For the person who asked about fair use:
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
From:
http://www.copyright.gov/fls/fl102.html
Basically, as far as the Beckett magazine was concerned:
Point 1: Yes, they were getting commercial value out of it, their magazine was sold, not just given out. Since they weren't sanctioned (Even to the point of saying 'unofficial' on their magazine) getting money from Pokemon is a no-no.
Point 2: A bit murky, Pokemon is so widespread there's not one particular nature you can pin down.
Point 3: Again, murky, but they've been using a LOT over the years, I guess Pokemon decided it was too much cumulatively.
Point 4: Here's the clincher. IF Pokemon were not making their own magazine, as Pop said, then Beckett's magazine would be GOOD for Pokemon in general. More publicity, more interest, more money. However, since there is an 'official' magazine, They become a competitor instead of an ally.
As for the walkthroughs, the videos are probably under Point 3, since most of those videos show pretty much if not ALL of the storyline of the game. So one particular section, like "How to get through the Basement Maze of Doom Form Which There Is No Return" would be fine, but "An extensive guide detailing every step you take" wouldn't be.
Hope that helps some. ^^; Copyright research is something of a hobby of mine.
