Machinima in Game Preservation: A Fair Use Activity?

In this panel, we consider the use of video capture and machinima-like techniques for purposes other than artistic creation. We will take a look at curatorial, historical, and archival projects that seek to preserve the history of game culture and creativity through these and other related techniques. Does the different context provided by the non-commercial or scholarly intentions of these projects change the legal environment for them? Might DMCA or licensing restrictions unintentionally create an obstacle for preservation and archiving activities?