• Nintendo To Begin YouTube Affiliate Program, Will Split Revenue with Youtubers
    142 replies, posted
[QUOTE=Fangz;44923624] [img]http://i19.photobucket.com/albums/b196/Starmenclock/NintendoYoutube_zps766a0325.png[/img][/QUOTE] Yes, I understood some of that.
[QUOTE=MaxOfS2D;44923860]The "free advertising" argument doesn't really hold any water for one of the biggest video game companies of the world. Do you really think Mario needs free advertising?[/QUOTE] It's not Mario that needs to be advertised, it's the games featuring him. Mario being in a game doesn't guarantee its quality. Watching a Let's Play can let you know that a game isn't shit
[QUOTE=mchapra;44923975]Unless I'm mistaken but shouldn't fair use guidelines cover use of works for commentary? Since let's plays are indeed commentary?[/QUOTE] Commentary as defined by fair use is making statements based on the product you're using, for example, reusing a news broadcast and criticizing them for what they're saying IE Jon Stewart. Let's plays don't do that, they just play the game and talk about whatever they want to.
[QUOTE=l337k1ll4;44923947]Would people watch a let's play if there was no game? Would they listen to the same commentary if it was just a facecam? If that was true, LPers wouldn't bother playing games. The game is the core of the content, that's why it's called a Let's PLAY.[/QUOTE] Would people see a cover band if they couldn't cover any of the original band's music?
when a youtube content creator makes a video about your game, do you lose anything? no. he's not claiming to have MADE your game. he's not magically stealing the earnings of your game somehow. that content has no negative effect on your whatsoever. in fact, it's beneficial to you, it's free exposure for your game. a lot of developers give codes of their games to youtube content creators for this very reason. let's plays are a GOOD thing for you as a developer. nintendo taking a cut of the ad revenue from these videos is just going to make content creators stop covering their games. why the hell would they bother if they're gonna get less money for their time?
[QUOTE=RenegadeCop;44923995]Yeah and i'm sure next you're going to tell me the sun god doesn't want my daily human sacrifices Do some reading before you post please[/QUOTE] Listen, I said Earth isn't a person, the Sun God is very real and not giving him his daily sacrifice is dangerous. Those are two completely different things. [editline]27th May 2014[/editline] [QUOTE=FlakAttack;44923998]Would people see a cover band if they couldn't cover any of the original band's music?[/QUOTE] No which is why cover bands do pay royalties even though you said they don't.
[QUOTE=Janus Vesta;44923960]The creators of the game have no rights to the earnings of derivative works.[/QUOTE] are you serious right now? if I sell a shirt with Mario's image on it it's still Nintendo's intellectual property dude [QUOTE=Janus Vesta;44923960]they had no part in the creation of a Let's Play[/QUOTE] Um.... MAYBE EXCEPT FOR THE GAME BEING PLAYED?!
This is fucking ridiculous. Imagine if every advertiser did this. Youtube would be a very different place.
[QUOTE=MaxOfS2D;44924026]Um.... MAYBE EXCEPT FOR THE GAME BEING PLAYED?![/QUOTE] Does the game state that you are not allowed to record game footage and upload it without first seeking approval/paying royalties to the developer/publisher? No? Then it's ambiguous at best.
[QUOTE=Protocol7;44924045]Does the game state that you are not allowed to record game footage and upload it without first seeking approval/paying royalties to the developer/publisher? No? Then it's ambiguous at best.[/QUOTE] I didn't realize that things are only bad when you're explicitly warned at every turn not to. I guess I can park on the sidewalk because there aren't signs telling me not to.
[QUOTE=KennyAwsum;44924039]This is fucking ridiculous. Imagine if every advertiser did this. Youtube would be a very different place.[/QUOTE] It would actually an improvement if this were a native feature of YouTube, because right now, it's either 100% to you, or 100% to the people claiming the video. I think this must actually be part of the ContentID back-end because sometimes several companies can claim the same video... so surely there must be a split determined at some point down the line.
[QUOTE=MaxOfS2D;44924056]It would actually an improvement if this were a native feature of YouTube, because right now, it's either 100% to you, or 100% to the people claiming the video. I think this must actually be part of the ContentID back-end because sometimes several companies can claim the same video... so surely there must be a split determined at some point down the line.[/QUOTE] That would be fantastic, add in a system to allow disputes to be more than just "IT'S ALL MINE." When a dispute arises, let both sides of the dispute offer what they believe are fair deals for percentages of profit.
To be fair. You bought a game, not an advertising contract.
[QUOTE=l337k1ll4;44924053]I didn't realize that things are only bad when you're explicitly warned at every turn not to. I guess I can park on the sidewalk because there aren't signs telling me not to.[/QUOTE] That's sort of how things work in an "innocent until proven guilty" court system. And you are told to not park on the sidewalk because that's part of driver's ed, and it's in state and probably federal statutes. There is no legal red tape saying you can't record game footage for use in a Let's Play (which, by the way, introduces another creative element on top of the game footage).
[QUOTE=Protocol7;44924079]That's sort of how things work in an "innocent until proven guilty" court system. And you are told to not park on the sidewalk because that's part of driver's ed, and it's in state and probably federal statutes. There is no legal red tape saying you can't record game footage for use in a Let's Play (which, by the way, introduces another creative element on top of the game footage).[/QUOTE] Except for copyright laws.
[QUOTE=Protocol7;44924079]That's sort of how things work in an "innocent until proven guilty" court system. And you are told to not park on the sidewalk because that's part of driver's ed, and it's in state statutes. There is no legal red tape saying you can't record game footage for use in a Let's Play (which, by the way, introduces another creative element on top of the game footage).[/QUOTE] No, but there's certainly legal red tape saying that you can't use game footage which you don't have rights to, to monetize it.
youtube guidelines say that you can't monetize without permission. [URL]https://support.google.com/youtube/answer/138161?hl=en[/URL] [QUOTE][B]What can I monetize?[/B] Video game content may be monetized depending on the commercial use rights granted to you by licenses of video game publishers. Some video game publishers allow you to use all video game content for commercial use and state that in their license agreements. Likewise, videos showing software user interface may be monetized only if you have a contract with the publisher or you have paid a licensing fee.[/QUOTE] [QUOTE][B]What can't I monetize?[/B] Without the appropriate license from the publisher, use of video game or software user interface must be minimal. Video game content may be monetized if the associated step-by-step commentary is strictly tied to the live action being shown and provides instructional or educational value. Videos simply showing a user playing a video game or the use of software for extended periods of time may not be accepted for monetization.[/QUOTE] Nintendo is giving permission with this service.
It's a bit of a ck move but it's totally legal.
[QUOTE=Vodkavia;44924101]Considering LPers generate millions of views for what's essentially a 15+ minute add at no cost to Nintendo that people willingly watch I would say free advertising holds plenty of water. Things like flappy bird, minecraft and amnesia exploded when the likes of pewdiepie got their Mitts on it. LPs don't cost Nintendo jackshit and help plenty, they are using legal bullying to double dip.[/QUOTE] And yet again, as I said, if I were to upload an entire movie to Youtube, that would be free advertising as well. That has nothing to do with it.
woo now theyre only half cunts instead of full cunts
Everyone's going insane yet Nintendo didn't say how much they're taking. It could be as good as 10/90, the 90 being for the LPer, or as bad as 50/50.
[QUOTE=l337k1ll4;44924113]And yet again, as I said, if I were to upload an entire movie to Youtube, that would be free advertising as well. That has nothing to do with it.[/QUOTE] There's a huge difference between uploading a movie unchanged and uploading a video of you commenting on gameplay.
[QUOTE=l337k1ll4;44924113]And yet again, as I said, if I were to upload an entire movie to Youtube, that would be free advertising as well. That has nothing to do with it.[/QUOTE] That's not a fair comparison. Games are defined by choice, so your experience will differ compared to the LPers. On top of that, the commentary of LP's is its own content by its own right. I will concede on the copyright grounds - technically, the only things that are copyrighted are assets like sound and model/texture assets - so while the footage itself is legally ambiguous, the fact that you are depicting copyrighted material is quite illegal.
[QUOTE=Janus Vesta;44924136]There's a huge difference between uploading a movie unchanged and uploading a video of you commenting on gameplay.[/QUOTE] My point was simply that arguing that it's free advertising is completely pointless and has no effect on the legality or morality.
[QUOTE=Protocol7;44924137]That's not a fair comparison. Games are defined by choice, so your experience will differ compared to the LPers. On top of that, the commentary of LP's is its own content by its own right. I will concede on the copyright grounds - technically, the only things that are copyrighted are assets like sound and model/texture assets - so while the footage itself is legally ambiguous, the fact that you are depicting copyrighted material is quite illegal.[/QUOTE] The footage isn't "ambiguous". You don't have commercial (and that means monetization) rights to it, period. This is what this affiliate program is doing: Nintendo gives you commercial/monetization rights and they get a cut. Simple.
I really think it sucks how Youtubers feel entitled to use this content when the rest of the content creation industry, TV, radio, musicians, etc, have never complained about paying royalties to content owners when they use it.
I personally think this WILL backfire on Nintendo HARD What let's player ( who makes their entire [B]living[/B] off of let's plays) will play a game that takes away some of that money?? This can only ruin potential sales and popularity. GG
[QUOTE=Scotty.;44923708]hard work and effort they've put in to videos[/QUOTE] Uh... [editline]27th May 2014[/editline] [QUOTE=l337k1ll4;44924203]I really think it sucks how Youtubers feel entitled to use this content when the rest of the content creation industry, TV, radio, musicians, etc, have never complained about paying royalties to content owners when they use it.[/QUOTE] Except youtubers don't even get the option of royalties outside of jumping through a million hoops and proving to youtube that you did it for every video.
[QUOTE=l337k1ll4;44924203]I really think it sucks how Youtubers feel entitled to use this content when the rest of the content creation industry, TV, radio, musicians, etc, have never complained about paying royalties to content owners when they use it.[/QUOTE] Oh, they complain about it. They just aren't vocal about it, and the process for getting rights, actually using the content without scrutiny, and paying royalties is much less of a hassle.
[QUOTE=Qwerty Bastard;44924225]Uh... [editline]27th May 2014[/editline] Except youtubers don't even get the option of royalties.[/QUOTE] That's exactly what this can change. This can start a new wave of companies and Youtubers seeing each other as fellow content creators rather than as enemies. Pushing Youtube into a more grown up area can only be a good thing, this can stop companies from seeing Youtubers as idiots who make fart jokes while playing games for money, and can stop Youtubers seeing companies as big bad assholes who want to shut down your entire channel because it's fun or something.
Sorry, you need to Log In to post a reply to this thread.