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Nintendo grabs money, control from fans promoting its games on Youtube

penny-arcade.com

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Re: Nintendo grabs money, control from fans promoting its games on Youtube

#3
post #2

On one side there is huge incentive to be social on the web, which paramounts to sharing stuff with others. On the other side, no one will let you share their content. If the world were a person, he would be right on track for schizophrenia.

It's not entirely Nintentdo's content though, is it?

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#4
post #3
post #2

On one side there is huge incentive to be social on the web, which paramounts to sharing stuff with others. On the other side, no one will let you share their content. If the world were a person, he would be right on track for schizophrenia.

It's not entirely Nintentdo's content though, is it?

No, I believe most of these "Lets Play" videos contain commentary voice-overs by the players, but neither they nor Google care about this with the Content ID system.

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#5
post #3

Earlier quoted context omitted.

It's not entirely Nintentdo's content though, is it?

No, I believe most of these "Lets Play" videos contain commentary voice-overs by the players, but neither they nor Google care about this with the Content ID system.

I'm not a copyright lawyer, but that sounds like an unauthorized derivative work. For fair use to apply, the work has to be transformative, changing the original work in a substantial way. Since I'm not a lawyer I don't know if recording your own voice over the video would be considered significantly transformative or not.

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#6
post #2

On one side there is huge incentive to be social on the web, which paramounts to sharing stuff with others. On the other side, no one will let you share their content. If the world were a person, he would be right on track for schizophrenia.

Nintendo is allowing sharing just not profiting.

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#7

Earlier quoted context omitted.

No, I believe most of these "Lets Play" videos contain commentary voice-overs by the players, but neither they nor Google care about this with the Content ID system.

I'm not a copyright lawyer, but that sounds like an unauthorized derivative work. For fair use to apply, the work has to be transformative, changing the original work in a substantial way. Since I'm not a lawyer I don't know if recording your own voice over the video would be considered significantly transformative or not.

IANAL either, but I'd say it's pretty transformative. It goes from binary code and assets you can interact with to a video with commentary.

Song mashups already go from songs to similar-sounding songs and those are fine. Again, IANAL, but if mashups are okay, it makes sense to me that Let's Play videos should fall under the same - if not more generous - rules.

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#8

Earlier quoted context omitted.

No, I believe most of these "Lets Play" videos contain commentary voice-overs by the players, but neither they nor Google care about this with the Content ID system.

I'm not a copyright lawyer, but that sounds like an unauthorized derivative work. For fair use to apply, the work has to be transformative, changing the original work in a substantial way. Since I'm not a lawyer I don't know if recording your own voice over the video would be considered significantly transformative or not.

The original work is an interactive piece of software.

The videos in question are people showing what can be done with something which is copyrighted. They videos don't provide any ability to play the game. The games are only being played by a single person. There is no copy of the game being made.

A running commentary of a single played instance of a game is entirely different than sitting down with a controller in your hand and playing the game. That seems significantly transformative to me.

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#9
How can Nintendo claim ownership of the videos? I can see how they might claim ownership of the images and in-game sounds, but the commentary and actions made by the player is the ownership of the player.

Taking control of content which they only have partial legal right to is still very much illegal and copyright infringement. They are basically knowingly committing commercial piracy, including sending knowingly false take down notices (if they claim complete ownership). In times like that, the authors of said videos has a good chance to sue for damages.

Re: Nintendo grabs money, control from fans promoting its games on Youtube

#10
It's a stupid move by Nintendo.

Some people view Let's Plays before buying a game. People aren't going to go to the trouble of recording Let's Plays without getting any kind of ad revenue from it. So people aren't going to bother recording Nintendo games anymore.

And they can just delete all the Nintendo videos they already have up. So now Nintendo doesn't have anyone promoting their games (for free to Nintendo) and isn't getting any of the very small amounts of ad revenue and is competing against a bunch of other games that do have Let's Plays up online.

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