Videogame Broadcasting: Exploring a Growing Industry’s Struggle with Copyright Claims

Abstract

In the videogame industry, tournament play is crucial for game publishers in creating a loyal fan base. Tournament play has spurred the development of third-party markets including streaming, commentary, and "modding" "”creating complementary software for existing games. This essay will examine the intertwined industries of videogames and streaming tournaments, and their turbulent relationship with copyright law through a case study of Super Smash Bros. Melee. In addition to exploring Nintendo's valid claims for protection under copyright law, this essay will analyze possible solutions to streaming copyright violations utilizing the fair use defense, including wider industry changes like implementing mechanical licenses for videogames to allow streaming to continue without copyright violations.