All’s Fair in Love and War but Nothing’s Fair Use on YouTube: How YouTube Policies Favor Copyright Owners and Hinder Legal Fair Use

The creation of YouTube in 2005 and the subsequent development of Let’s Play videos transformed the way video game players experienced video games. Instead of simply playing video games, the Let’s Play phenomenon gave players the ability to record and upload to YouTube livestream videos of themselves playing their favorite games, while providing commentary and tips, and entertaining their viewers. This Article examines what happens when a cutting-edge online trend redefining how video game players experience gaming runs head-on into the copyright interests of one of the world’s largest video game producers. This conflict was illustrated when Nintendo was forced to respond to a craze that swept the internet in the 2010’s – Let’s Play videos. This Article examines Nintendo’s Legend of Zelda franchise, particularly Twilight Princess, to determine the potential copyright violations of Let’s Play videos, and to try to understand the strategic business decisions Nintendo contended with in determining how to respond in a manner that addresses its copyright interests along with the interests of Let’s Play creators and its customers.