Legal Streaming: Build Your Audience Without Getting GG’ed

In a nutshell, “fair use” means a streamer can broadcast her gameplay “for purposes such as criticism, comment, news reporting, teaching . . . scholarship, or research . . . .” Whether reproduced content is “fair use” depends on a number of factors: the purpose and character of the use; the nature of the copyrighted content; the amount of content used in relation to the copyrighted work as a whole; and the effect of the use on the potential market for or value of the copyrighted work. Id. For example, a broadcaster’s gameplay is more likely to be protected “fair use” if accompanied by the broadcaster’s running commentary. – Seth Northrop & Li Zhu, TechCrunch