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YouTube copyright?


Cyron's Avatar


Cyron
04.24.2012 , 02:38 PM | #1
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...

KurganNazzir's Avatar


KurganNazzir
04.24.2012 , 03:22 PM | #2
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.
Dark Eclipse
GAF

Cyron's Avatar


Cyron
04.24.2012 , 03:32 PM | #3
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?

KurganNazzir's Avatar


KurganNazzir
04.24.2012 , 04:23 PM | #4
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).
Dark Eclipse
GAF

jdi_knght's Avatar


jdi_knght
04.25.2012 , 03:19 AM | #5
Quote: Originally Posted by Cyron View Post
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:
Quote:
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.

Tickdoff-Tank's Avatar


Tickdoff-Tank
04.25.2012 , 08:13 AM | #6
Quote: Originally Posted by jdi_knght View Post
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.
"He uses statistics like a drunken man uses a lightpost: For support rather than Illumination." E. Lang

Ancen's Avatar


Ancen
04.25.2012 , 08:42 AM | #7
Quote: Originally Posted by Tickdoff-Tank View Post
So, basicly the same as a typical Saturday morning. Got it.
I love your sig, sir!

P.S. Great post, above yours, by jdi_knight . Funny stuff.

NightHawke's Avatar


NightHawke
04.25.2012 , 08:44 AM | #8
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.
Dark Legion's Empire Jung Ma Server

Live by the Sword,
Die from Bravado.

matthiaskotor's Avatar


matthiaskotor
04.25.2012 , 11:37 PM | #9
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.

emlfuryoflion's Avatar


emlfuryoflion
12.08.2012 , 12:31 AM | #10
Quote: Originally Posted by KurganNazzir View Post
You can post in-game videos without getting in trouble.
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.
Former SWG player from the flurry server
Guild Member of Flurry United(Republic guild from prophecy of five) Main character is a smuggler named Kratos'Aurion
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