Nintendo has issued strikes over a wide variety of youtube content for use of their music, from dedicated fan creators using Legend of Zelda or Super Smash Bros music over Lets Play style videos, reviews, etc, to an entire channel that hosted just Nintendo music (GilvaSunner). 2022 saw over 2200 strikes in just that year.
Edit: Just to mention, the copyright act still applies to the federal government, as well as the state government. This has been in place since 1990. The joke of a supreme court we have now muddied the waters in 2020, but its more about state sovereign immunity in federal court, not about federal agency & copyright.
Yes, claims can be brought, damages can be required, and not any use can be considered fair use. Notably, damaging the brand by negatively impacting market value through the presentation excludes as fair use.
Nintendo has issued strikes over a wide variety of youtube content for use of their music, from dedicated fan creators using Legend of Zelda or Super Smash Bros music over Lets Play style videos, reviews, etc, to an entire channel that hosted just Nintendo music (GilvaSunner). 2022 saw over 2200 strikes in just that year.
They are famously protective of their IP, including in situations of fair use..
Edit: Just to mention, the copyright act still applies to the federal government, as well as the state government. This has been in place since 1990. The joke of a supreme court we have now muddied the waters in 2020, but its more about state sovereign immunity in federal court, not about federal agency & copyright.
Yes, claims can be brought, damages can be required, and not any use can be considered fair use. Notably, damaging the brand by negatively impacting market value through the presentation excludes as fair use.