What exactly is copyrighted/trademarked about RPGs?

[Gnorman]

Fair use would like to have a word with the author of that video, who seems to believe that fair use does not in fact exist.

How do you reach that conclusion? IIRC CGPGrey has said he was very aware of Fair Use when making that video.

I'm basing that on a couple of statements at the end, where he said that (I am paraphrasing) new directors and authors need to be able to remake and remix works created within their lifetimes, and that no one living will be able to tell a Darth Vader or a Harry Potter story.

It was a hyperbolic statement on my part - I'm not actually suggesting that CGPGrey doesn't know what fair use is, just that he doesn't mention it. Which seems odd, given that fair use DOES allow authors to remix and retell copyrighted material, at least in theory and to a certain extent.

Granted, fair use isn't NEARLY as strong of a license as public domain (and certainly makes a less dramatic point than CGPGrey likely desired), but the landscape isn't as terribly bleak as the video makes it seem.

You are either confused about fair use or that video, possibly both.

The video, if anything. See above.

[Mord]

I'm basing that on a couple of statements at the end, where he said that (I am paraphrasing) new directors and authors need to be able to remake and remix works created within their lifetimes, and that no one living will be able to tell a Darth Vader or a Harry Potter story.

I don't know if there's a fair use-based argument in the world that would save you from Disney's lawyers if you tried to profit from telling an original Darth Vader story without securing a license.

[Fwib]

As I understand it, as a non-USian and a non-lawyer, Fair Use is a defence used when sued for copyright infringement, not a right. I may be wrong and it is a right as well, but then it is a right that's restricted a lot by the fear of lawyer-fu.

[kzt]

Pretty much. What I have been told by lawyers is that fair use is whatever your judge says it is. So it may well be that are using Mickey for something might seems clearly to be fair use, but Disney will sue every time. And then, thanks to courts dropping the while idea of screening cases for merit, you will spend a lot of money and time until the facts are determined by a judge. So it's important to consider what is your litigation budget when you get a nastygram from someone, or preferably before you trigger one.

[Kaelik]

And then, thanks to courts dropping the while idea of screening cases for merit, you will spend a lot of money and time until the facts are determined by a judge.

The courts never had the idea of screening cases for merit. They are screening for merit more now than ever before thanks to Twombly/Iqbal