Nintendo ID Claims Youtube LPs

[Koh]

Ok, so that's alright, but commenting over your playthrough of a game isn't?

It is if you aren't making money from it. You didn't see my explanation, so I'll quote it:

EDIT: Let me put it this way. What you're saying is basically this:

"I recorded a DVD movie. As the DVD is playing in the background, I'm talking about each scene and giving my opinion on it, occasionally cracking jokes. I should be able to sell this recording."

Does that make any sense?

That's basically what's happening when you try to sell (in some way) your let's plays or playthroughs.

[Mutsukki]

Ok, so that's alright, but commenting over your playthrough of a game isn't?

It is if you aren't making money from it. You didn't see my explanation, so I'll quote it:

EDIT: Let me put it this way. What you're saying is basically this:

"I recorded a DVD movie. As the DVD is playing in the background, I'm talking about each scene and giving my opinion on it, occasionally cracking jokes. I should be able to sell this recording."

Does that make any sense?

That's basically what's happening when you try to sell (in some way) your let's plays or playthroughs.

http://en.wikipedia.org/wiki/Mystery_Sci...eater_3000

[Koh]

http://en.wikipedia.org/wiki/Mystery_Sci...eater_3000

Okay, that was on TV. I'm sure they had permission and/or royalties paid to do that. Otherwise, they probably would have gotten sued like almighty hell.

[Gors]

Also youtube itself says that even if say, you went to a concert and recorded the music with your own equipment, you still dont own it, even if you paid for the entrance, and therefore you can not earn money in any form for that too. Or when you buy a disk, rip its music and upload them on youtube. You still have no rights to the music.

[Mutsukki]

http://en.wikipedia.org/wiki/Mystery_Sci...eater_3000

Okay, that was on TV. I'm sure they had permission and/or royalties paid to do that. Otherwise, they probably would have gotten sued like almighty hell.

Why would any copyright holder even give permission for a TV show to make fun of their product?

---

Also youtube itself says that even if say, you went to a concert and recorded the music with your own equipment, you still dont own it, even if you paid for the entrance, and therefore you can not earn money in any form for that too. Or when you buy a disk, rip its music and upload them on youtube. You still have no rights to the music.

That's something else entirely. It's not like LPers are reproducing or selling the game. 2 Reasons:

1 - Video Games are an iteractive medium, the person won't be able to fully experience it through video

2 - There's freaking commentary, editing and whatever, it's not just a plain showcasing of the game and definitely not relatable to piracy.

[Kriven]

Using humor brings up an entirely different section of fair use under the Satire heading.

Gors: Your recap is spot on except for a few things:

Fanworks and recordings of works are considered the copyright of the recorder, however this does not mean they can be legally monetized. US copyright law was not written with fanworks in mind, and ever since Star Trek our copyright system has become a major patchwork of contradictions, which can make it difficult to determine the legality of such material.

With recordings of video games which contain commentary it's even more confused, because the viewer of the video is not experiencing the programming, just the visual and audio. Let's Plays themselves aren't illegal, but the use of the trademarked characters is. When dealing with LPs you're talking more about trademark than copyright, which is another conflated system in itself.

I still think Nintendo has made a dumb move and could have simply requested a percentage of the revenue from Lets Plays of their work. Half to them, half to the LPer, and a newly endorsed job market has been created which progresses our social media.

[Gors]

http://en.wikipedia.org/wiki/Mystery_Sci...eater_3000

The reactions of those parodied by MST3K has been mixed. Sandy Frank, who held the rights to several Gamera films parodied on the show, was "intensely displeased" by the mockery directed at him. (The crew once sang the "Sandy Frank Song", which said that Frank was "the source of all our pain", "thinks that people come from trees", Steven Spielberg "won't return his calls", and implied that he was too lazy to make his own films). Because of this, Frank reportedly refused to allow the shows to be rebroadcast once MST3K's rights ran out.[35] However, this may in fact be a rumor, as other rumors indicate that the Gamera films distribution rights prices were increased beyond what BBI could afford as a result of the show's success. According to Shout! Factory, the Japanese movie studio Kadokawa Pictures were so horrified with MST3K's treatment of 5 Gamera films that they refused to let Shout! release the episodes on home video. Brian Ward (one of the members of Shout! Factory) explained to fans on the forums of the official Shout! Factory website that they tried their best to convince them, but the Japanese take their Gamera films very seriously and don't appreciate their being mocked.

Idk man, but id be pretty pissed if anyone said or did things like that with my stuff, even if they were bad. I think they could sue the creators of the show, but they chose not to, due to copyright expire, or it wasnt worth to go through all the stress and bureaucracy to get something...

Also what holds the final saying anyway is not me or you, but rather Nintendo. If tey think that LPs show too much of the game, who am i tell them otherwise? They ultimately have the rights and they chose to earn money from it. Nintendo decided that LPs are a reproduction of the game, and the fact that you edited and added voice does not change the fact that its still a game footage.

Im not even trying to shit on the LPers and i acknowledge they do an immense job. But this is like making a sculpture out of a block of crack. You spent time and effort on it but the subject is prone to things like those.

Edit: 100% agreed, kriven! A payment percentage would be the best choice! 50% for each party would be great indeed and everyone would be winning.

[Mutsukki]

A 50% agreement would be very fair indeed, since the LPers are riding on their back too for popularity and such, so it wouldn't be that horrible, it's just the current situation that sucks a lot. It's not worse than Sega deleting every Shining series video off Youtube, but it surely isn't good either. I know Nintendo has the final word, but wasn't this thread open up for discussion on this in the first place?

[Gors]

And thats what we had, a discussion. And ahealthy one at that! I enjoyed every minute of it, it was great for the mind and we all came into a conclusion.

[Koh]

A 50/50 split would be the ideal solution...however, when the company is mainly after the money, 100% is the perfect solution. Not that I have anything against Nintendo, but they clearly wanted the money. As if the billions of dollars they have isn't enough o.o.

[Sengir]

As if the billions of dollars they have isn't enough o.o.

I know right? They're already rakin' in the cash with the 3DS and the Wii U is practically printing money!

[Gors]

Just to be fair, expenses in a company is proportional to the amount they earn. With those billions, how much it isnt spent to pay the bills, equipment, structure, payment of the employees and stock change, before it actually going to the game funding?

[Kriven]

Mostly Directed at Koh: Actually, if Nintendo were after profit, the 100% solution isn't the ideal one because it would encourage Let's Players to remove their content, thus remove the potential revenue streams Nintendo has acquired. A split profit would net a larger profit simply by not closing off potential revenue sources.

This was more of a power grab than anything else.

[AuraLancer]

I sure wouldn't mind a 50/50 split for selling fangames.

[TGE]

In the end Nintendo is going to be the one that gets hurt by this. All famous LP'ers, Reviewers, First Impressionists etc are going to boycott Nintendo so they lose quite a chunk of market. Nintendo doesn't know what they're doing. There aren't any clear laws for this about VIDEO GAMES. People are making a living out of their shows because they put massive amounts of effort into them, and now Nintendo screams NOPE and they dont get ANYTHING for their hard work. It just doesn't seem fair. Just because the person plays through the whole game, doesn't mean that they should get the ad revenue just because they made the game, they didn't make the show. It even interests people to buy the game in the first place! I think Nintendo dun goofed.