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Brad Newberg Quoted by Polygon on Video Copyright

May 19, 2015

The author of a May 12 article titled “Why didn't Konami want you to watch this video about Hideo Kojima?” queried McGuireWoods lawyer Brad Newberg on potential copyright and defamation issues related to a publicly posted video speculating on business matters between a video game publisher and a video game designer. In extensive quoted material, Brad explains that much of the content of the publicly posted video amounted to fair use from a copyright perspective. He adds that defamation also would not be an issue, unless the video’s author displayed actual malice or reckless disregard for the facts in producing and posting the video.