A Little Perspective on YouTube Gaming Content Creation

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Zkuq said:

Also, these videos are more helpful than harmful, as they're basically free advertising. No one deserves money for free advertising.

And finally, recording games is more comparable to recording your driving. You don't have to pay the car's manufacturer if you record a video while driving in their car, do you? And you don't have to pay a tool maker if you make something awesome with their tools, do you? At least I think you don't, but if you do, I don't think I want to live on this planet anymore. Anyway, point is, it's a slippery slope which brings us to a situation where you have to pay anyone whose product happens to appear in your product to a large extent.

Free advertisement isn't inherently helpful.

 

The difference is that when Nintendo sells a copy of a game they are stipulating that they are only selling a reproduction of the game and are retaining the right to reproduce it. The toolmaker is selling the full property right of the tool, including its right as a means of production. The content in let's plays would not be possible without Nintendo's content. A person can easily find and alternative tool manufacturer or build their own tool and produce the same thing thy intended with the other one. In the case of a let's play, sinificantt portions of Nintendo's material are reproduced, and since both parties agreed to the copyright upon purchase through implicit contract, Nintendo has a right to manage that reproduction of its content (a song, character, or cutscene.)