Are Let's Play Videos Illegal?
- Thread starter berto
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Chancey289
Fake Geek Girl.
No.
Moving on.
Moving on.
Demi-fiend
Metempsychosis
Yeah, that's what I was thinking.
No. They're most definitely not.
No. They're most definitely not.
DreadnoughtDT
God of Hyperdeath
No. They are user created content. The game is simply the medium being used to make the commentary.
As long as the focus is on the person's opinion of the game, then it's not illegal. Like that guy said, without the commentary and the howling it wouldn't have enough originality to pass under the bar, it has to be a critique of the game.
I'd be more interested in the debate on how modern generations perceive the fact that fanart, including fanart doujinshis, being sold is actually illegal, just allowed as long as it's kept in very limited number.
I'd be more interested in the debate on how modern generations perceive the fact that fanart, including fanart doujinshis, being sold is actually illegal, just allowed as long as it's kept in very limited number.
Demi-fiend
Metempsychosis
Uh, no. You can play the entire game without saying a word, and it still wouldn't be illegal.
Winterfrost
Shadow-of-Sundered-Star
The only thing illegal is if you claimed you made the game itself, that it's your original piece.
So, since I'm a youtuber (Not really), how it works is..well basic marketing.
>You make video with paid game in it
>Activate Ad-sense (aka "this is original content" Hence the word content, not property. But it can be property)
>People who click your ad, or buys the game through a link gives you some money, but you need to get over x amount in order to actually get money per month. So if you don't get that 100$ Threshold (for example) before the end of the month, the remaining carries over to the next month.
>If you use a paid product, then what Let's Plays basically are, are extended advertising said companies game/product.
If anything you're a big advertiser, getting some of the cut.
But if you're not smart enough when it comes to taxes, then boy it can **** you if you make a LOT of money. I can't seem to find Maximillian Dood's video on it. But pretty much you gotta play it smart.
Let's say you have a tax inspector(?) come into your house, you tell them "Hey this is my work station, I paid for these." when it comes to your computer, chair, consoles, etc. Then however you're good. They tally up the amount of stuff in your work station would cost, and take it off of your taxes (not refund, but what you'd owe basically)
In short, if you're a Let's Player, as long as the game is PAID for, then some of the money you make off of the videos go to the devs (because watchers can buy the paid product), and as long as there's no copyright problems with said product (e.g. music)
So, yup, it's not illegal.
So, since I'm a youtuber (Not really), how it works is..well basic marketing.
>You make video with paid game in it
>Activate Ad-sense (aka "this is original content" Hence the word content, not property. But it can be property)
>People who click your ad, or buys the game through a link gives you some money, but you need to get over x amount in order to actually get money per month. So if you don't get that 100$ Threshold (for example) before the end of the month, the remaining carries over to the next month.
>If you use a paid product, then what Let's Plays basically are, are extended advertising said companies game/product.
If anything you're a big advertiser, getting some of the cut.
But if you're not smart enough when it comes to taxes, then boy it can **** you if you make a LOT of money. I can't seem to find Maximillian Dood's video on it. But pretty much you gotta play it smart.
Let's say you have a tax inspector(?) come into your house, you tell them "Hey this is my work station, I paid for these." when it comes to your computer, chair, consoles, etc. Then however you're good. They tally up the amount of stuff in your work station would cost, and take it off of your taxes (not refund, but what you'd owe basically)
In short, if you're a Let's Player, as long as the game is PAID for, then some of the money you make off of the videos go to the devs (because watchers can buy the paid product), and as long as there's no copyright problems with said product (e.g. music)
So, yup, it's not illegal.
Well they certainly wouldn't bother with filing a lawsuit against one insignificant person... unless he or she is making lots of money from it.
Without the comments it is no longer protected by the fair use agreement and becomes copyright infringement. There have been videos of game footage taken off youtube and other places, it all depends on how much is someone willing to report.
Demi-fiend
Metempsychosis
Actually, I was talking about playing them for free, but if youtubers take the precautions above, then I honestly don't see a problem with it.
Screw the taxman/IRS/gubbermint mafia anyway. They're all crooks that use the taxpayers' money for endless war, spying, torture, and illegal banking bailouts, so it's not like they deserve that money...
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Winterfrost
Shadow-of-Sundered-Star
That's the thing, some devs/publishers are a bit picky on what they want to be shown from their game. Or hell, not even let people show it at all, because there might be certain sounds or hell even pictures that are copyrighted and are not allowed to use.
Remember when everyone would use 009 Dreamscape on youtube videos? Oh god.
@Vergilius Well if it's for free, most of the time the devs, publishers, etc. don't give a flying ****.
Demi-fiend
Metempsychosis
Except Capcom. They flagged anyone who even talked about SFV.
Winterfrost
Shadow-of-Sundered-Star
>Capcom.
I'm afraid I hadn't yet discovered youtube when this 009 Dreamscape was used. From your reaction I gather it's a good thing. XD
I usually see disappearing videos when they show a game that is still fresh. After that they probably no longer care since at that point official sources no longer talk so much about the game, so unofficial ones become essential for newcomers to find out about the product.
Copyright is a tricky thing, yet new generations are used to free sharing, so there has to be some middle ground.
Basing something on preexisting content, like using a similar idea in a story, is certainly not illegal. I think it has to have at least 60% original content to be considered okay.
Few years ago Gaia online had to change a look of one of their item a bit, cause someone found out it looked too similar to another person's art and alerted that person. You can create something that looks similar, call it inspiration, but not something that can be easily mistaken for the original. Though that's a different category of intellectual property than the issue with videos using game footage.
Innsmouth
Sleeping DMC Fan
That's why I say let's play videos are not illegal. They basically offering custom walkthroughs just like people who writing them do. As such something that uses prexisting content and using it in non-commercial purpose shouldn't be considered illegal.
Ah, but the problem that raised question marks here is the fact that let's play videos have become so popular, some of the creators, those with better nose for business, are now making quite a nice cash through advertising. This way they actually stepped out of the non-commercial area a bit, while they are not making money on selling the game itself, they are making money by using the game as a good way to attract people.
Until they adjust the law to cover this kind of situation, there will be no precise answer on all this.
Innsmouth
Sleeping DMC Fan
hmm...yeah ad money...but than again all those videos that made as compilation videos are illegal too. Besides if in background plays commercial music (like in Let's play videos) you won't e able to turn ads on in it.
A lot of stuff is actually illegal, we just don't realize it cause we all like to be creative and share with others. And videos about games are the norm today. I even have a channel on TV (lol, channel 666, they really got a good number) that shows only stuff about video games, with commentary of course and made by professionals.
Innsmouth
Sleeping DMC Fan
now, on the other hand, lets play serve as good promotion for games.