Resurrecting this thread for a couple of reasons. The first is that I just bought a capture device…and I'm suddenly afraid to use it. I'm still on the fence about doing Let's Plays; I know it should be straightforward: get permission from the developer and publisher or don't do it and just review the game instead. But now there is paranoia surrounding the fact that while some publishers have a public statement on their website giving their stance on Let's Plays (under certain conditions), they also frequently state that they have the right to change their policies as they see fit…so a Let's Play could be fine one day and riddled with copyright notices the next.
And then you have Square Enix's (North America) policy which, while generally okay with Let's Plays, also states, "Don’t Mix Our Materials With Those of Other Publishers: This confuses ownership and gets very messy." So…does that mean they forbid editorials (i.e. Top 10 lists) using their material? Isn't that covered under fair use?