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Nintendo Mass Claiming Gameplay Videos on YouTube

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#1 dead.cell

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Posted 16 May 2013 - 03:42

Nintendo Mass Claiming Gameplay Videos on YouTube

I am a gamer/LPer at http://youtube.com/ZackScottGames, and I can confirm that Nintendo is now claiming ownership of gameplay videos. This action is done via YouTube's Content ID system, and it causes an affected video's advertising revenue to go to Nintendo rather than the video creator. As of now, they have only gone after my most recent Super Mario 3D Land videos, but a few other popular YouTubers have experienced this as well:

http://twitter.com/C...760280800247809
http://twitter.com/K...767720421814273
http://twitter.com/T...846622410366976

According to Machinima, Nintendo's claims have been increasing recently. Nintendo appears to be doing this deliberately.


Source: http://www.reddit.co...play_videos_on/

Thought I'd share this to the Neowin community to hear their thoughts on this, if this is indeed true. :ermm:

Sounds like they want to have their cake and eat it too, so to speak.


#2 Garnet H.

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Posted 16 May 2013 - 04:30

Advertising a game by playing it on Youtube and not only does Nintendo not pay for it they request any financial gain accrued by you in doing it. I understand Nintendo's stance on the matter; it is after-all their intellectual property, but, I can't help but feel this just discourages a practically free advertising stream opportunity. The people that place advertisements on their play-throughs will simply stop playing the games that net them no profit.

tl;dr:I believe Nintendo is fully in their right to do this, but I can't understand why they'd want to.

#3 Slammers

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Posted 16 May 2013 - 04:56

You breaking youtubes terms if you try and monitize a gameplay video.
It clearly states in youtubes rules
"Whether you can use video game content for monetization depends on the commercial use rights granted to you by licenses of video game publishers. Some video game publishers may allow you to use all video game content for commercial use and state that in their license agreements. Videos simply showing game play for extended periods of time may not be accepted for monetization."

You clearly have no commercial use rights to make money of their games so I don't see why you would expect you can.
It's no different to filming a music video off a tv and uploading, hoping to make money from it. Not going to happen.

Astropheed, why would people stop playing the games that make them no profit. There is next to no profit made from any youtube monetizing anyway unless your getting millions of views daily.

#4 OP dead.cell

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Posted 16 May 2013 - 05:08

Thing is, Sony is apparently going the opposite direction considering the introduction of the Share button on the controller. I'm also not sure why Nintendo would be intent on double-dipping so to speak. When gamers watch play-throughs or various different gameplay vids, we often want to play the game.

#5 Garnet H.

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Posted 16 May 2013 - 05:37

Astropheed, why would people stop playing the games that make them no profit. There is next to no profit made from any youtube monetizing anyway unless your getting millions of views daily.


The people who wish to monetize and actually make gains from it are those who have the most advertising potential. The people who didn't care to begin with probably didn't have the viewers necessary to run ads and negates the whole problem.

My mind says to me that everyone wins if Nintendo lets them profit from playing their games: Player makes money, Nintendo gets free advertising, Viewers get content. If Nintendo does it their way: Players get no incentive to advertise, Nintendo gets minimal returns and Viewers can get less content.

Some twitch/youtube streamers make a pretty nice profit so don't think that they're always willing to do it for free, they aren't.

#6 OP dead.cell

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Posted 16 May 2013 - 07:35

Seems to have made its way to Kotaku.

http://kotaku.com/ni...video-507092383

Nintendo of America has muscled in on the world of "let's play" videos on YouTube, inserting commercials into user-made clips that are of "a certain length".
Seems that late last year the publisher registered with YouTube as a "partner", registering their content with the video service's database. While Nintendo claims (via Go Nintendo) that "most fan videos" will be unaffected by this, longer clips "featuring Nintendo-owned content" will now have Nintendo commercials inserted before/after/during them.

This move impacts those who make advertising money streaming "let's play" videos on YouTube, because those commercials no longer make money for the person streaming the clip.

Nintendo's full statement on the matter is below:

As part of our on-going push to ensure Nintendo content is shared across social media channels in an appropriate and safe way, we became a YouTube partner and as such in February 2013 we registered our copyright content in the YouTube database. For most fan videos this will not result in any changes, however, for those videos featuring Nintendo-owned content, such as images or audio of a certain length, adverts will now appear at the beginning, next to or at the end of the clips. We continually want our fans to enjoy sharing Nintendo content on YouTube, and that is why, unlike other entertainment companies, we have chosen not to block people using our intellectual property. For more information please visit http://www.youtube.c.../copyright/f...



#7 vetDirtyLarry

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Posted 16 May 2013 - 17:50

As already pointed out, they are well in their right to do this, but I do not think it is winning them any popularity contests doing so.
A good way to approach it would have been see if it was possible to do a percentage of the profits to both parties involved.
Nintendo since it is their property, and the gamer since it is their time and dedication getting the videos up. And if they had half a brain, they would have offered a higher % to the gamers rather than themselves. Now this will just stop some people from even bothering to create the videos, giving them less exposure than they had before.

#8 vetneufuse

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Posted 16 May 2013 - 18:02

uh what's next Adobe claiming ownership of all the tutorial videos out there because its their "intellectual property"? basically the same darn thing....... it "may" contain a image from a splash screen that is adobe content... or an adobe image *gasp*

#9 +OOOOOOOO

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Posted 16 May 2013 - 18:05

So what? I'm not sure why this matters ... if Nintendo owns the property, and the user has filmed it, it's Nintendo's imagery. No offence, but if I camcorder a movie at the cinema, I can't claim rights over it. So why should these people? There's no case to complain here.

#10 johnnyq3

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Posted 16 May 2013 - 18:11

uh what's next Adobe claiming ownership of all the tutorial videos out there because its their "intellectual property"? basically the same darn thing....... it "may" contain a image from a splash screen that is adobe content... or an adobe image *gasp*

From what I have read so far as long as commentary is in the video then no ads are show but if commentary isn't in the video ads are show.

#11 TheLegendOfMart

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Posted 16 May 2013 - 18:14

uh what's next Adobe claiming ownership of all the tutorial videos out there because its their "intellectual property"? basically the same darn thing....... it "may" contain a image from a splash screen that is adobe content... or an adobe image *gasp*

It's the fact that people are profiting from it that is the problem, Nintendo is partnered with Youtube if a video is over a certain length Nintendo puts ads in the video and they get the money.

It's a d*ck move but you can't blame them for wanting to stop people profiting from their IP.

#12 spacer

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Posted 16 May 2013 - 18:25

I think it's a stupid move by Nintendo, for all of the obvious reasons. But then again, there are very few LP channels that are worth watching. I don't think this will impact those channels much. It's also not the first time Nintendo has crushed fan-made stuff on the web.

Ultimately it probably won't affect that many people. Most will probably forget about it before long.


Also, found this:

Posted Image

#13 Boxster17

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Posted 19 May 2013 - 21:34

So what? I'm not sure why this matters ... if Nintendo owns the property, and the user has filmed it, it's Nintendo's imagery. No offence, but if I camcorder a movie at the cinema, I can't claim rights over it. So why should these people? There's no case to complain here.


Bad analogy as movies and games are completely different. If you record a movie you have the entirety of the performance right there, while that's not true for video games. People play through games differently, providing different experiences each time.

While there's nothing legally wrong with what Nintendo is doing I still think it shows how out of touch they are with the community.

Also with regards to that Markus Persson quote above, they said they pretty much decided not to because it was free advertising and had they gone through with it then they would've backtracked after community feedback.

#14 Enron

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Posted 19 May 2013 - 22:02

I think everyone should just block advertising on Youtube and be done with it.

#15 vetneufuse

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Posted 23 May 2013 - 18:13

you know, was just thinking about this... Nintendo is forcing a cut in all profits on gameplay video... yet Microsoft builds in Game play DVR functionality so you can share gameplay video?! Is MS going to pull the same thing?



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