Asking for permission

BlameTheGamer

Hey everyone! Due to a recent run in we had with Activision copy-righting our content we've started going to all the developers of the different games we play. So I'm here to ask Unknown Worlds to use their game footage in our videos and livestreams. You may PM me here or E-Mail me. If I do not receive confirmation within one month I will assume consent is given. This assumed consent may be revoked at any time through any means you deem necessary. Have a good day!

-Connor J. Crawford
Founder, and CEO of BTG Entertainment

For any reference on what we are doing with your game and its components please refer to this link:
https://www.youtube.com/channel/UCjmmkWqAJiwyBLrRA-yBAXQ

TenebrousNova

I'd imagine that they'd say yes. There's tons of Subnautica videos out there already and Unknown Worlds are reasonable people.

Kouji_San

UWE are one of the good guys, but Activision Blizzard also

http://unknownworlds.com/video-policy/

It seems you're doing the usual Let's Play/Play by play gaming footage with your own commentary. Activision has no leg to stand on, you are well within your rights to claim fair use of their game footage content. This goes for any game footage for educational, review or commentary purposes. You don't have to get consent from any game developer studio when using it this way. Sounds more like a content ID claim, caused by YouTube's automated system being triggered by trailer or cutscene footage of a game. Or perhaps triggered by certain copyrighted music being played. The general concensus is to avoid music as much as possible, the rules are a bit more strict for music (outside of game music specifically designed for a game) Grand Theft Auto/Fallout are for example a big issue with their radio channel and copyrighted music... BEWARE!




Concerning the Activision Blizzard claim, if your content does indeed adhere to fair use,

http://us.blizzard.com/en-us/company/legal/videopolicy.html

Guidelines for distributing Productions with Blizzard Content
Note that Blizzard Entertainment's restriction that Productions be limited to "non-commercial" uses also means that you may not license a Production you have created to another company for a fee, or for any other form of compensation, without specific written permission from Blizzard Entertainment to do so. Blizzard Entertainment reserves the right to use its products for all commercial purposes. The only exceptions to this rule are if you participate in partner programs with YouTube, Justin.tv, Blip.tv, Own3d.tv, or Ustream.tv (the “Production Websites”) whereby a Production Website may pay you for views of a Production if you are accepted into their partner program.

And TBH, this "exception" is also rather silly. They simply cannot claim public footage (outside non-disclosure agreements for pre-release/closed beta) in any way shape or form when used for fair use purposes, regardless of the platform you're using outside of the ones they mention. This would actually be a monopoly/fair competition/censorship issue, if they consent to only the ones they list. But hey what else is there, for example they don't specifically mention Vimeo, Flickr (1Gb, 3 min videos) or Raptr by name, among others Joking aside, game developers tend to support the video making community, it is after all free publicity (if the game is good). But even so, a bad game review still cannot be taken down either. With the exception that if it is bad publicity based on lies, causing harm to possible sales...


Hehehe kinda got carried away on this. Anyway, it's of course a good idea to reach out to the developer of a game you're covering to let them know and to get them involved on some level.

BlameTheGamer

Kouji_San wrote: »

UWE are one of the good guys, but Activision Blizzard also

http://unknownworlds.com/video-policy/

It seems you're doing the usual Let's Play/Play by play gaming footage with your own commentary. Activision has no leg to stand on, you are well within your rights to claim fair use of their game footage content. This goes for any game footage for educational, review or commentary purposes. You don't have to get consent from any game developer studio when using it this way. Sounds more like a content ID claim, caused by YouTube's automated system being triggered by trailer or cutscene footage of a game. Or perhaps triggered by certain copyrighted music being played. The general concensus is to avoid music as much as possible, the rules are a bit more strict for music (outside of game music specifically designed for a game) Grand Theft Auto/Fallout are for example a big issue with their radio channel and copyrighted music... BEWARE!




Concerning the Activision Blizzard claim, if your content does indeed adhere to fair use,

http://us.blizzard.com/en-us/company/legal/videopolicy.html

Guidelines for distributing Productions with Blizzard Content
Note that Blizzard Entertainment's restriction that Productions be limited to "non-commercial" uses also means that you may not license a Production you have created to another company for a fee, or for any other form of compensation, without specific written permission from Blizzard Entertainment to do so. Blizzard Entertainment reserves the right to use its products for all commercial purposes. The only exceptions to this rule are if you participate in partner programs with YouTube, Justin.tv, Blip.tv, Own3d.tv, or Ustream.tv (the “Production Websites”) whereby a Production Website may pay you for views of a Production if you are accepted into their partner program.

And TBH, this "exception" is also rather silly. They simply cannot claim public footage (outside non-disclosure agreements for pre-release/closed beta) in any way shape or form when used for fair use purposes, regardless of the platform you're using outside of the ones they mention. This would actually be a monopoly/fair competition/censorship issue, if they consent to only the ones they list. But hey what else is there, for example they don't specifically mention Vimeo, Flickr (1Gb, 3 min videos) or Raptr by name, among others Joking aside, game developers tend to support the video making community, it is after all free publicity (if the game is good). But even so, a bad game review still cannot be taken down either. With the exception that if it is bad publicity based on lies, causing harm to possible sales...


Hehehe kinda got carried away on this. Anyway, it's of course a good idea to reach out to the developer of a game you're covering to let them know and to get them involved on some level.

Thanks for the well detailed post my friend! Of course I know that it was YouTube content ID bots that hit the video, the problem is that Activision is being a pain about the dispute. I only reach out to the developers to make sure I'm covering my on tukus. The company (BTG Entertainment) I run is a sole proprietorship. So I assume all legal and monetary responsibility for the company. I know it's not entirely necessary but it's always a good idea to cover your own behind in my experience. Though I do thank you dearly for your help!

Kouji_San

Yes with how Youtube handles these disputes is a well know problem, with how you're guilty until you can prove your innocence... Very backwards that and has caused major issues even for bigger youtube networks, who tend to have more tools to combat these false claims. The Sega and Nintendo drama for instance...

But I can assure you, also form personal experience... You're dealing with the good guys here, where UWE is concerned

Racer1

Not to be nit-picky, but posting on a discussion forum doesn't really cover you - none of the posts in this thread are by official UWE representatives, so we could be spouting BS. The link posted by Kouji_San is the only thing I would trust since it is hosted by UWE separately.

Kouji_San

You are correct of course and they do advise to use that page as a reference for a counterclaim, if needed. But UWE has never done a content ID claim for any game play footage, ever

Meh, in an ideal world "fair use" would and definitely should cover it, but we've got some shady people and companies out there who abuse YouTube's backwards "guilty until proven innocent" bit

Ralij

While the bits about needing an official statement definitely hold true, the devs have a pretty good track record. They've directly contacted, and thanked, Jacksepticeye and Syy on their videos of the game and we know they are at least aware of Acituanbus given how often his vids get posted on here. They really do seem to appreciate the videos and use them as a form of feedback at times. You should be set to go.

ShuryCZ

Not sure if honest question or clever "advertising" but anyway, UWE are cool about this stuff. Good luck with the project.

HiSaZuL

Indie studious, in general, tend to get free advertising out of this... they don't pay/whine/send 257172361 DMCA breach notices/etc to google. Just remember that youtube is just bots... and beeing a large corporation first... their carebear sense is... "small". Unless it pokes them in the ass enough to feel they just don't care enough to spend time which is money on dealing with it.

If you want anal attitude there is always nintendo. Oh the jokes just won't stop with that one. EA and Ubisoft are too stupid to find their own feet which is a different kind of problem. Anyway...

BlameTheGamer

ShuryCZ wrote: »

Not sure if honest question or clever "advertising" but anyway, UWE are cool about this stuff. Good luck with the project.

Honest question actually. I was prepared for people to wonder that. The channel is small so it would be a fair assumption, but I believe in working for what you get. So I don't use advertising tactics, or click bait. If people come to the streams, like what we do, and subscribe? Then we earned it. We are trying to be the first YouTube channel who is live 24/7. First we need that cult following then we can gain more viewers. We don't want to be known as the channel who got where they are the shady way. We love each of our 24 subscribers and vow to bring them top quality content and a sense of community. We are all kinda misfits and oddballs over at BTG so we can relate to a lot of people. Especially internet dwellers like ourselves. (See that's how I would advertise the channel if that's what I was going for. The question was 100% genuine I assure you)

EnglishInfidel

ShuryCZ wrote: »

Not sure if honest question or clever "advertising"

Not sure if there's a difference in the end.
Welcome BTG.