Nintendo Now Allows Derivative Works?

[SAJewers]

http://redd.it/2mknjs

http://www.neogaf.com/forum/showthread.php?t=934441

During an event from Dwango for announcing a new gaming event which I covered here:
http://www.neogaf.com/forum/showthread.php?t=934426

Nintendo is revealed to be a special sponsor and Iwata appears through a video.
Iwata announces that Nintendo now officially gives it's permission for anyone to use their properties for derivative works, even showcasing videos of famous Let's Plays, music covers, fanarts.

Iwata also announced a "Creative Endorsement Program" where Nintendo will reward money to creators with well-received work. This program is only applicable to Nicovideo.jp, which is under Dwango.

Source: It is a video shown through a livestream, I'll wait for someone to upload it and link it :(
Here's an article from a news site about it: http://www.4gamer.net/games/999/G999905/20141117079/

EDIT:
I've made a mistake, the Creative Endorsement Program did not come from Nintendo, but was originally created by Nicovideo (Dwango) for plenty of works. Nintendo only announced that it's titles are now eligible for it!
The Creative Endorsement Program was set up back in 2011 to reward creators who made highly viewed videos.
Sorry for the mistake.

Would a mod help me edit my title? Thanks!

[Bwarch]

And a great day was had, the sun shined, the birds sang.

This is not the same Nintendo that flagged Let's Play videos and directed the monetization to themselves, and for that, I am glad.

[FancyFancy]

So yes. Not that it stopped anyone making funny Nintendo-related stuff on YouTube, but now they're A-OK to go completely ham I'm sure.

[SAJewers]

Another Article: http://nintendoeverything.com/nintendo- ... for-japan/

[Oddwrath]

Keep in mind though that Nintendo of Japan =/= Nintendo of America. In fact, I'm pretty sure these decisions against LPs were done by NoA.

[Rixithechao]

So, lemme make sure I have this right... the derivative works thing applies to everyone but the endorsement program is just NND?

Regarding NOJ vs. NOA, I'd imagine NOJ's authority supercedes NOA's considering the company's based in Japan. If the derivative works announcement does apply to everyone and not just a specific group of people, then we should be clear.

Though... what do they consider "derivative works"? Are fangames and engines like SMBX safe now as long as they continue not making a profit,or are they still at risk because they could be considered competition? Especially considering Mario Maker is on the horizon...

[SAJewers]

I don't really know. The NeoGAF thread's main source is a video that I don't think has been uploaded/linked anywhere yet, and the only articles about it (that aren't just linking to the NeoGAF thread) are in Japanese. Someone want to translate?

[jayScribble]

I don't really know. The NeoGAF thread's main source is a video that I don't think has been uploaded/linked anywhere yet, and the only articles about it (that aren't just linking to the NeoGAF thread) are in Japanese. Someone want to translate?

Howikawa's more likely to get the job done. Her, or KobaBeach or Rena(Beach).

[Bwarch]

Koba knows japanese? News to me if so, but I don't think he does. In that case, Rena or Horikawa yes.

[onpon4]

Though... what do they consider "derivative works"? Are fangames and engines like SMBX safe now as long as they continue not making a profit,or are they still at risk because they could be considered competition? Especially considering Mario Maker is on the horizon...

What's a derivative work is determined by copyright law.

I'm not so sure about fangames being derivatives of Nintendo's work. Typically, a fangame consists of some works by the author of the fangame (levels and usually an engine), and some unmodified works by Nintendo (graphics, sounds, music). I'm not so sure that the game as a whole can be called one work, and I don't think there's ever been a court case determining the answer to this question.

I should also point out, if you live in the U.S., fair use doctrine likely already authorizes you to write the kinds of derivative works Nintendo is supposedly giving permission for; transformative works being protected by fair use is well-established in the U.S., and it seems to me that most of what is being given permission for would successfully count as transformative. So if you're in the U.S., it's probable that not much has changed. On the other hand, Canada's "fair dealing" law is much more narrow than "fair use" in the U.S., so this might be very useful to those of you in Canada. I also know that Japan's copyright system is extremely draconian (though the only detail I can recall is that downloading an unauthorized copy of a work can land you in prison for 3 years), so this permission grant is probably very beneficial to people who live in Japan.

Of course, I'm not a lawyer, though, so don't take any of this as legal advice.

[Ashan]

Looks like Nintendo is still pulling some garbage on YouTube.


This is the image that apparently on its own is enough for a copyright strike:

[Bwarch]

Really really really detesting Nintendo's Youtube presence honestly. Every time I turn around somebody is getting flagged for covering new Nintendo games.

[raekuul]

My SMB2 Lua HUD demo got content id matched for the potionworld music, so it's definitely not an across-the-board decision by Nintendo.