Is Video Game Footage Coyprighted?

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similarBlank
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If you when on YouTube and uploaded footage of film and television shows, you would probably get copyrighted for it. So, wold you get copyrighted for uploading footage of video games?
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jgoddard08
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Depends upon how you were using it. Think about all the gaming channels that use it and don't pay. As long as you look up the relevant legislation and put out a disclaimer up for 'fair use' it could be okay, also under things like 'reviewing' (which is an exemption for copyright I believe) it shouldn't be a problem.

If it is a problem, the company will rather seek an injunction or warning for you to remove the video at which stage you can just comply and escape prosecution or fines.

Of course, I don't claim to be an expert so maybe you can email a few of the gaming channels on YouTube and ask them for advice, since they'll know a lot more about this.
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similarBlank
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(Original post by jgoddard08)
Depends upon how you were using it. Think about all the gaming channels that use it and don't pay. As long as you look up the relevant legislation and put out a disclaimer up for 'fair use' it could be okay, also under things like 'reviewing' (which is an exemption for copyright I believe) it shouldn't be a problem.

If it is a problem, the company will rather seek an injunction or warning for you to remove the video at which stage you can just comply and escape prosecution or fines.

Of course, I don't claim to be an expert so maybe you can email a few of the gaming channels on YouTube and ask them for advice, since they'll know a lot more about this.
Ah, thanks. I didn't know reviewing was exempt from copyright. Does this include for TV and Film as well? I see these channels reviewing things with the footage and I think 'How are you not getting copyrighted for this!?'. This'd explain it if it is the case.
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jgoddard08
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(Original post by similarBlank)
Ah, thanks. I didn't know reviewing was exempt from copyright. Does this include for TV and Film as well? I see these channels reviewing things with the footage and I think 'How are you not getting copyrighted for this!?'. This'd explain it if it is the case.
Well, don't take my word for it but last time I checked anything that was deemed educational or came under reviews and analysis of content is largely exempt from copyright law, as long as due credit is given. Generally companies will also be lenient with enforcing any copyright laws too, as all gaming videos really do is promote the game. The relation of a buyer to a tv show is watching it, which is why these are more likely to be enforced. The relation of a buyer to a video game is playing it, not watching someone else play it, so it's just not the same.

The main element with tv and film is 'substantial quantities' so reviews can be put up showing a few second clips in them without having overdone this. Like watch mojo I guess.

Everyone gets away with it. Could get complicated if you start getting money for making videos at which stage a commisary payment thing may be required.
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(Original post by jgoddard08)
Well, don't take my word for it but last time I checked anything that was deemed educational or came under reviews and analysis of content is largely exempt from copyright law, as long as due credit is given. Generally companies will also be lenient with enforcing any copyright laws too, as all gaming videos really do is promote the game. The relation of a buyer to a tv show is watching it, which is why these are more likely to be enforced. The relation of a buyer to a video game is playing it, not watching someone else play it, so it's just not the same.

The main element with tv and film is 'substantial quantities' so reviews can be put up showing a few second clips in them without having overdone this. Like watch mojo I guess.

Everyone gets away with it. Could get complicated if you start getting money for making videos at which stage a commisary payment thing may be required.
Interesting.... I'll have to take a closer look at Watchmojo and see if they put like a disclaimer or something on their videos. I know they put 'Batman Begins (2005)' when they show a clip of it, but i wonder if this is enough.
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Vikingninja
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(Original post by similarBlank)
Interesting.... I'll have to take a closer look at Watchmojo and see if they put like a disclaimer or something on their videos. I know they put 'Batman Begins (2005)' when they show a clip of it, but i wonder if this is enough.
They don't do any disclaimer of stuff. Looked at their worst games of 2015 list and absolutely no disclaimer nor any credit to those who made it. There's some weird "fair use" rules on YT.
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(Original post by Vikingninja)
They don't do any disclaimer of stuff. Looked at their worst games of 2015 list and absolutely no disclaimer nor any credit to those who made it. There's some weird "fair use" rules on YT.
Yeah. I once put up some behind the scenes images from Doctor Who and got copyrighted by the BBC but Watchmojo actually puts clips of it up and there's no problem.
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jgoddard08
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(Original post by similarBlank)
Interesting.... I'll have to take a closer look at Watchmojo and see if they put like a disclaimer or something on their videos. I know they put 'Batman Begins (2005)' when they show a clip of it, but i wonder if this is enough.
Ah, now techincally they wouldn't need a disclaimer, as they're already covered by the 'substantial quantity' point of law. Check professional gaming videos. If theyre fine, so should you be.
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Vikingninja
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(Original post by jgoddard08)
Ah, now techincally they wouldn't need a disclaimer, as they're already covered by the 'substantial quantity' point of law. Check professional gaming videos. If theyre fine, so should you be.
Yeah I think this is the fair usage stuff coming in which I believe (think) to simplify it as much as possible: if you add a substantial amount of your own work to the video then its good.
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similarBlank
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(Original post by Vikingninja)
Yeah I think this is the fair usage stuff coming in which I believe (think) to simplify it as much as possible: if you add a substantial amount of your own work to the video then its good.
Like putting it in a Top 10 list or reviewing it, etc?

Also, does anyone know if this is the same for music?
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