Nintendo claiming ownership on Youtube videos featuring their product

[Rydian]

So... According to you guys... I should be able to take a let's play video.... add my own commentary... daraw a few doodles on it...and make money off it.


Wonder how long before those LPers start to get pissed...

If you do it and it's not amazingly-popular, you'll only make like 50 cents a year.

I have 'earned' a grand total of $14.76 from adsense since 2010, which includes the text ad at the bottom of my site, and the monetization on youtube. Google doesn't even send out money until it hits $100, so most people make nothing off of youtube ads (one of the reasons I stopped doing it... also now they require phone verification and tax information, I don't have a cell and I'm not putting in my tax info and shit just to get $0 in return).

This will realistically affect a small amount of people, since it's NOT as simple as "record video game, get money"... but for those people, this is often their job.

 

[SifJar]

Then where is the "removal" part coming from? Doesn't sound like Nintendo is removing videos from that statement.

Anyone talking about videos being removed either hasn't read the article/quote, is unable to understand the article (either due to a language barrier, or stupidity), or is possibly talking about the creators of the videos removing them themselves because they aren't getting the money from the advertising. Although most likely it's the first (haven't read the article/quote).

 

[Guild McCommunist]

Mind you the people who make a living off this are like Game Grumps who have over 180 million total video views and average about 100,000 views per video. Not counting their Egoraptor and JonTronShow channels which, while they don't make videos as much, average a couple million views each.

Hell even PewDiePie, as much as a terrible piece of shit his channel is, rakes in so much dough from views.

 

[Lestworth]

DSP, Wiiriketopray (and the 4 separate channels), Therunawayguys (and the 3 separate channels), Josh Jepson, The Creatures (and the 8 separate channels, that include Uberhaxornova), Raocow.


These are just channels off the top of my head, that's of course ignoring the others that have been listed already. All of them will be affected, some less then others. It all depends on how much Nintendo wants to be a dick about it.

 

[SuzieJoeBob]

...pretty dingle-dang stupid if you ask me. I get it that Nintendo made the content that's being filmed, but what about all the editing, and in case of Game Grumps and the likes, the performance of the LP'er himself/herself? That's his/her input, he/she should get a cut for it.

Looks like Nintendo is really desperate not to post a loss this year despite the Wii U blunder.

//MasterTrole2013

Poor egoraptor......actually, because his "awesome series" videos have a lot of swearing/cursing, are they actually associate their family-friendly, censored games with Ash f***ing Brock's girl???

 

[Foxi4]

Poor egoraptor......actually, because his "awesome series" videos have a lot of swearing/cursing, are they actually associate their family-friendly, censored games with Ash f***ing Brock's girl???

That one was pretty hilarious, thanks for reminding me.

 

[DiscostewSM]

People say it is their commentary and editing that they make money off of, and I can understand that, but they all revolve around footage from games that someone else made. Without that footage, they wouldn't even have LP videos to begin with. So, if they believe it isn't the footage that makes the videos, then don't use the footage. No more LP videos from this? Well, then the commentary and editing weren't the money-makers people claim them to be.

 

[Arras]

People say it is their commentary and editing that they make money off of, and I can understand that, but they all revolve around footage from games that someone else made. Without that footage, they wouldn't even have LP videos to begin with. So, if they believe it isn't the footage that makes the videos, then don't use the footage. No more LP videos from this? Well, then the commentary and editing weren't the money-makers people claim them to be.

Commentary without something to comment on would be kind of pointless though...

 

[DiscostewSM]

Commentary without something to comment on would be kind of pointless though...

True, but isn't the footage considered under copyright? If so, then it breaks point #3 of Fair use under Youtube, which is...

http://www.youtube.com/yt/copyright/fair-use.html

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.

The footage basically spans most of the video, if not entirely, and because the commentary/editing would be nothing without the footage, the footage is the "heart" of the work.

 

[the_randomizer]

True, but isn't the footage considered under copyright? If so, then it breaks point #3 of Fair use under Youtube, which is...

The footage basically spans most of the video, if not entirely, and because the commentary/editing would be nothing without the footage, the footage is the "heart" of the work.

And yet, Nintendo stated that using their IP isn't illegal for LPs/recordings, if that statement is to be believed.

 

[TripleSMoon]

People say it is their commentary and editing that they make money off of, and I can understand that, but they all revolve around footage from games that someone else made. Without that footage, they wouldn't even have LP videos to begin with. So, if they believe it isn't the footage that makes the videos, then don't use the footage. No more LP videos from this? Well, then the commentary and editing weren't the money-makers people claim them to be.

You could say the exact same thing in reverse. I certainly wouldn't watch the Game Grumps if it was just gameplay, and no commentary. However, I just might listen to their commentary on other subjects, because it's the commentary that really makes it for me more than the gameplay. But to each their own.

Point is though, both work in tandem. Both the gameplay and the commentary really make the best LPs, and it's stupid to argue either way and say "the gameplay is more important than the commentary, thus all the revenue should go toward the copyright owners. (Or vice versa)"

 

[Hielkenator]

But they're taking the revenue from videos with Nintendo content away from the video's creator. So for people who make a living off Youtube doing, say, Let's Plays, lose the money from their Nintendo videos if Nintendo cracks down on them.

Plus Nintendo also gets the option to control distribution of the video. They can set up when ads appear in the video, make it unavailable in certain countries, or block it completely.

It's very bad if Nintendo REALLY cracks down on this more than they already have.

If that is the case, this is bad news indeed!
On the same page as you are!

 

[MarioFanatic64]

If the footage is of a Nintendo game, it's their property and can do whatever they want with it.

Also, this:

Please note: you may not be able to monetize videos which use any of the following without the explicit permission of the person who created or produced all material:

• Music (including cover songs, lyrics, and background music)
• Graphics and pictures (including photographs and artwork)
• Movie or TV visuals
• Video game or software visuals. Click herefor details.
• Live performances (including concerts, sporting events, and shows)

If you enable monetization for any LP videos, it's either illegal (as you're profiting from content that is not your own), or you have to have a partnership, which means Nintendo is entitled to a portion of your money anyway.

 

[TripleSMoon]

If you enable monetization for any LP videos, it's either illegal (as you're profiting from content that is not your own), or you have to have a partnership, which means Nintendo is entitled to a portion of your money anyway.

Key word: "Portion". That is, the "portion" that belongs to them (the actual game being used), not YOUR gameplay, or YOUR commentary, or whatever else that YOU personally did to that video.

 

[FAST6191]

Key word: "Portion". That is, the "portion" that belongs to them (the actual game being used), not YOUR gameplay, or YOUR commentary, or whatever else that YOU personally did to that video.

Key word partnership -- if you have an existing agreement to share profits from the reuse of another's IP then carry on with your deal, if you commercially infringe upon the IP of another, including in derived works, most courts tend to level fines in the order of your total profits for the venture (and maybe just a bit more as recompense), stop you from carrying on with the venture (though there is some leeway and always the option of an out of court settlement) and the work will either become a nonwork or default back to the people with IP that was infringed upon.

 

[Hells Malice]

I think someone mentioned TB's take on this earlier in the thread. He's quite spot on as far as I can tell.

A major thing about this is that you're essentially nipping a few dollars from people who need it more than you, and in doing so are destroying huge portions of free advertising.
The amount of games I've bought because I'll check out an LP (or one of TB's first impressions) is astounding. The only thing trailers end up doing is driving me nuts and turning me away. I quite prefer watching "real" people play the real, raw game. It's a lot easier to commit to a purchase like that.

I mean damn the Wii U isn't hurting them this badly.

As has been said, hopefully Nintendo will realize their blunder and stop before they really actually do damage to their revenue.

 

[TripleSMoon]

Key word partnership -- if you have an existing agreement to share profits from the reuse of another's IP then carry on with your deal, if you commercially infringe upon the IP of another, including in derived works, most courts tend to level fines in the order of your total profits for the venture (and maybe just a bit more as recompense), stop you from carrying on with the venture (though there is some leeway and always the option of an out of court settlement) and the work will either become a nonwork or default back to the people with IP that was infringed upon.

So what you're basically saying is that it's OK for large corporations to profit off the work for individual YouTube channels, but not OK for individual YouTube channels to profit partially off games made by a large corporation?

Right.

 

[FAST6191]

So what you're basically saying is that it's OK for large corporations to profit off the work for individual YouTube channels, but not OK for individual YouTube channels to profit partially off games made by a large corporation?

Right.

I am saying it is OK or at least solid under the law for rights holders to an IP to profit off that IP and control its use as far as the law allows. In this case if it means that large corporations create some IP and want to control its use as far as legal protections allow then they are quite free to do so.

 

[gamefan5]

Precisely. And the ones who make good LPs are generally going to be the ones that get popular, and hence make the LPer enough money to make that a source of income.

By the way, I'm surprised no one has mentioned the GameGrumps in all this. They're the only LP channel that my girlfriend and I watch religiously (not to mention the only "TV show" that I watch, period), and I think they're a perfect example. Not only are they downright hilarious to the point that people are animating and remixing their funniest moments (yes, really), but they actually have some pretty interesting, semi-serious discussions and debates about what really makes a game, etc. Is it mostly just stupid humor? Yeah, but it's made endearing by the fact that Jon and Arin are naturally really funny people, and the show is "them being themselves."

I highly doubt the majority of GameGrumps viewers watch the show for "free gameplay footage so I don't have to play the game," as much as they watch it for the commentary, and so many people have been introduced to more obscure games because of them. Heck, they even got me to buy Sonic '06 for Christ's sake, something that I would never do or enjoy (almost done with my playthrough, btw) if it weren't for the Grumps' humorous viewpoint on the whole situation. It's also one of their most popular LPs on the channel, which I highly doubt would be the case if it was just any other old LP of Sonic '06.

Gamegrumps you say? Looks like I have got something to watch. XD

 

[RodrigoDavy]

People here need to be more patient, we don't know yet how this Nintendo measure will actually affect youtube uploaders, yet people are already bashing against this attitude...
Things might only slightly change or not change at all.

Anyway, I consider to be stupid someone who thinks that they can rely exclusively on video uploading for a living. We don't even know if youtube will still be online 5 years from now. What do they expect? Job security? Shame on them for not worrying about what content they were using on their videos...