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Are Let's Plays Technically Legal…?

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OttselHero
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07 Apr 2017, 9:33 am

Lately I've been wanting to start a Let's Play series, but I can't help but question the legality of it. All I can find in my research are answers to whether or not someone can monetize a Let's Play, but I have no intention of monetizing my videos whatsoever. So…am I fair game to record a Let's Play for anything as long as it's not monetized (as long as the music is turned off, of course)?



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07 Apr 2017, 11:49 am

In times of uncertainty, I always keep this link bookmarked just in case.
http://letsplaylist.wikia.com/wiki/%22L ... opers_Wiki

Generally all developers and publishers are okay with Let's Plays. As for monetization, that's what the link is for. The list is not complete yet, but a lot of names are there. You may want to keep the music off if it is licensed. I can't help you if it is an original soundtrack, but copyright claims still come in especially from people who have nothing to do with the game or its soundtrack.


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OttselHero
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08 Apr 2017, 9:54 am

Aspiegaming wrote:
In times of uncertainty, I always keep this link bookmarked just in case.
http://letsplaylist.wikia.com/wiki/%22L ... opers_Wiki

Generally all developers and publishers are okay with Let's Plays. As for monetization, that's what the link is for. The list is not complete yet, but a lot of names are there. You may want to keep the music off if it is licensed. I can't help you if it is an original soundtrack, but copyright claims still come in especially from people who have nothing to do with the game or its soundtrack.


That link helps ease my mind a little. Thanks! As for music, I'll probably just play it safe and turn it off if the game offers that option. If it doesn't, then I'll have no choice but to mute the game in post. In my research I've learned that a lot of people fell victim to YouTube's Content ID because of The Last of Us soundtrack (though this only seemed to occur during opening/closing credits and cutscenes). I think a lot of people fall back on using royalty free music so that the gameplay can still have some soul to it, so I might decide to do the same. It seems like Kevin MacLeod is very YouTube-friendly, so I'll likely use his stuff when appropriate.

So would it be too much if I requested permission from developers to upload Let's Plays of their games if I don't intend to monetize? What about games from defunct developers (i.e. Disney Interactive Studios)?



Aspiegaming
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08 Apr 2017, 11:39 am

OttselHero wrote:
Aspiegaming wrote:
In times of uncertainty, I always keep this link bookmarked just in case.
http://letsplaylist.wikia.com/wiki/%22L ... opers_Wiki

Generally all developers and publishers are okay with Let's Plays. As for monetization, that's what the link is for. The list is not complete yet, but a lot of names are there. You may want to keep the music off if it is licensed. I can't help you if it is an original soundtrack, but copyright claims still come in especially from people who have nothing to do with the game or its soundtrack.


That link helps ease my mind a little. Thanks! As for music, I'll probably just play it safe and turn it off if the game offers that option. If it doesn't, then I'll have no choice but to mute the game in post. In my research I've learned that a lot of people fell victim to YouTube's Content ID because of The Last of Us soundtrack (though this only seemed to occur during opening/closing credits and cutscenes). I think a lot of people fall back on using royalty free music so that the gameplay can still have some soul to it, so I might decide to do the same. It seems like Kevin MacLeod is very YouTube-friendly, so I'll likely use his stuff when appropriate.

So would it be too much if I requested permission from developers to upload Let's Plays of their games if I don't intend to monetize? What about games from defunct developers (i.e. Disney Interactive Studios)?

You don't have to request if you don't intend to monetize. It's free advertisement. The least you can do is find an audience that enjoys the game you play as much as you do and encourage them to get the game. As for defunct developers, I don't really know. It's the publisher that matters more in cases like this, but if the publisher is out too than I can recommend looking up what they've had and see who bought it when they went under. There's also the case of abandonware where both the developer and the publisher are gone and the games' rights are floating out there in some sort of limbo. I don't know too much about that. Basically, if there's a game you want to play, go for it.
One last thing, beware of Nintendo. They are the only company I know so far who do any monetizing. If you want to do a Nintendo game, don't fight Nintendo copyright claims. Just let them do it. They have their reasons as a company.


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08 Apr 2017, 11:25 pm

If the publisher and developer are dead, then there's nothing stopping you from freely using the content. If they've been taken over by a different company, then that's a different story.



OttselHero
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09 Apr 2017, 12:38 pm

Aspiegaming wrote:
OttselHero wrote:
Aspiegaming wrote:
In times of uncertainty, I always keep this link bookmarked just in case.
http://letsplaylist.wikia.com/wiki/%22L ... opers_Wiki

Generally all developers and publishers are okay with Let's Plays. As for monetization, that's what the link is for. The list is not complete yet, but a lot of names are there. You may want to keep the music off if it is licensed. I can't help you if it is an original soundtrack, but copyright claims still come in especially from people who have nothing to do with the game or its soundtrack.


That link helps ease my mind a little. Thanks! As for music, I'll probably just play it safe and turn it off if the game offers that option. If it doesn't, then I'll have no choice but to mute the game in post. In my research I've learned that a lot of people fell victim to YouTube's Content ID because of The Last of Us soundtrack (though this only seemed to occur during opening/closing credits and cutscenes). I think a lot of people fall back on using royalty free music so that the gameplay can still have some soul to it, so I might decide to do the same. It seems like Kevin MacLeod is very YouTube-friendly, so I'll likely use his stuff when appropriate.

So would it be too much if I requested permission from developers to upload Let's Plays of their games if I don't intend to monetize? What about games from defunct developers (i.e. Disney Interactive Studios)?

You don't have to request if you don't intend to monetize. It's free advertisement. The least you can do is find an audience that enjoys the game you play as much as you do and encourage them to get the game. As for defunct developers, I don't really know. It's the publisher that matters more in cases like this, but if the publisher is out too than I can recommend looking up what they've had and see who bought it when they went under. There's also the case of abandonware where both the developer and the publisher are gone and the games' rights are floating out there in some sort of limbo. I don't know too much about that. Basically, if there's a game you want to play, go for it.
One last thing, beware of Nintendo. They are the only company I know so far who do any monetizing. If you want to do a Nintendo game, don't fight Nintendo copyright claims. Just let them do it. They have their reasons as a company.


Duly noted! Though I've heard apparently Nintendo is now "okay" with monetized Let's Plays, but they will scoop up all of the ad revenue you make, so I'm almost under the impression that they would have more of a problem with non-monetized Let's Plays since they wouldn't be able to make anything off of it. Bottom line, I won't touch Nintendo (despite how much I would love to LP The Legend of Zelda). I've also heard Konami and 2K Games are kinda sticky on the subject.



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09 Apr 2017, 12:41 pm

saxgeek wrote:
If the publisher and developer are dead, then there's nothing stopping you from freely using the content. If they've been taken over by a different company, then that's a different story.


I had Disney's Hercules in mind when I posed that question (I figured what better way to begin Let's Plays than by recording a Let's Play of the first video game I ever played). Yes, Eurocom and Disney Interactive Studios are both dead, however I also learned that licensed characters are another beast since Hercules belongs to Disney, first and foremost. So that also means it might be better to lay off of the tie-in games to the Harry Potter and Lord of the Rings films as well (though through fair use, I should be allowed to give those games an in-depth review).



izzeme
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13 Apr 2017, 4:43 am

If you turn off the music and don't monetize, i think the worst that can happen is that you will be asked to stop recording, and take down existing videos, with no extra repercussions.
When in doubt, go and see if there is someone else doing a lets play; if there are more of them, it's probarbly fair game.



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13 Apr 2017, 5:04 am

OttselHero wrote:
Lately I've been wanting to start a Let's Play series, but I can't help but question the legality of it. All I can find in my research are answers to whether or not someone can monetize a Let's Play, but I have no intention of monetizing my videos whatsoever. So…am I fair game to record a Let's Play for anything as long as it's not monetized (as long as the music is turned off, of course)?


It's a bit of a grey area but as far as I know, nobody has ever been sued for copyright over let's plays. What you might want to do is look up what the particular game company's policy is on them, there are quite a few that allow it and others that turn a blind eye. I know that Blizzard is one the ones that do have an official policy that allow it (they have assisted let's players to get their videos back up when other's had flagged them for copyright reasons).



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17 Apr 2017, 9:40 pm

For what it's worth, TobyGames was allowed to play L.A Noire, as long as he skipped certain cutscenes.


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OttselHero
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28 Apr 2017, 11:39 am

reyisautistic wrote:
For what it's worth, TobyGames was allowed to play L.A Noire, as long as he skipped certain cutscenes.


That adds another layer of questions. How would I know if I'm not allowed to show certain cutscenes?



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28 Apr 2017, 11:51 am

OttselHero wrote:
reyisautistic wrote:
For what it's worth, TobyGames was allowed to play L.A Noire, as long as he skipped certain cutscenes.


That adds another layer of questions. How would I know if I'm not allowed to show certain cutscenes?


Not to worry. If she was talking about Youtube rules then those only really apply if you're a youtube partner or you monetise your videos. Youtube doesn't allow what they call youtube partners (which TobyGames might be one) to show any cutscenes or play the licensed music on their let's plays but that mostly only applies if they monetise their videos. Otherwise, most video game companies (who are the actual copyright holders) usually don't bother with let's plays and many them just see it as free advertising.



OttselHero
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29 Apr 2017, 10:11 am

Jono wrote:
OttselHero wrote:
reyisautistic wrote:
For what it's worth, TobyGames was allowed to play L.A Noire, as long as he skipped certain cutscenes.


That adds another layer of questions. How would I know if I'm not allowed to show certain cutscenes?


Not to worry. If she was talking about Youtube rules then those only really apply if you're a youtube partner or you monetise your videos. Youtube doesn't allow what they call youtube partners (which TobyGames might be one) to show any cutscenes or play the licensed music on their let's plays but that mostly only applies if they monetise their videos. Otherwise, most video game companies (who are the actual copyright holders) usually don't bother with let's plays and many them just see it as free advertising.


Ahh, gotcha. Thanks for the input, everyone!



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29 Apr 2017, 11:08 am

I amn't a gamer, but I like the OP question from a legal POV.

It appears that the copyright status of Let's Play videos or discussion is questionable and unfinished. As such, copyright is presumed unless there is no obvious claim to it. The degree of copyright can be a mix-and-match variety of claims. Creative Commons, for example, is one of the alternatives to strict copyright of a product like games. Perhaps the most interesting and likely controversy in this question is that of the old Apple Computer Inc. v. Microsoft "look and feel" controversy ( https://en.wikipedia.org/wiki/Look_and_feel ). Any published videos which don't have permission to license whatever copyright the games claim might run afoul of certain laws. At this point in the conversation, the possibility of protecting use of copyrighted features without permission could be done lawfully under federal and state "fair use" laws which would allow for use of very brief snippets of video if they are intended to highlight a critique of the original product.


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29 Apr 2017, 11:46 am

Just not so sure people would really be interested in watching silent videos of you playing games.


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OttselHero
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07 May 2017, 10:44 am

AspieUtah wrote:
I amn't a gamer, but I like the OP question from a legal POV.

It appears that the copyright status of Let's Play videos or discussion is questionable and unfinished. As such, copyright is presumed unless there is no obvious claim to it. The degree of copyright can be a mix-and-match variety of claims. Creative Commons, for example, is one of the alternatives to strict copyright of a product like games. Perhaps the most interesting and likely controversy in this question is that of the old Apple Computer Inc. v. Microsoft "look and feel" controversy ( https://en.wikipedia.org/wiki/Look_and_feel ). Any published videos which don't have permission to license whatever copyright the games claim might run afoul of certain laws. At this point in the conversation, the possibility of protecting use of copyrighted features without permission could be done lawfully under federal and state "fair use" laws which would allow for use of very brief snippets of video if they are intended to highlight a critique of the original product.


I suppose I could just ask permission to be on the safe side, otherwise I can devote a lengthy review (~20 minutes) to games I haven't received permission for. What if a developer has a policy written on their website stating that LP's are fine by them? Is that fine, or do I need a written statement in an email addressed specifically to me? And while I think about it, is it really up to the developer or the publisher?