A note about making fan videos of Giant Bomb or Gamespot

I know everyone right now is coming off of very tragic circumstances right now, and I as well am very horrified to learn the news of today. Giant bomb will never be the same again after the passing of Ryan Davis.

However in the past few months I was attempting to create an archival video of the "Best of Hotspot podcast" and timemarking and listening to every old Gamespot Hotspot podcast for the best moments. I asked for CNET's copyright if they would actually let me do this about 1.5 months ago. I never heard back.

After today, I thought I should make that compilation but as a "In memory of Ryan Davis: Best of Ryan Davis" all the way from Gamespot to Giant Bomb. Unfortunately this is what I got back.

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• RE: CNET.com Quote‏

From:	Lori Husted (lori.husted@theygsgroup.com)
Sent:	July-08-13 6:40:32 PM
To:	Me

Yes, please share this email, so that others know they may NOT use the content.

Thanks.

Lori Husted

Content Marketing Specialist

Content Sales & Licensing

The YGS Group

3650 West Market Street | York, PA 17404

p: 717.505.9701 x104 | f: 888-608-0288

lori.husted@theygsgroup.com | www.theYGSgroup.com

MARKETING SERVICES | PUBLISHING SOLUTIONS | PRINT OPERATIONS

Confidentiality Note: The information contained in this message is legally privileged and confidential; and is intended only for the use of the individual or entity named above. If the recipient of this message is not the intended recipient, you are hereby notified that any reading, use, dissemination, distribution or copying of this transmission is strictly prohibited.

From:

Me

Sent:

Monday, July 08, 2013 2:35 PM

To:

Lori Husted

Subject:

RE: CNET.com Quote

Is it okay if I inform others of this information by showing this email to prevent them from legal liability they may ensue of creating videos?

Thanks

From:

lori.husted@theygsgroup.com

To: Me

Date: Mon, 8 Jul 2013 14:20:41 -0400

Subject: RE: CNET.com Quote

Hello,

I have heard back from legal at CBS Interactive and they do not release any video content or allow any of their content to be altered in this way to make your own compilation video. I am sorry, but this type of usage would not be permitted.

Thank you.

Lori Husted

Content Marketing Specialist

Content Sales & Licensing

The YGS Group

3650 West Market Street | York, PA 17404

p: 717.505.9701 x104 | f: 888-608-0288

lori.husted@theygsgroup.com | www.theYGSgroup.com

MARKETING SERVICES | PUBLISHING SOLUTIONS | PRINT OPERATIONS

Confidentiality Note: The information contained in this message is legally privileged and confidential; and is intended only for the use of the individual or entity named above. If the recipient of this message is not the intended recipient, you are hereby notified that any reading, use, dissemination, distribution or copying of this transmission is strictly prohibited.

From:

Me

Sent:

Monday, July 08, 2013 1:54 PM

To:

Lori Husted

Subject:

RE: CNET.com Quote

Hello again,

I realize that you have not replied back on this manner, and that you may have ignored the request and I do respect that to an extent. However due to recent events I feel I need to inquire on this again. One of the CNET employees has passed away, one Ryan Davis who was much beloved in the CBS family in both occupations of editor of Gamespot and Giant Bomb. I wish to make a compilation video in memory of this employee and upload it on Youtube or other media services. All rights of ownership are owned to CNET.com if this video is uploaded, but may I please have permission to create this video or MP3 and share it with the public? This will include video and audio podcasts that are owned by Gamespot.com, and GiantBomb.com which are owned by the parent company at CBS.

Thankyou

From: Me

To:

lori.husted@theygsgroup.com

Subject: RE: CNET.com Quote

Date: Thu, 23 May 2013 15:13:30 +0000

Hi Lori,

I would just like to take content from one of your websites "gamespot.com" on their audio podcast called "the hotspot." and make a compilation video from the podcast into a "best of Hotspot" spanning several years of this podcast taking several minutes from each week of podcasts that "The Hotspot" did.

I will then upload this video on youtube and possibly distribute them into MP3s and will not charge a fee for this content, nor for any monetary gain.

The purpose of this is for archival and entertainment purposes.

From:

lori.husted@theygsgroup.com

To: Me

Date: Thu, 23 May 2013 10:27:56 -0400

Subject: RE: CNET.com Quote

Hi Al,

Thank you for your email. Can you explain a little further what you would like to do?

Lori Husted

Content Marketing Specialist

Content Sales & Licensing

The YGS Group

3650 West Market Street | York, PA 17404

p: 717.505.9701 x104 | f: 888-608-0288

lori.husted@theygsgroup.com | www.theYGSgroup.com

MARKETING SERVICES | PUBLISHING SOLUTIONS | PRINT OPERATIONS

Confidentiality Note: The information contained in this message is legally privileged and confidential; and is intended only for the use of the individual or entity named above. If the recipient of this message is not the intended recipient, you are hereby notified that any reading, use, dissemination, distribution or copying of this transmission is strictly prohibited.

From:

Me (Al)

Sent:

Sunday, May 19, 2013 1:09 AM

To:

Lori Husted

Subject:

CNET.com Quote

Article:

http://www.gamespot.com/pages/features/hotspot/index.php

Name: Al

Company: Private

Phone: Redacted

Email: Redacted

Comments: Hi, am wishing for permission to use Gamespot Podcast "Hotspot" for a compilation video on Youtube consisting of "Best of Hotspot."

Now I know a lot of you are just going to go ahead and make the videos anyways for Ryan Davis. I'm not going to stop you, but have you know that you can be sued for liability for doing so and CBS does not allow it.

I'm not saying it's right or fair but the law.

I don't want to be a douche considering the news we have all recieved. The best of the Hotspot has already been done by a podcast called This Year. They did 05, 06, 07, and one titled Hotspot top 40.

Edit: If you want to make a video about Ryan Davis specifically. I say do it. I would, I should, if I had the resources and know-how I would have already done it.

I think it would be in Ryan's memory to especially make the video now. And don't worry I am sure there are hundreds of people willing to host the video.

People have and will be doing GB compilations for the rest of time. Fuck these shitty lawyers and ignore their bullshit.

They're legally obliged to say "no, you can't use that", but I don't think they'll say anything if you make a compilation and put it up on Youtube and don't make any money off of it. The worst they will do then is take down the video.

@insanejedi: I understand that it's a bit of a bummer, and that in the circumstances this might have gone up very quickly, but I would suggest editing out the still working links to her e-mail address from the original post.

Just the links or her Email alltogether?

I want everyone to note to PLEASE not attack her, she is not at fault and she works for a company that handles copyright for multiple different companies. If you must air your grievances please contact CBS interactive to change their policy.

Dude, seriously, there's not going to be any recourse because somebody used some old footage to make a memorial video or whatever. Can you even imagine the backlash? Flip that email the bird and do whatever you want.

@insanejedi: Just the links (as you've done now). Not that it's hard to guess her e-mail address, but... you know, the internet and all that.

Also, I'm going to echo what @believer258 said: I'm pretty sure they have to say the video and audio content is theirs (establishing copyright, or something), but enforcing it is something else. I would honestly ask around first. There are already scores of podcast excerpts and QL compilations on Youtube for many years now. Ask around if CBS' legal department has contacted any of their creators and what course of action they would suggest.

Though I highly doubt any of them has contacted CBSi before uploading the videos.

Addendum: I'm not saying go ahead, full steam. CBSi is in their full right to order your video to be taken down. The fact that there already are numerous compilation videos circulating on Youtube does not mean that it's "ok" to infringe on their copyright.

Fuck em', dude. Make the compilation.