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Forums - Nintendo Discussion - My Defense to Nintendo's Youtube Policy

Mythmaker1 said:
ToraTiger said:


You're showing someone's content, and as such you would have to either a.) Make lets plays without video footage and sound which no one would watch or B.) get approval to use said content.  Only way it would be fair use is if they did not make ad reveune or at least, not pocket it the way that youtubers do.  This is obvious, any one who's taken one law class would know.  Which is why Nintendo will always have the last say in where the profits go and ultimately decides whether or not the video is allowed for that purpose.

So Joe is so not in the wrong, his videos get fairly deleted?  Meaning, end of the day Nintendo has the final say in using their product for money.  Which in a way Joe's videos are a product, since he makes profit from them just like any other product.

Probably going to regret this, but that really is not how it works, at least in the US.

Yes it is.  Every lets play could be taken down if the publisher of the game wanted to, and theres nothing they could do about it.

Nintendo is just being excessively anal, but I agree with alot of what they're doing



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tl;dr I don't watch let's play videos, but I'm sick of seeing media coverage on this



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Angry Joe's last video that was taken down was not a let's play video.

It was an edited cut of plays sessions he did with friends that focused on showing moments of great fun, with the commentaries that go with them, to show people how much of a good time he had with the game. Which made the video fall under fair use.

Let's Play videos are playthroughs that go from one point to an other without pause or editing.



Wagram said:
Goodnightmoon said:

http://www.theverge.com/2015/1/29/7938333/nintendo-youtube-affiliate-program

Nintendo has just launched a beta for what it's calling its "Creators Program," an affiliate program for sharing advertising money with YouTube content creators. Essentially, anyone who is part of the program can create YouTube videos featuring footage of Nintendo games and split the advertising money with Nintendo — users will get 60 percent of the revenue on individual videos, but can also register dedicated Nintendo channels to earn 70 percent. 

But for people like Angry Joe this is not enough.


This language does not support what you posted. Where does it specifically say that Nintendo and Google share that 40%?



This is the real split. If we dont count the youtube revenue, because that is a constant, then you are getting a 42% out of the 60% possible, that´s a 70% of the possible revenue, and they are taking the other 30%.

But If you count the youtube revenue then that´s the split. Nintendo is getting just a 18%, while youtube takes 40% and the youtuber gets the 42% (he actually wins)

(probably I´m going to make a thread about it because everybody is missunderstanding this and thinking that youtube and Nintendo takes like the 80% of the revenue, and NOP)



ToraTiger said:
Mythmaker1 said:
ToraTiger said:


You're showing someone's content, and as such you would have to either a.) Make lets plays without video footage and sound which no one would watch or B.) get approval to use said content.  Only way it would be fair use is if they did not make ad reveune or at least, not pocket it the way that youtubers do.  This is obvious, any one who's taken one law class would know.  Which is why Nintendo will always have the last say in where the profits go and ultimately decides whether or not the video is allowed for that purpose.

So Joe is so not in the wrong, his videos get fairly deleted?  Meaning, end of the day Nintendo has the final say in using their product for money.  Which in a way Joe's videos are a product, since he makes profit from them just like any other product.

Probably going to regret this, but that really is not how it works, at least in the US.

Yes it is.  Every lets play could be taken down if the publisher of the game wanted to, and theres nothing they could do about it.

Nintendo is just being excessively anal, but I agree with alot of what they're doing

You're confusiong Youtube's Terms of Service and the law.



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The content belongs to Nintendo and they are free to control it how they see fit. Angry Joe needs to shut the fuck up and get back to entertaining his drones. Right or wrong, on Nintendos head be it.



Ka-pi96 said:
ToraTiger said:

This is only a bad move because Nintendo is now losing a lot of advertising

Also lol@ letting people making millions by playing video games and stream, and worst is letting them take all the proceeds themselves..  

First thing, actually it's also bad since they are the only ones doing it. They are the black sheep.

Second thing, they don't get to keep all the proceeds themselves. Youtube take a big chunk. Besides that, what's wrong with them making money from it? They are entertainers, if people are willing to pay for entertainment then those that provide it deserve that money.

Nintendo aren't the only ones doing this (or something similar), but they are part of a minority. Most of the industry appears to believe it's an entirely beneficial relationship (or at the very least no harm), with many publishers actively paying content creators directly to cover their games. Even Nintendo appears to believe it's beneficial to them, they just want a piece of the pie on-top of that.



Ruler said:
Agree, sony should do the same. Make an update with hdcp protection for gaming and make the share functionality with a playstation watermark so every content could be claimed by sony.
These lets play viewers who arent playing or buying the games are hurting gaming culture and industry

"Agree, sony should do the same. "

 

would pretty much make the whole emphasis on sharing and editing that they are pushing pointless

 

"These lets play viewers who arent playing or buying the games are hurting gaming culture and industry"

 

how?



PxlStorm said:

Most of the people complaining barely make Nintendo vids at all. I don't really care about this mess though. It doesn't affect me.


This. I havn't heard anyone I watch who mainly does Nintendo content even make a peep.



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ToraTiger said:
Mythmaker1 said:
ToraTiger said:


You're showing someone's content, and as such you would have to either a.) Make lets plays without video footage and sound which no one would watch or B.) get approval to use said content.  Only way it would be fair use is if they did not make ad reveune or at least, not pocket it the way that youtubers do.  This is obvious, any one who's taken one law class would know.  Which is why Nintendo will always have the last say in where the profits go and ultimately decides whether or not the video is allowed for that purpose.

So Joe is so not in the wrong, his videos get fairly deleted?  Meaning, end of the day Nintendo has the final say in using their product for money.  Which in a way Joe's videos are a product, since he makes profit from them just like any other product.

Probably going to regret this, but that really is not how it works, at least in the US.

Yes it is.  Every lets play could be taken down if the publisher of the game wanted to, and theres nothing they could do about it.

Nintendo is just being excessively anal, but I agree with alot of what they're doing

Fai Use doctrine doesn't just apply to non-monetized creations.  How do you think literary critics who quote massive sections of creative works make money when they publish their article?  How do you think art critics make money when they publish an article containing pictures of the very paintings they are discussing?  Because Fair Use protects them.  Fair Use doctrine is an important part of copyright law which exists as a check to copyright holder's power to prevent censorship of criticism and discussion.  The only area where not making money helps your case is with works that are arguing for fair use purely on the grounds of being a transformative work.  In other words, fan art.  But even then it has very little bearing.  But commentary, parody, review, critique, discussion, all of these content forms are protected under fair use and are their respective creators' property alone.  The copyright holder has no right to impede them in any way.