Copyright claim Nintendo

[velocity]

Ok, so I've literally just uploaded my second channel and have a copyright claim.

The email reads

A copyright owner using Content ID claimed some material in your video.
This is just a heads up
Don’t worry. You’re not in trouble and your account standing is not affected by this.
There are either ads running on your video, with the revenue going to the copyright owner, or the copyright owner is receiving stats about your video’s views.
• Video title: Remasters The Good and Bad
• Includes: Visual content
• Claimed by: Nintendo

I used literally just a part of a trailer of The Wind Waker HD which had some imagery over the top, had no trailer sound and I was talking over it about the game, I thought that was fair use?

Anyway, is it fine to leave the video up? I know the email says I'm not "in trouble" but I'm not in any risk of a strike am I?

It's the latest video on my channel if you want to see if how I used it is fair use or not.

 

[Sin B]

Nintendo doesn't really care about anything and have a less than great standing with YT creators. They made their "Nintendo partner program" where people can sign up and give away a % of profit to not get striked down, or some can risk it, but for the most part Nintendo will take down anything containing their games.

Some exceptions may exist, but yeah.. Nintendo doesn't play around.

 

[Hi!MyNameIsJan]

It´s fair use - thats why they can´t sue you !
But they are allowed to claim your video so they will get the revenue.
Its a bot. Youtube bots screen videos for specific video content, like trailers or teasers and then automatically claim the video for the owner (Nintendo in this case).
There is nothing wrong with it and you did nothing wrong and this is not a copyright claim or something, so no problem. The only thing now is that they will get all or a share of the revenue the video generates.

 

[subversiveasset]

Ok, so I've literally just uploaded my second channel and have a copyright claim.

The email reads

A copyright owner using Content ID claimed some material in your video.
This is just a heads up
Don’t worry. You’re not in trouble and your account standing is not affected by this.
There are either ads running on your video, with the revenue going to the copyright owner, or the copyright owner is receiving stats about your video’s views.
• Video title: Remasters The Good and Bad
• Includes: Visual content
• Claimed by: Nintendo

I used literally just a part of a trailer of The Wind Waker HD which had some imagery over the top, had no trailer sound and I was talking over it about the game, I thought that was fair use?

Anyway, is it fine to leave the video up? I know the email says I'm not "in trouble" but I'm not in any risk of a strike am I?

It's the latest video on my channel if you want to see if how I used it is fair use or not.

Please note: as the content ID claim says, you were matched by "visual content" -- so it doesn't mater that you had no trailer sound...you were using their copyrighted visual content.

As this says, though: "you're not in trouble and your account standing is not affected by this." All this means is that if the video wasn't monetized, then Nintendo monetized it and is taking 100% of the monetization...If it was monetized, then all monetization now goes to Nintendo.

It´s fair use - thats why they can´t sue you !
But they are allowed to claim your video so they will get the revenue.
Its a bot. Youtube bots screen videos for specific video content, like trailers or teasers and then automatically claim the video for the owner (Nintendo in this case).
There is nothing wrong with it and you did nothing wrong and this is not a copyright claim or something, so no problem. The only thing now is that they will get all or a share of the revenue the video generates.

This is not accurate.

So, fair use is a limitation on copyright. So, if this WERE fair use, then the topic creator could contest the content ID match (for example, to claim monetization for himself). If it were fair use, Nintendo would have no right to any of the revenue. However, if the topic creator tried to challenge for this video, the topic creator would almost assuredly lose, because this really is Nintendo's copyrighted visual material, and it's unlikely that this is fair use. (Only a court can ultimately, decide.)

Fair use does not prevent someone from suing another precisely because fair use can only be determine *in* a court of law.