Fare Use & Game Trailers Question. Your Thoughts Please?

jimmybgaming

jimmybgaming

Member
Hi guys first off good fay to you for stopping by. ok here is my situation. Im a youtuber who likes to post and talk about games that are not out on the market yet. I notice that games like Mortal Kombat X 7 Batman Arkham Knight Have tones of trailers out and I see other youtubers doing reactions to them and even some doing commentaries talking about the footage. How do we tell if the footage is ok you use as its taking it from the company and reusing it the same as we do game footage but I dont want to start doing this and get a content strike like street fighter 5 did to people can anyone give me some insite on this situation that would be greatly appreciated . I even want to re post some trailers to my channel is that okay or not because I see a lot of other channels who dont clearly have permission doing this and for anyone who will say contact the company Iv tried and I never ever get a answer from them. Thanks in advance guys for your help.
 
I think it's probably find to use footage but not to use the whole thing. Most reviewers will show screenshots or clips a few seconds long, in which case it can be considered "review" under free trade. This is just my opinion however I have no real evidence or experience.
 
Thank you for that reply nut I need a more legit answer as to who to tell whats ok and whats not I heard the game sites have site where the release press footage which anyone can use but I need someone to tell me more about that.
 
jimmybgaming said:
Thank you for that reply nut I need a more legit answer as to who to tell whats ok and whats not I heard the game sites have site where the release press footage which anyone can use but I need someone to tell me more about that.
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Sadly it's different from case to case and YouTube themselves are often inconsistent. No one has a way to guarantee you what you're doing is safe. Your best bet is to read the documentation or contact the actual owners.
 
CaptainSauce said:
Sadly it's different from case to case and YouTube themselves are often inconsistent. No one has a way to guarantee you what you're doing is safe. Your best bet is to read the documentation or contact the actual owners.
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Thank you bro but like I said before the game companies never reply. At least they never have to me.
 
It's not YouTube that is inconsistent, but rather the content owners of the game trailers. Some game trailers are registered with ContentID which generates automatches regardless of what type of content you have done. This means that if you do have a proper fair use defense, you need to actually fight for the ability to keep the content up.

At the end of the day, the concept of "add commentary" is most likely insufficient to meet the definitions of fair use. If it is incorporated into a review product, then that is a bit of a different story, but a fair number of people who are "adding commentary" are just talking about random nonsense or doing as you mention, their reactions to the trailer. Reactions to a trailer is not a review of the product and would not meet the requirements of fair use.

It is admittedly confusing that game companies would not want the widest reach with their trailers. It's quite literally an advertisement, so the idea that they would penalize people for uploading it even wholesale is weird and betrays a lack of understanding of the YouTube ContentID system, I feel.

It's also lazy content though, so I don't have a lot of sympathy for those who just do reaction videos.
 
Tarmack said:
It's not YouTube that is inconsistent, but rather the content owners of the game trailers. Some game trailers are registered with ContentID which generates automatches regardless of what type of content you have done. This means that if you do have a proper fair use defense, you need to actually fight for the ability to keep the content up.

At the end of the day, the concept of "add commentary" is most likely insufficient to meet the definitions of fair use. If it is incorporated into a review product, then that is a bit of a different story, but a fair number of people who are "adding commentary" are just talking about random nonsense or doing as you mention, their reactions to the trailer. Reactions to a trailer is not a review of the product and would not meet the requirements of fair use.

It is admittedly confusing that game companies would not want the widest reach with their trailers. It's quite literally an advertisement, so the idea that they would penalize people for uploading it even wholesale is weird and betrays a lack of understanding of the YouTube ContentID system, I feel.

It's also lazy content though, so I don't have a lot of sympathy for those who just do reaction videos.
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I agree with you 100% on it being lazy content I want to cocer batman arkham knight topics on my channel and got specific topics lime the batmobil I want to refer to small clips I want to know if that's content id claim worthy of fair use. Which im not sure of warner bros would have a problem with that or mortal kombat why h I see a few youtubers doing but I want to do my way.[DOUBLEPOST=1427986945,1427986880][/DOUBLEPOST]
Tarmack said:
It's not YouTube that is inconsistent, but rather the content owners of the game trailers. Some game trailers are registered with ContentID which generates automatches regardless of what type of content you have done. This means that if you do have a proper fair use defense, you need to actually fight for the ability to keep the content up.

At the end of the day, the concept of "add commentary" is most likely insufficient to meet the definitions of fair use. If it is incorporated into a review product, then that is a bit of a different story, but a fair number of people who are "adding commentary" are just talking about random nonsense or doing as you mention, their reactions to the trailer. Reactions to a trailer is not a review of the product and would not meet the requirements of fair use.

It is admittedly confusing that game companies would not want the widest reach with their trailers. It's quite literally an advertisement, so the idea that they would penalize people for uploading it even wholesale is weird and betrays a lack of understanding of the YouTube ContentID system, I feel.

It's also lazy content though, so I don't have a lot of sympathy for those who just do reaction videos.
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And now I'm wondering if I can see what trailers are registered with content id and see not.
 
Well, there is a potential option but I don't like to suggest it because it very quickly gets used for shady purposes.

Build your video, definitely remove the audio and upload it Private first. If it is going to be matched by ContentID, you will know right away. In that instance, you can elect to delete it.

Copyright strikes (ie long term punishments) are a manual process and thus require someone to pick your video out for removal. So, you will be able to take the video down quickly enough that no strike is reasonably going to happen.

Honestly, game companies are unlikely to strike for a trailer. In fact, I've yet to hear an example of that occurring. They will however strike for early content, so if you happen to get Arkham Knight early, be very very careful and wait until the release date before upload.

As long as you are being genuine in your fair use application, you could well be fine. It's just the ContentID side that is frustrating to deal with, but even if it is registered with ContentID, that's still not an overt punishment. Just means they're not letting you get ad revenue for it.
 
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