Post Reply Question about making a Video with Nintendo content.
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Posted 1/25/16
So I heard its a thing if you feature Nintendo stuff without permission your Video gets destroyed so is there something I have to sign up for or something?

Im sorry if this is a dumb question but I tried to google it and its kinda cryptic.
Posted 1/25/16
Yes, the policies are strict, and the only guarantee way for your videos to stay up is for you to join their stupid program or something apparently.

https://r.ncp.nintendo.net/guide/

This applies to anywhere from a single video to an entire channel. IF you do only some videos you have to do it seperately. Might take a couple of days.
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Posted 1/25/16 , edited 1/25/16

Yes, the policies are strict, and the only guarantee way for your videos to stay up is for you to join their stupid program or something apparently.

https://r.ncp.nintendo.net/guide/

This applies to anywhere from a single video to an entire channel. IF you do only some videos you have to do it seperately. Might take a couple of days.


Wait, if I register a Video with Nintendo content, am I not allowed to to use any other content in that video like different music or games and such?
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Posted 1/25/16
N-nintendo... am I trying to have fun making content and play Nintendo game or am I signing a contract for the FBI? Jeezzz
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Posted 1/25/16

AzuroHeart wrote:
N-nintendo... am I trying to have fun making content and play Nintendo game or am I signing a contract for the FBI? Jeezzz


the problem is that Google pay people for their content, so you'd effectively be making profit of Nintendo's IP
the policy is there to protect their IP.
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Posted 1/25/16


the problem is that Google pay people for their content, so you'd effectively be making profit of Nintendo's IP
the policy is there to protect their IP.


Ever played Freedom Wars? "Good day to you, SINNER"

But whatever I'll try to work with this. xD
Posted 1/25/16 , edited 1/25/16
If they were only claiming let's play videos I could possibly see it, since LP is a grey area.
However, Nintendo will claim review and commentary/opinion videos as well which are largely protected by fair-use even when monetized.
It has got nothing to do with protecting IP, they are abusing content ID for profit which is made even clearer by the profit sharing agreements they have, at least one of which give Nintendo the right review and reject any content before upload. Even if Japan doesn't have a fair-use statute that does mean they get to ignore it in countries that do.
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Posted 1/25/16 , edited 1/25/16

nooneinparticular wrote:
Nintendo will claim review and commentary/opinion videos as well which are largely protected by fair-use even when monetized.

==source?==

according to the official copyright office, the fair use is on a case-by-case basis.
the only thing they can say is that videos that are monetized are less likely to be under fair use [1]
and videos with a significant amount of copyrighted content is less likely to be under fair use [ibid]

let's play have both. in some cases, the entire video is the guy playing the video, which is obviously copyrighted, and only add his comments on top of the video + get paid by Google. i think it's not hard to see why Nintendo wouldn't be happy about those.

edit: it could also be argued that Let's Play harm sales, since people could simply watch someone else play and not play the games themselves, which in turn result in a potential loss in sales. i know, you could also argue that it actually help boost sales by exposing the game to a larger audience.

[1] http://copyright.gov/fair-use/more-info.html
Posted 1/25/16 , edited 1/25/16



according to the official copyright office, the fair use is on a case-by-case basis.
the only thing they can say is that videos that are monetized are less likely to be under fair use [1]
and videos with a significant amount of copyrighted content is less likely to be under fair use [ibid]...


That's true but there explicit examples of uses that are fair in the U.S copyright law. Among the are
criticism, commentary, and parody.
Monetized videos are not less likely to be fair, as it is one factor to be considered should it makes it's way to court.
It's academic cause they are using non-judicial means to enforce it. If it was the DMCA, a counter claim would get
the video back and force Nintendo to take legal action.

Also note I said I could see them claiming let's play as they are a grey area.
However, except in the case of heavily story driven games, I don't think one is a direct substitute for the other
cause passively watching someone play Smash Bros. or Galaxy etc is far different than playing.
In the case of popular let's players, the ones with an audience large enough to have any noticeable effect on sales, it doesn't
matter what game they play, their fans are their for them not the game. Yes, absolutely I could argued that they increase
sales, a possiblity that has at least been acknowledged with publishers giving sponsorships for LPs of their game.

Typed on an iPhone, please excuse the typos and brevity.
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Posted 1/26/16
Hmmm... this is something to think about, no one should have the power to control what you see and hear and especially what Nintendo has done is create a fear among people about their content even to those who mean them no harm, but its understandable that sales could be hurt by "Let's plays" and people not buying their games.

I also said that about the content like the Remake of Bombom Battle Field that one guy made and Nintendo took it down , like I said that its not a bad thing to be inspired and make something based on another due to a love for the content and its Nintendo's fault in a sense if they loose sales- as Game designing veterans- if they get out done and fail to meet demands that would make them money- that they made themselves as a company who makes entertainment- by fan content, then they're doing something wrong.

And the actions of Nintendo have scared some people out of inspirations because of these rules they've made,and no one should be ashamed of inspirations with good intent.


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Posted 1/26/16
Just stay away from it.

Nintendo's affiliate program.
https://www.youtube.com/watch?v=t-67CvWTQ0I
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