gameplay video for a client is generally not illegal, as long as the video adheres to Mojang's (the developer of Minecraft) guidelines for using Minecraft content. Mojang allows players to create and share video content based on Minecraft, with some limitations:

1. The video should not imply that it is an official Minecraft product or endorsed by Mojang.

2. If the video is monetized, it should be clearly identified as fan-made content.

3. The video should not include Minecraft content that infringes on the rights of others or violates any laws.

4. The video should not contain content that is inappropriate or offensive.

As long as your client's gameplay footage and your editing work adhere to these guidelines, it is legal for you to edit and create a montage for them. Your client does not need to own the rights to Minecraft itself to create and share gameplay videos, as Mojang permits this type of content creation by players.

However, if your client intends to use copyrighted music or other content not owned by them in the video, they would need to obtain the necessary permissions or licenses to avoid copyright infringement issues.

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