Topic: Nintendo, Let's Plays, Copyright, and You(tube)

[idolminds]

This story has popped up and has lead to some interesting discussions, so why not discuss it here?

Nintendo has become a Youtube partner and registered their copyright stuff with Youtubes content ID matching codemagics. What this means right now is that if you have a video on Youtube over a certain length that contains Nintendos stuff, like a Let's Play, and you currently make money off that video by being a Youtube ad partner...then your free ride is over. Your video will remain up but an ad will be place before, after, or on the side of your video and Nintendo will be taking the money earned from those ads, not you.

This has upset the LP community and has led to some interesting discussions on what constitutes fair use. Video reviews, short videos showing a specific section of a game as a tutorial or to criticize shouldn't be affected. This is really a move to target the long Let's Play videos that can end up showing an entire playthough of a game. Should those be allowed? Even if you're offering comment on the game as you play, you are still broadcasting the art and music (all copyrighted) of the game.

There is also the claim that it is free advertising for Nintendo. I think that misses some key points such as...does Nintendo even want it? Do they care? A game like Minecraft got big because people show what they can make in the game, the youtube videos were very important for its success (Mojang turned down Youtube when they were offered the same deal). I don't think the same can be said for Mario Galaxy. If people are watching the videos to decide to buy them then what does showing an entire playthrough get you that something like a Giant Bomb Quick Look doesn't? And for certain games I can see a whole playthrough video damaging sales. What would playing Uncharted 3 really offer me over watching a Let's Play?

So, I dunno. I can see why this would be upsetting to the makers of these videos but I don't think what Nintendo is doing is really wrong. They aren't pulling videos off youtube and this would only affect the long videos that probably fall outside of "fair usage".

[Xessive]

I don't fully support this notion that broadcasting game footage shouldn't be permitted. Yes, it is the art and music but Nintendo has already been paid for it, it's not like broadcasting the footage and sound of a game = potential customers not buying the game. Games are interactive, as long as the stream is not interactive what's the problem?

I wonder how Nintendo feel about streaming services like Twitch. I mean, what's next? I won't be allowed to watch a friend play a game because I didn't buy the game?

Nintendo is going too far here. People who post these gameplay videos are (presumably) loyal Nintendo customers, repeat customers who buy Nintendo products frequently, and some cases almost religiously. Yanking them like that is a cheap shot.

[Cobra951]

It wouldn't be so bad if Nintendo only got a percentage of the ad revenue, like a royalty.  But taking the whole pie comes across as mean-spirited, a big bully taking away your lunch money.

[Quemaqua]

I dunno, broadcasting for me is completely sufficient many times. There are games I might like to play on some level but when I see them I'm like... eh, yeah, that's good enough. So I'd say it's a valid concern, especially since there are more games than any person could conceivably play in their lifetime at this point.

EDIT - I'd say it's one thing to watch something in the same room with someone, like we do with movies, but another to publicly show the thing in its entirety on the Internet. Many people who might enjoy the absurdity of Deadly Premonition could just watch Jeff and Vinny play it on Giant Bomb and not actually play it. It's entirely valid as the game's nutso-ness is really the draw, not so much the gameplay.

Not saying the practice needs to be banned or anything, just that I think to say that broadcasting doesn't equal lost customers is probably incorrect. Probably not a lot of them, no, but... eh.

As it relates to the ads... I dunno. I don't really watch enough of anything to care, I guess.

[TheOtherBelmont]

I don't fully support this notion that broadcasting game footage shouldn't be permitted. Yes, it is the art and music but Nintendo has already been paid for it, it's not like broadcasting the footage and sound of a game = potential customers not buying the game. Games are interactive, as long as the stream is not interactive what's the problem?

I wonder how Nintendo feel about streaming services like Twitch. I mean, what's next? I won't be allowed to watch a friend play a game because I didn't buy the game?

Nintendo is going too far here. People who post these gameplay videos are (presumably) loyal Nintendo customers, repeat customers who buy Nintendo products frequently, and some cases almost religiously. Yanking them like that is a cheap shot.

They aren't yanking the videos off of the site, this whole thing is only affecting ad revenue and who it goes to.

[Cobra951]

I can see how there would be a problem with something like this: the complete Bioshock Infinite as a 4-hour movie edited together from cutscenes and connecting bits of gameplay.   That's the entire work of fiction just given away for free.

[gpw11]

EDIT - I'd say it's one thing to watch something in the same room with someone, like we do with movies, but another to publicly show the thing in its entirety on the Internet. Many people who might enjoy the absurdity of Deadly Premonition could just watch Jeff and Vinny play it on Giant Bomb and not actually play it. It's entirely valid as the game's nutso-ness is really the draw, not so much the gameplay.

The flip side of this is that with games like Deadly Premonition a lot of it's cult following was gained through Lets Plays.  I don't think what Nintendo is doing is really unfair but it's probably heavy-handed. Most of the criticism I've heard comes from the system being automated so it's cutting amateurs out of doing things like Quick Looks and such.

All in all, it just seems like a weird move...like that this is the problem in Nintendo's house that deserves their attention.

[Quemaqua]

Yeah, that's true. Those sorts of things to some degree do also kinda equal free advertising.

I don't know, did Nintendo even actually plan this specifically? Did they do it just to get themselves a foothold there, without actually worrying about ad revenue? It seems like the smart thing to do regardless of whether ads are inserted. Does Google charge for this "YouTube Partner" thing? I mean we're not really talking a lot of specifics here.

[Cobra951]

idol mentioned the free-advertising aspect of it, which is why I didn't.  Yes it's true, but advertising is supposed to tease just enough to get you to buy, not take away incentive by giving too much away.  In some games, the story is most of the appeal.

[Xessive]

Wouldn't this also apply to walkthroughs, game guides, and synopses?

[Cobra951]

I don't think so.  The purpose of those is to help you play the game, not to let you experience the entire story.  That's why I posted a link to what I think does cross the line.

[idolminds]

Official statement from Youtube:

We know we have a lot of partners who love and want to post videos relating to games, so we wanted to share some tips to help you monetize gaming content.

As always, you should ensure that you have all the necessary rights to commercially use all content in a video before you submit it for monetization. Video game content may be monetized depending on the commercial use rights granted to you by licenses of video game publishers. Here are some tips!

● Check the video game publisher’s license agreement (Terms of Use, EULA etc). Some publishers allow you to use all video game content for commercial use and state that in the license agreement.
● Get written permission. Some publishers may allow you to monetize videos containing their game content if you reach out and ask.
● Videos showing software user interface may only be monetized if you’ve signed a contract with the publisher or paid a licensing fee.
● If you do have the appropriate license, submit your documentation to YouTube in a timely manner. If you do not have the appropriate license from a video game publisher, your videos must contain minimal use of video game or software user interface and be as informative and educational as possible - commentary must follow the live action shown step by step.
● Use your video metadata wisely! Use relevant, accurate titles, tags and descriptions for your videos.
● Make sure your dialogue is family friendly, so fans of all ages can enjoy your video.

A final reminder: Simply buying or playing a video game does not grant you the copyright or permission to monetize. To earn revenue from videos from the game, you need commercial rights.

For additional information about monetizing video game content, as well as what YouTube requires in the documentation you submit, please refer to the Help Center.