RIP Youtube...

No, no one has gone to court because they don't have to, they can just go to YouTube and say 'take care of that'. And they would need an opponent who is willing to go to court instead of paying a few bucks for an easy out. The point of fair use is to be able to show what you're talking about when critiquing, reviewing, educating, etc. And you don't use more footage than needed to proof your point. Playing through parts of a game (or the entire thing) and just talking about what is happening or how your day was doesn't do that. If someone is ballsy they could go to court over an achievement guide and argue educational, that might make an interesting case, but I wouldn't put my money on a let's player.

You got it wrong. They tell youtube to take down video and then youtuber files counter claim which require video game company to sue the up loader if they don't want that video reinstated on youtube. 10 times out 10 the game company backs down from that. Game companies would have to go court to keep gameplay videos permanently off of youtube.

And another thing. One major factor of fair use is LOSS of VALUE. It would be impossible for any game publisher to successfully make the case that let's Plays on youtube are causing them financial damage.

Another big factor is nature. You have to consider that gameplay footage excluding cut scenes are unique which is why they are not picked up by content id matches. A real good lawyer could use that fact to liken a video game to the way an artist uses a paint brush to draw their own picture.

Note: this applies only to U.S copyright law.


Soucrs:
Get over it. Seriously. Use content that you have the rights to, and you wouldn't have these problems. It isn't rocket science. If you're using content you don't have the rights to, you shouldn't be surprised when it gets claimed/striked.

It also isn't rocket science in figuring out that content id match problem against let's play were caused by Google rather than the game publishers. Not one game developer/publisher approached Google and asked for these recent claims. To the contrary, the game industry has made it easier for let's players to share their experience by including INTERNAL GAME RECORDING software in next gen consoles.[DOUBLEPOST=1386910096,1386909868][/DOUBLEPOST]
I agree, but fair use doesn't protect anything, it's a defence in court until you're standing in front of a judge fair use doesn't do anything. It doesn't protect anything, it doesn't allow anything, it doesn't do anything.

YouTube has never been a big fan of relying on fair use, which is the reason why Angry Joe and the entire That Guy With The Glasses posse took their audiences to blip tv and their own sites in first place.

With that history in mind: Don't worry: Angry Joe should be among the last people to worry about. If YouTube completely disappeared over night he'd be among the few equipped well enough to just keep going.

I agree 100% with you here
 
Pirates caused youtube to go on this tirade? I guess...
Yeh, its mainly because people were uploading full movies/ albums to youtube and making money from it, so yt decided to copyright anything with a hint of copyrighted material in and match third party.
 
It's not that simple. Some gaming networks have legal licenses and business deals with some video game companies. Their members are allowed to earn money from Let's Plays, Tips and Tricks, Footage, etc. These partners aren't doing anything illegal. They don't own the content. They have the legal right to use it to earn money.
Can you name the network(s) with commercial licences to semi-mid/large size publishers?
 
The smart gaming YouTuber will adapt, and even thrive from these changes. Use games that the developers have already publicly stated are okay for YouTube monetization. Contact developers and ask for permission to use their game in a monetized YouTube video. If denied, maybe even try to find some middle ground with certain game developers, where you talk and agree to potentially sign a fair percentage of the ad revenue earned from a video that uses their game, over to them. (This last sentence of course is a whole nother tactic, and generally would only be something larger channels based around specific games that aren't allowed to be monetized on YouTube, according to the developers, would do.)

Sure, some channels entirely based off games with stubborn developers that won't allow monetized gameplay videos will have to make big changes, but in my eyes the channels that do put in that extra effort will get the chance to grow much quicker, as many lazy youtubers just give up and leave you with more potential viewers.

If the rumours of a trust algorithm are true, this is only just a small speed bump, and once we pass it because we prove that we don't post copyrighted content , even as affiliate channels, we can quickly get back to instantly monetizing most, if not all of our videos soon after, with an audience that now has less content, in the end making our videos easier to find.

I highly doubt an "affiliate" channel will be straight up having every video they post reviewed. It sounds like all we have to do is prove we aren't some scumbags posting TV shows, movies, or copyrighted songs. Show that we put in the effort to make sure the games we play and make videos on, aren't completely going against a certain developers policy.

In the end, although I still would rather this have never happened, I think this has the potential to trim out all the scumbag, copyright content filled idiots on YouTube, leaving us with a larger audience to find OUR videos, that we put real effort into.[DOUBLEPOST=1386924794,1386922912][/DOUBLEPOST]Spent a bit of time composing this post, that I left on another thread on this forum. Figured I would share it here, because some people truly believe making money from a video that has footage from a particular game in the background, is the equivalence of stealing clothes from a store, or borrowing clothes from a store, making copies of them, and then bringing them back. That is just one example that was used by some people in this thread, or in another thread on these forums, while they were arguing why game-play videos shouldn't be monetizable in the first place.

Also, keep in mind that pretty much ever gaming YouTuber is making videos about a game that they paid for in full, and enjoy.

Honestly, the companies that really claim YouTube videos showcasing game-play from their games, is resulting in them losing income, are idiots. They either know that their game is complete s**t, and any videos made with game-play from it will just showcase how bad of a game it is, so they want to keep how bad their game is a secret until you buy it, or they don't recognize the massive audience gaming videos on YouTube receive, providing games with millions, if not billions of potential interested customers.

Games aren't freaking movies, or songs. By watching someone play a game, you do not get the full experience, NOT EVEN CLOSE. Rather, it just makes you want to play it. It's like being at a friends house, where they only have one controller, so everyone else has to watch one person play as they take turns. No one wants to just watch a game, everyone wants to play it. If the game is half decent, watching someone else play it will just motivate you to go out and buy it.

At least some of the really big game developers like EA, Blizzard, Mohjong, and Riot games, just to name a view, realize this, and even encourage gamers to post, and monetize their game-play videos on YouTube! The companies that develop and release big game titles spend millions of dollars, if not tens of millions of dollars on paid advertisements for their game!

Meanwhile, gamers on YouTube provide them with completely free advertising that likely, if all the views from videos created by gamers on a specific game are added up, reach more people then the millions that they spent on commercial advertising did!

The only reason again, that a company wouldn't want their game to be potentially viewed by millions, or billions of gamers for free, is because they know their game f*****g blows.
 
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The smart gaming YouTuber will adapt, and even thrive from these changes. Use games that the developers have already publicly stated are okay for YouTube monetization. Contact developers and ask for permission to use their game in a monetized YouTube video. If denied, maybe even try to find some middle ground with certain game developers, where you talk and agree to potentially sign a fair percentage of the ad revenue earned from a video that uses their game, over to them. (This last sentence of course is a whole nother tactic, and generally would only be something larger channels based around specific games that aren't allowed to be monetized on YouTube, according to the developers, would do.)

Sure, some channels entirely based off games with stubborn developers that won't allow monetized gameplay videos will have to make big changes, but in my eyes the channels that do put in that extra effort will get the chance to grow much quicker, as many lazy youtubers just give up and leave you with more potential viewers.

If the rumours of a trust algorithm are true, this is only just a small speed bump, and once we pass it because we prove that we don't post copyrighted content , even as affiliate channels, we can quickly get back to instantly monetizing most, if not all of our videos soon after, with an audience that now has less content, in the end making our videos easier to find.

I highly doubt an "affiliate" channel will be straight up having every video they post reviewed. It sounds like all we have to do is prove we aren't some scumbags posting TV shows, movies, or copyrighted songs. Show that we put in the effort to make sure the games we play and make videos on, aren't completely going against a certain developers policy.

In the end, although I still would rather this have never happened, I think this has the potential to trim out all the scumbag, copyright content filled idiots on YouTube, leaving us with a larger audience to find OUR videos, that we put real effort into.[DOUBLEPOST=1386924794,1386922912][/DOUBLEPOST]Spent a bit of time composing this post, that I left on another thread on this forum. Figured I would share it here, because some people truly believe making money from a video that has footage from a particular game in the background, is the equivalence of stealing clothes from a store, or borrowing clothes from a store, making copies of them, and then bringing them back. That is just one example that was used by some people in this thread, or in another thread on these forums, while they were arguing why game-play videos shouldn't be monetizable in the first place.

Also, keep in mind that pretty much ever gaming YouTuber is making videos about a game that they paid for in full, and enjoy.

Honestly, the companies that really claim YouTube videos showcasing game-play from their games, is resulting in them losing income, are idiots. They either know that their game is complete s**t, and any videos made with game-play from it will just showcase how bad of a game it is, so they want to keep how bad their game is a secret until you buy it, or they don't recognize the massive audience gaming videos on YouTube receive, providing games with millions, if not billions of potential interested customers.

Games aren't freaking movies, or songs. By watching someone play a game, you do not get the full experience, NOT EVEN CLOSE. Rather, it just makes you want to play it. It's like being at a friends house, where they only have one controller, so everyone else has to watch one person play as they take turns. No one wants to just watch a game, everyone wants to play it. If the game is half decent, watching someone else play it will just motivate you to go out and buy it.

At least some of the really big game developers like EA, Blizzard, Mohjong, and Riot games, just to name a view, realize this, and even encourage gamers to post, and monetize their game-play videos on YouTube! The companies that develop and release big game titles spend millions of dollars, if not tens of millions of dollars on paid advertisements for their game!

Meanwhile, gamers on YouTube provide them with completely free advertising that likely, if all the views from videos created by gamers on a specific game are added up, reach more people then the millions that they spent on commercial advertising did!

The only reason again, that a company wouldn't want their game to be potentially viewed by millions, or billions of gamers for free, is because they know their game f*****g blows.

The thing is... Even gamers playing games whos developers clearly state its okay to do a lets play of, are still getting copyright notices, mainly because the system is TOO strict and TOO ignorant.
 
I'm glad I don't deal with games. My one run in with YouTube where I used a short clip of video with explicit permission from its owners was more than enough for me.
 
I don't get why people are mad at forcing you to use google+.. Can't you just make a account and bind it to your account?
 
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