Let's say a vlogger is talking about video games they don't currently play. They need some sort of video to show while they are talking and so many will fall back to let's plays for videos. A let's play is effectively someone sharing their gameplay for others to watch. The general claim is that these let's play videos are covered under fair use, I'm wondering if this is true? Can vloggers include lets play videos in their own video without permission from the person who recorded them? Does it matter rather the vlogger does or doesn't provide some link or credit to the person who originally recorded the lets play?
Lets say someone is making a vlog talking about game X. I believe they would have a fair use claim to show snippets of the game's cutscenes or footage the game maker made public, to limited extent, while discussing the game.
However, the let's play author is currently making a profit off of their let's play. They have arguably made a 'substantial modification', since the focus is on their skill as a gamer not the game itself, and so I'd imagine they have a right to claim a copyright to their let's play. A vlogger may have a fair use claim to showing game X in their video about the game, but do they really have a fair use claim to the separate let's play video whose copyright is not owned by the makers of game X?
