Is Recording and Posting Game Videos on YouTube a Copyright Issue?

Recording and uploading game videos to platforms like YouTube can often raise concerns regarding copyright. Factors such as the policy of the game developer, the content of the video, and the platform’s own guidelines can all play a significant role in whether or not a video is considered infringing. In this article, we will explore these issues in detail.

Game Developers' Policies and Fair Use

The first and most crucial factor to consider is the policy set by the game developer. Many developers now include clear guidelines regarding the use of their copyrighted materials. For instance, some developers explicitly prohibit the use of their content without permission, while others have more lenient policies that might allow for specific uses under certain conditions. These conditions often include fair use, which is a legal doctrine that allows for limited use of copyrighted material without obtaining permission from the rights holder.

Fair use is a flexible concept that depends on the application rather than fixed criteria. Factors that courts typically consider include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work. When creating and posting game videos, it's important to pay attention to these factors and strive to use the content in a way that adds value and commentary rather than simply reproducing it verbatim.

YouTube's Content Policies

YouTube also has its own set of policies and guidelines that are separate from the content rules set by the game developers. According to YouTube's Content ID, unauthorized use of music, sound recordings, or other copyrighted materials can lead to copyright strikes or content takedowns. This includes background music, audio effects, and even video clips that include copyrighted material. It's crucial to ensure that any music or other copyrighted elements in your video are either cleared for public use or removed to avoid any infringement.

Game developers like Ubisoft, BioWare, and Electronic Arts (EA) often provide specific settings within their games, such as the "streamer mode," which allows players to broadcast and record gameplay without using copyrighted music. However, these settings do not guarantee immunity from copyright claims, especially if the content is used in a transformative manner.

Personal Experiences and Lessons Learned

Several factors can influence whether recording and posting game videos leads to copyright issues. For example, the nature of the video and its content can determine whether a copyright claim is filed. In one instance, a YouTuber was banned from YouTube for posting content that they claimed contained too much graphic violence, specifically from a modified version of Grand Theft Auto V. This was not a typical copyright issue but rather a policy violation regarding content moderation. YouTube suggested "tone down" the content, but the YouTuber chose to continue posting controversial content, eventually facing the ban.

Another YouTuber shared their experience with Far Cry New Dawn, which includes a "streamer mode" setting to avoid copyright issues. This setting allows you to broadcast and record gameplay without using copyrighted music or other material. Despite this, the YouTuber’s experience with Far Cry New Dawn and other games didn't prevent recurring copyright issues.

Some YouTubers have even faced situations where their content, which doesn't strictly qualify as fair use, has not been claimed by copyright holders. For example, one YouTuber created a side channel with video clips of game cutscenes with no additional content and no fair use claim. However, a straightforward analysis of a movie with snippets from the same game, while clearly fair use, resulted in an automatic Content ID claim. This experience suggests that the policy application is highly variable and can differ between content providers and even between different videos of the same provider.

Conclusion and Recommendations

The issue of copyright when recording and posting game videos on YouTube is complex and can vary widely depending on the specific circumstances. To minimize the risk of copyright claims and ensure compliance with both game developer and YouTube policies:

Review the game’s EULA and policies: Understand the specific rules set by the game developer regarding recording and content use. Ensure compliance with YouTube’s policies: Be aware of Content ID and other copyright guidelines on YouTube. Use transformative content: Try to add significant value or new commentary to the content, which can bolster a fair use defense. Seek permission when necessary: If the use of copyrighted materials is essential and cannot be avoided, seek permission from the content owner.

By taking these steps and maintaining a balanced approach, YouTubers can create engaging game content while adhering to copyright laws and platform policies.