Fraser from Video Games Awesome explains the situation pretty well i think.
Basically he is saying if Nintendo claims the rights to his videos, he can appeal it and claim free use, which usually works since it is transformative work. But his show is actually different from other Let's Players, since it includes the actual people playing and a chat. So i'm not sure if it works like that for everyone, but it's good to hear some details of the whole process and how it affects people.
“It appeared that there had even been demonstrations to thank Big Brother for raising the chocolate ration to twenty grams a week. And only yesterday, he reflected, it had been announced that the ration was to be reduced to twenty grams a week. Was it possible that they could swallow that, after only twenty-four hours? Yes, they swallowed it.”
- George Orwell, ‘1984’
