@lamerwaffle @BrokutheMighty Actually, parody law = exactly this. You don't have separate fair use laws for different circumstances. It's all or nothing.
@richten71 @BrokutheMighty If it isn't guaranteed that they will lose money then no judge would side with Square-Enix. They would have to prove beyond a reasonable doubt that they would indeed lose money from this. Impossible if nothing is guaranteed.
@lamerwaffle @KimCheeWarriorX Nope, it's still fair use. If they are not making money and aren't preventing Square-Enix from making money off of it (they are in fact enabling Square-Enix to make a shit ton from new fans) then it is indeed fair use. For an example see: Dragon Ball Z Abridged, Yugioh Abridged.
@lamerwaffle @BrokutheMighty Nope, it's still fair use. If they are not making money and aren't preventing Square-Enix from making money off of it (they are in fact enabling Square-Enix to make a shit ton from new fans) then it is indeed fair use. For an example see: Dragon Ball Z Abridged, Yugioh Abridged.
@lamerwaffle @BrokutheMighty @JusXice Actually, yes it is. If they are not making money and aren't preventing Square-Enix from making money off of it (they are in fact enabling Square-Enix to make a shit ton from new fans) then it is indeed fair use. For an example see: Dragon Ball Z Abridged, Yugioh Abridged.
@lamerwaffle @BrokutheMighty Uhh, it pretty much is a 2 out of 3 thing. I would be more than willing to bet you a thousand dollars that a judge would allow this group to continue on with their project and would force Square-Enix to pay the costs of the groups' lawyer if this went to trial. Oh, but wait, you wouldn't be able to take that thousand dollars because according to you anything made with a reference to FF7 is exclusive intellectual property of Square-Enix. This bet would be made with a reference to FF7 so that money wouldn't be yours.
@lamerwaffle @BrokutheMighty It doesn't if it's their property. Fair Use was created so that IP Law wouldn't stifle creativity and this is a prime example of IP Law trying to stifle creativity.
I will now point out how each of those points qualifies this project as fair use.
1. This project is non-commercial exactly like an abridged anime series.
2. This one I won't argue with you on because you are right.
3. This project is taking no money away from Square-Enix and could, in fact, generate more revenue from new fans after they see the web series and buy something related to FF7 from Square-Enix.
BrokutheMighty's comments