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YouTube copyright?


Cyron

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I've been thinking about taking in-game videos using Fraps and sharing them with some friends using YouTube as an intermediary, but I certainly don't want to infringe on any copyright. Does anyone know anything about this? I've seen *multiple* videos of SWTOR on YouTube (even some full storylines!), but I don't want to be "that guy" who got singled out for some reason. For projects like this, I wish I was a lawyer...
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You can post in-game videos without getting in trouble. The only problem I've had, which isn't really a problem at all, just an annoyance because they suck, is Warner claimed two of my Bounty Hunter class videos saying they own the rights to some of the in-game music. I've had several claims against videos over the years (for various games), some legit and some not, and the most that ever happened was one video had it's music muted. Most claims, I was able to fight and have them removed because they weren't legit claims. And yes, I am one of those who has full class story videos for three classes (so far) posted, plus numerous other videos of dialogues.
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Out of curiosity, how would you fight against a claim from a company completely unrelated to your video? You mentioned Warner, which obviously doesn't have any rights in this... (at least as far as I'm aware). I've posted videos from other games before and one of them got a claim by FOX, but when I wanted to challenge the claim, YouTube doesn't really offer the option "You're wrong. There is no ground for this." Did you just delete and repost the video? Edited by Cyron
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They used to have some options that let you type in a comment so you could explain why you think the claim is invalid, and I would choose whichever sounded closest to my reason and then add my comments, but I'm not even sure if you can do that (add comments) anymore now that they've revamped the site.

 

As for this Warner claim on two of my videos, I have lost disputing it three times so I gave up. It doesn't affect my Youtube account anyway, it just annoys me because I didn't think Warner owned the movie music (They're claiming rights to the short clip of Anakin's Betrayal used in the Bounty Hunter story on Hutta).

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I certainly don't want to infringe on any copyright.

 

If you browse through the terms of service, you won't find anything that allows you to infringe on their copyright. They expressly prohibit it. They add that 3rd parties (beyond BW/LA) may own some of the content too, and to make matters more exciting, state that:

Content owners may take criminal or civil action against you for unauthorized use of intellectual property.

 

 

Now that said, there are piles of TOR videos up, packed full with BioWare's content. And generally speaking, it's probably fair to say that BioWare doesn't mind. It might even be fair for one to suspect that BioWare actually likes it, because most of this content is complementary to the game.

 

But technically, if someday they did mind, there's nothing to stop them from going out and suing all their customers. Except that, of course, a lack of vidz would have a detrimental effect on the game, it's bad PR, and generally it's bad business practise to sue the most dedicated of your customers.

 

But they've left themselves that option.

 

 

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With all that out of the way, avoid popping in any copyrighted music, don't do anything out-of-the-ordinary, and you'll probably be fine. Chances are the worst you'll see is some claim so that some company can get free moniez by advertising on your videos.

 

If you want to mitigate your risk even further (tin-foil hat time!), give the video some weird name like "Cyron's dancing cats video", don't set it to "public", and share the direct link with your friends.

 

If you've already got the tinfoil hat on, blur out identifying information in the video, burn it to a disc, and mail it to your friends without a return mailing address. Mail it from a different state/province. Be sure to wear gloves the whole time. Don't write the address by hand - cut out letters from a newspaper. And don't lick the stamp - it's a common mistake. Have your cat lick it instead - the investigators will be very confused by the non-human DNA and it will throw off their investigation.

 

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Disclaimer: I am not a lawyer. The above should not be taken as legal advice. You accept all risk by following anything I've said, including but not limited to: ending up sued, dead, or waking up naked in a field.

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Disclaimer: I am not a lawyer. The above should not be taken as legal advice. You accept all risk by following anything I've said, including but not limited to: ending up sued, dead, or waking up naked in a field.

 

So, basicly the same as a typical Saturday morning. Got it.

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I have gotten a few infringement emails.

 

I am not really worried about it. If you are doing a game music video (have music in it) then they will just mute it.

 

If you are posting an actual artist music video, they might take it down.

 

Otherwise I would not worry about it.

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Disclaimer: IANAL. YMMV.

 

If you are doing something that would reasonably qualify as 'discussion' or 'commentary' about the game, you can probably fight any copyright infringement claim under the basis of 'fair use'. e.g. if you made a "here's how to beat Operation boss X" or "here's how to win at Warzone Y" instructional video, you can't really do that without showing some gameplay footage. But you have to restrict what you show to what is actually needed for the discussion or commentary.

 

Something like editing together class mission cutscenes into a long video would probably not be considered 'fair use' (and might make BW mad), as you are just taking a bunch of the game's content and redistributing it.

 

It's up to BW what their policy is on this sort of thing. Some game companies will give you official permission to post things if you ask nicely.

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  • 7 months later...
If only that was true. Sony music entertainment destroyed my youtube channel by taking down a SWTOR video because of the stupid in-game music.

 

You really feel the need to necro more than one thread on this subject? Besides, it is true or at least it was at the time it was written. I have over 1,000 gaming videos uploaded and I have never ever had one removed. I've had a few copyright claims and some I was able to get removed because they weren't legit claims while others I wasn't even though they apparently aren't legit claims either, but they also had no impact on my account. I currently have four claims on SWTOR videos due to the use of music clips from the movies that the game uses (Three for Anakin's Betrayal and one for Queen Amidala and The Naboo Palace), but none of the videos are muted or removed, only one is blocked in Germany (no clue why). The funny thing is, I've even had BioWare people roll their eyes at the absurdity when I told them about the claims and who they came from.

 

I get the feeling there's something more to this than you just having a video from the game on Youtube because lots of us do and we have not had problems such as yours.

 

 

I have learned, though, there's a new entity that has software that automatically makes claims instead of the entity reviewing each claim as Youtube requires them to do. They're worse than WMG by the sounds of it.

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You really feel the need to necro more than one thread on this subject? Besides, it is true or at least it was at the time it was written. I have over 1,000 gaming videos uploaded and I have never ever had one removed. I've had a few copyright claims and some I was able to get removed because they weren't legit claims while others I wasn't even though they apparently aren't legit claims either, but they also had no impact on my account. I currently have four claims on SWTOR videos due to the use of music clips from the movies that the game uses (Three for Anakin's Betrayal and one for Queen Amidala and The Naboo Palace), but none of the videos are muted or removed, only one is blocked in Germany (no clue why). The funny thing is, I've even had BioWare people roll their eyes at the absurdity when I told them about the claims and who they came from.

 

I get the feeling there's something more to this than you just having a video from the game on Youtube because lots of us do and we have not had problems such as yours.

 

 

I have learned, though, there's a new entity that has software that automatically makes claims instead of the entity reviewing each claim as Youtube requires them to do. They're worse than WMG by the sounds of it.

 

Yeah I thought it was necessary to dig through more than 1 of these subjects. I am angry I lost my youtube account to this. Initially the video that was removed had been ID'd and blocked in Germany just as some of yours have been but of course it didn't stop there. It got removed by Sony Music Entertainment just weeks later. I had previous copyright strikes set to go away in about 10 days when sony decided to just go ahead and pull the plug on me.

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