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nuckles87 on 21 February 2017
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SpokenTruth said:
vivster said:

It's not a policy, just a tool that youtube provides. But it's just a bad implementation in that people who claim content have all the power and are not reprimanded even if they falsely claim content, while people who got struck get nothing to reimburse them.

Let's plays are debatable. The most popular streamers are being watched not because of the games they're playing but because people like to watch them and listen to their comments and opinions. Which means they create their own transitive content from gaming content. Especially if you consider that the actions the players take are not pre programmed by the game devs and are in itself newly created content not by the game developers but by the streamer.

But let's Plays aside, Nintendo is also claiming clips in critiques and tiny video snippets used in montages which is definitely under fair use. That's what it's about.

I've only seen Let's Play users get hit but standard fair use applications should be restricted by Youtube itself.  As for Let's Play and fair use, how often are entire other works of art given this same treatment?  Do full length movie user commentary exist?  Not likely ebcause it Doesn't a listening party for a new album require permission if it's not the official listening party?   All the other mediums that expose users, viewers, listeners, watchers, etc...to the entire production/reproduction of something is restricted to some form of payment or official permission.

Snippets for reviews, news, etc...certainly fall under fair use but again I've not seen them targeted yet.  I'll have to look later.

Video games are not movies or music albums. Movies and music are a passive mediums, whereas video games are interactive. You really can't draw a direct comparison between the two. Watching someone play Metal Gear Solid 5 is not remotely the same experience as actually PLAYING Metal Gear Solid 5. With movie commentary, you are getting a very similar experience, just with two robots and their human companion occasionally cracking jokes. 

 

What's more, Let's Plays are a two-way street. Yes, successful Let's Players get money from playing games. But the companies that make those games get advertisement and exposure from those Let's Plays. Some games, like Five Nights at Freddy's, owe their success entirely to Let's Players playing the game and exposing it to millions of people. This is why most video game companies don't give Let's Players crap. This is why some video game company's PR even work with Let's Players. Personally, I don't really watch Let's Plays though. 

And Jim says in his video that he's received more copyright strikes from Nintendo than any other company for his ad-free Jimquisition videos, which most definitely fall under fair use. Even more than Konami! He gets around it by using a trick he calls "copyright deadlock", where he purposefully includes copy written content from two or more sources, which makes it impossible for Nintendo to claim and monetize his videos.