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Nintendo going after Youtube Let's Play videos

Velcro Fly

Member
The hilarious part is a while back Nintendo was all over a video TheRunawayGuys did of NSMB2 coin rush. Promoted it on facebook and twitter and all that. The video in question definitely has a couple million views by now and is suddenly subject to this stuff.

Also I've heard this is only for videos 10 minutes or longer so it appears you can skirt this by doing videos that are under 10 minutes.
 

Dusk Golem

A 21st Century Rockefeller
LPs are in a weird gray area of Fair Use doctrine. If your commentary is deemed to "add significantly" to the original work, doesn't interfere with the way the copyright holder wants to handle that work, and meets a variety of other standards, you may be clear to monetize it yourself. If not, tough cookies, because a publisher will out-lawyer you in a heartbeat.

To make it more grey is if you're under a partner network, or by yourself. Video game companies strike certain deals with certain partnenetworks to allow footage of their games. They work with a lot of game companies to make it completely okay for people under them to make videos on those games with no troubles. Machinima, Fullscreen, The Game Station, etc.
 

KarmaCow

Member
Record labels, TV networks, and movie studios all do this. If your video comes up with a Content ID match for their stuff, you're not allowed to monetize it and they get to stick their own ads on the video. This is not at all new, unique, or desperate.

It takes a lot more effort to edit a video with commentary than just copy-pasting the latest Man of Steel trailer and hoping people will see the channel. It just seems like instead of having LPers act as free advertising, they're disincentivizing them from even bothering with the game.
 

akaoni

Banned
From the thread title I expected to read about some negative Nintendo news and I leave unsatisfied. Profiteering like this is pretty sketchy. He should run a donation system with a cap each month that will allow him to continue what he's doing, same for the rest of them.
 
D

Deleted member 17706

Unconfirmed Member
Content they already paid Nintendo for. The work most of these guys put in to put up good content is nothing to scoff at and if people want to see them they should get paid for it.

No, I don't believe anyone has bought the rights to an IP and all of the data associated with that IP from Nintendo in order to do an LP.

The content people use in LPs was probably acquired through the purchase of a license (which is what you are doing when buying a video game), but sometimes that's not even the case.
 

Orayn

Member
Content they already paid Nintendo for. The work most of these guys put in to put up good content is nothing to scoff at and if people want to see them they should get paid for it.

So if I buy a CD of my favorite band for $10, make slight remixes of every track on it, and sell those remixes as a CD of my own, I should be completely free to profit off of that band's work because I already paid for a CD?

It's not so simple.
 

Shard

XBLAnnoyance
The hilarious part is a while back Nintendo was all over a video TheRunawayGuys did of NSMB2 coin rush. Promoted it on facebook and twitter and all that. The video in question definitely has a couple million views by now and is suddenly subject to this stuff.

Stuff like The Runaway Guys are a might different since they are partnered up with The Game Station, who supposedly has the licenses needed for Youtube monitization.
 
D

Deleted member 17706

Unconfirmed Member
What about game reviews?

Update: Nintendo issued Game Front the following statement:

As part of our on-going push to ensure Nintendo content is shared across social media channels in an appropriate and safe way, we became a YouTube partner and as such in February 2013 we registered our copyright content in the YouTube database. For most fan videos this will not result in any changes, however, for those videos featuring Nintendo-owned content, such as images or audio of a certain length, adverts will now appear at the beginning, next to or at the end of the clips. We continually want our fans to enjoy sharing Nintendo content on YouTube, and that is why, unlike other entertainment companies, we have chosen not to block people using our intellectual property.

of a certain length
 

bomblord

Banned
Its weird watching people go "I am ok with this.".

If you like watching some people LP or Lets Look at or whatever of a certain game, chances are that person is doing it for a living. And if they arent allowed to make money off Nintendo games then they wont be covering Nintendo games at all.

I dont really see how anyone who enjoys that content can go "Fine by me" because this pretty much means you wont be getting much of that content going forward.

As the intellectual property holder Nintendo has the right to do this, if they wanted to they could force the videos to be taken down but they are just preventing monetization. There are also legal ways around this such as working out deals with Nintendo that gives Nintendo a portion of the profits so the people who are doing the largest ones can probably sit down with a lawyer and work something out.

On a different note I doubt every halfway large let's play channel on youtube is doing it for a living. I understand (now) that there is a lot of money to be made here but I doubt that every decent channel is doing it for a living, or for money at all.
 

Richie

Member
Its weird watching people go "I am ok with this.".

If you like watching some people LP or Lets Look at or whatever of a certain game, chances are that person is doing it for a living. And if they arent allowed to make money off Nintendo games then they wont be covering Nintendo games at all.

I dont really see how anyone who enjoys that content can go "Fine by me" because this pretty much means you wont be getting much of that content going forward.

I don't know ... I'd suspect many of these are made out of love for the game itself. Sure, I can see where do you stand, and you're likely right in that this will make some of these cease, but ... I can't see them disappearing entirely, at all.
 

Frolow

Banned
I don't... It's the entertainment business... it's rough. I do LPs quite regularly and I monetize them but I don't expect that to produce a steady paycheck... If you're making a "good living" off of LPs, you aren't really doing much.

I'm not saying people can't or shouldn't be able to do so, but we should be respectful of the people who actually MAKE the content we ultimately make money off of.

A lot of these people put tons of effort into their videos. Take this guy for example. He spends hours recording and editing his videos.

I'm not saying it's insanely hard work to edit and record videos, but it certainly requires more effort than what you're saying.
 

braves01

Banned
Content they already paid Nintendo for. The work most of these guys put in to put up good content is nothing to scoff at and if people want to see them they should get paid for it.

You buy a license to use the software, but it's limited. You can't do absolutely anything with it.

of a certain length

In context, it seems like that's more about "audio of a certain length," i.e. game soundtracks.
 

Alrus

Member
Content they already paid Nintendo for. The work most of these guys put in to put up good content is nothing to scoff at and if people want to see them they should get paid for it.

Really now? So if I buy a song or a movie, put it on youtube and make profit out of it, it's okay because I already paid for it before?
 

M3d10n

Member
Want to keep making money off your LPs? Mute the music and skip/blur cutscenes/title screens. This should avoid content ID.

No more monetizing OST dumps or PR trailer mirrors, though.
 
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Deleted member 17706

Unconfirmed Member
Its weird watching people go "I am ok with this.".

If you like watching some people LP or Lets Look at or whatever of a certain game, chances are that person is doing it for a living. And if they arent allowed to make money off Nintendo games then they wont be covering Nintendo games at all.

I dont really see how anyone who enjoys that content can go "Fine by me" because this pretty much means you wont be getting much of that content going forward.

So we should just ignore property rights because we like something?

Also, I don't think LPs are going to go away entirely because of this.
 

Meelow

Banned
Seem like a weird move with the other next gen console(s) having this feature built in.

Maybe Nintendo is making a video service for Wii U, similar to PS4 Share and what ever Microsoft does for Xbox 720, obviously not the same but uploading videos to Miiverse?
 

SMT

this show is not Breaking Bad why is it not Breaking Bad? it should be Breaking Bad dammit Breaking Bad
That's why I use stickmen, and user-created content when I'm posting videos on the tube.
 
Just want to point out: They aren't just blocking monetization by other people, Nintendo is monetizing the videos themselves and placing their own ads on them.
 

alr1ght

bish gets all the credit :)
Really now? So if I buy a song or a movie, put it on youtube and make profit out of it, it's okay because I already paid for it before?

It's not really the same thing. Games are meant to be played, not just watched or listened to. Well, maybe a few games are like that.
 

SMT

this show is not Breaking Bad why is it not Breaking Bad? it should be Breaking Bad dammit Breaking Bad
Just want to point out: They aren't just blocking monetization by other people, Nintendo is monetizing the videos themselves and placing their own ads on them.

In other words, Nintendo is making money off of your videos.
 

rjc571

Banned
How the hell is preventing people from profiting off of your IP "going after" youtube videos? I wish somebody would "go after" people who use sensationalist headlines as a shameless ploy to generate controversy and increase traffic.
 

NateDrake

Member
Seem like a weird move with the other next gen console(s) having this feature built in.

I doubt Sony is going to allow people to make money from the gameplay clips that can share via Youtube. There will be a length limit and publishers are already saying they may block such a feature.
 

bomblord

Banned
Just want to point out: They aren't just blocking monetization by other people, Nintendo is monetizing the videos themselves and placing their own ads on them.

I thought they were putting their own ads on it not making money off the ads.

Could someone clarify if the ad revenue is going to Nintendo or is Nintendo is just getting free adspace on the videos.
 

Sean

Banned
Free marketing for their shitty games and they want to shit it up with ads, this is something you'd expect from microsoft not nintendo.

These videos already were being monetized and had ads on them.

The only difference is that the ad revenue is going to Nintendo rather than the uploader.
 

JoV

Member
Have seen a few youtubers hit with this issue lately, particularly with lets plays of Luigi's Mansion. Turning the music down a bit so their voice was clearly louder seems to stop any issues with content matches occurring. Just putting up straight gameplay footage of a certain length without commentary probably should cause issues imo, but let's plays seem to be doing fine as always at the moment.
 
It's not really the same thing. Games are meant to be played, not just watched or listened to. Well, maybe a few games are like that.

In that case, should I be able to record myself reading a book and then making money off the recording? It's a more complicated matter than you would think it to be.
 

LiK

Member
I doubt Sony is going to allow people to make money from the gameplay clips that can share via Youtube.

i distinctly remember Sony going after Heavy Rain LPers cuz the game just came out. but after a few months, HR LPers were allowed to post them. correct me if i'm wrong.
 
A lot of these people put tons of effort into their videos. Take this guy for example. He spends hours recording and editing his videos.

I'm not saying it's insanely hard work to edit and record videos, but it certainly requires more effort than what you're saying.

Me and my wife do as well. Just because I only have 50 subscribers doesn't mean that my hours of editing are any less important or likewise my opinion on the matter.

That said, I use the term "work" loosely even in reference to myself... Video editing is fun. Playing games is fun. Sharing my gameplay online and people posting comments is fun. The moment ANY of that became work, I'd be out of it.

I'm not saying people aren't putting effort into what they do in LPs, my point was simply that instead of bitching and complaining because a company doesn't want you making money off of their IP, you just go to a more charitable developer if it bothers you that much. As I've said before, I've had MUCH more problems with Capcom than Nintendo in content matching... and as a result... well... not much because again I don't care about my measely ad revenue ;) But if it DID I'd just stop playing Capcom games.
 
Have seen a few youtubers hit with this issue lately, particularly with lets plays of Luigi's Mansion. Turning the music down a bit so their voice was clearly louder seems to stop any issues with content matches occurring. Just putting up straight gameplay footage of a certain length without commentary probably should cause issues imo, but let's plays seem to be doing fine as always at the moment.

Well, the bolded is a huge copy right infringement. You can't just upload that content as you recorded it and make money off it.
 
I thought they were putting their own ads on it not making money off the ads.

Could someone clarify if the ad revenue is going to Nintendo or is Nintendo is just getting free adspace on the videos.
Nintendo is definitely making money off the ads. Revenue goes to Nintendo instead of the uploader.
 

Omikaru

Member
Now watch as high profile LPers who do this for money stop covering Nintendo products.

Good going, Nintendo. Totally missing the point yet again.
 
No, I don't believe anyone has bought the rights to an IP and all of the data associated with that IP from Nintendo in order to do an LP.

The content people use in LPs was probably acquired through the purchase of a license (which is what you are doing when buying a video game), but sometimes that's not even the case.

So if I buy a CD of my favorite band for $10, make slight remixes of every track on it, and sell those remixes as a CD of my own, I should be completely free to profit off of that band's work because I already paid for a CD?

It's not so simple.

You buy a license to use the software, but it's limited. You can't do absolutely anything with it.



In context, it seems like that's more about "audio of a certain length," i.e. game soundtracks.

Really now? So if I buy a song or a movie, put it on youtube and make profit out of it, it's okay because I already paid for it before?

Yeah you guys are right. I just don't see who this hurts. I tend to watch let plays for games I watch and already play. Like Counter Strike tournaments I missed and strategy videos. I do feel like the guys who make these videos deserve to make some cash from it cause they put a ton of work making something the developers themselves do not and will not.
 

Orayn

Member
In that case, should I be able to record myself reading a book and then making money off the recording? It's a more complicated matter than you would think it to be.

It's also comparable to making a MST3K/Rifftrax thing that also includes the original movie, or remixing songs on an album like I mentioned in my other post.
 

Sophia

Member
I'd probably be okay with blocking the monetizing if under the condition that Nintendo not throw ads on the video. There shouldn't be a double standard where Nintendo is allowed to profit off their editing and playing, but they're not allowed to the other way.
 

BasilZero

Member
As long as the videos are kept and channels open its fine.

I just wish other developers/publishers were like this (cough Ubisoft for blocking content on visual imagery).
 
Some people will side with Nintendo whatever they do but there's a fair bit of evidence that videos and social media buzz will help improve and maintain the sales. I'm not sure if it directly applies to games but it's not much of a stretch to guess it would. It's nice to see LPers rewarded for their efforts, for the ones I watch it simply subsidises improvements to their recording equipment.

I suppose it will quickly weed out those who are doing it for fun, rather than for profit. I think it's a bit of a shame and it's just going to create a negative tension in the community. I don't blame people if they decide to stop making Nintendo videos. Maybe that's part of the goal anyway.

I'm very tired over the copyright debate so I'm out.

How long until it hits Twitch.tv speed runs?
 

Stoffinator

Member
If you play and add your own commentary to your videos there isn't much Nintendo can do. It falls under the law of "fair use" or something to that effect. But the way Youtube works, they just delete any video with a claim and not even look into it. I remember Viacom (owned by Paramount/MTV) striking every ones videos with copyright strike.
 

Dusk Golem

A 21st Century Rockefeller
Me and my wife do as well. Just because I only have 50 subscribers doesn't mean that my hours of editing are any less important or likewise my opinion on the matter.

That said, I use the term "work" loosely even in reference to myself... Video editing is fun. Playing games is fun. Sharing my gameplay online and people posting comments is fun. The moment ANY of that became work, I'd be out of it.

I'm not saying people aren't putting effort into what they do in LPs, my point was simply that instead of bitching and complaining because a company doesn't want you making money off of their IP, you just go to a more charitable developer if it bothers you that much. As I've said before, I've had MUCH more problems with Capcom than Nintendo in content matching... and as a result... well... not much because again I don't care about my measely ad revenue ;) But if it DID I'd just stop playing Capcom games.

That's about how I feel. I upload videos a lot and actually spend a fair amount of free-time editing, rendering, uploading, writing descriptions and tags, etc., and trying to get them up in a timely manner for watchers, but I don't really consider it work. I do get paid for it, but I think its one of those things that you have some breaks, you go through some punches, but you do it because you enjoy doing it.

As I say as a tease sometimes to my audience, "I play games, I make those gameplays into videos, I put ads on those videos, I make money, I use that money to buy more games, and then the cycle starts all over again. I like money, but you don't have to give me money or put up with it if you don't want to. There's alternative options. But, the more money I make, the more games I buy, and the more videos I make."

I'm not horribly offended from companies doing stuff like this. I would be if they're taking down videos, but this is different. I understand some qualms, but I also understand their side of it.

There's also a REALLY easy way to bypass this if you're a partner, or in a partner network.
 
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