Fare Use & Game Trailers Question. Your Thoughts Please?

[jimmybgaming]

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.

Ok so let me ask you one question. I always get games early but never break embargos but if I private a video I though it only gets a copywriter strike if I make it public. Are you saying if its private and I get it it won't sti k as long as I delet the video instead of publishing it? And like I said I just want to talk about the game not when new info comes out to cover it using trailers but edit it in my on style. But I know I will have arkham knight early amd I wont post any content that is not already posted before embargo.

 

[Tarmack]

Ok so let me ask you one question. I always get games early but never break embargos but if I private a video I though it only gets a copywriter strike if I make it public. Are you saying if its private and I get it it won't sti k as long as I delet the video instead of publishing it? And like I said I just want to talk about the game not when new info comes out to cover it using trailers but edit it in my on style. But I know I will have arkham knight early amd I wont post any content that is not already posted before embargo.

You just have to know how strikes happen.

Basically, there are two ways a content owner can know that you have uploaded their material. Either A, the video is public so that they and anyone else can see it, or B that the video is public/private/unlisted/scheduled but has a ContentID match which they can also see.

If you upload game footage and don't have a third party content match, then keeping the video private prevents the content owner from ever knowing that you've uploaded it in the first place. Thus private in this case is safe. If it has a contentID claim on it though (music, cutscenes, etc.) then they have a potential indication of the videos existence whether it is public or not. Since DMCA takedowns (and thus copyright strikes) are manual, if the content owner has no way of knowing you uploaded anything, they can't very well issue a takedown against you for it.