Current Events > Nintendo cancels Nintendo Creator Program. Eases up on YouTube restrictions

(+) Yeah! (+)

https://r.ncp.nintendo.net/news/

We are ending the Nintendo Creators Program (NCP) to make it easier for content creators to make and monetize videos that contain Nintendo game content. We will no longer ask creators to submit their videos to the NCP, and creators can continue showing their passion for Nintendo by following Nintendos guidelines, located at https://www.nintendo.co.jp/networkservice_guideline/index.html.

The NCP will come to a close at the end of December 2018. Please note that we are no longer accepting videos and channels, and will not review any that have been submitted, but not yet registered. The NCP website will be taken down on March 20, 2019.

We appreciate and encourage the continued support of content creators, and thank them for their dedication to helping us create smiles.

Nintendo Co., Ltd.

https://www.nintendo.co.jp/networkservice_guideline/en/index.html?n

As long as you follow some basic rules, we will not object to your use of gameplay footage and/or screenshots captured from games for which Nintendo owns the copyright ("Nintendo Game Content") in the content you create for appropriate video and image sharing sites. To help guide you, we prepared the following guidelines:
You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.

We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.

You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).

If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.

You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.

We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines.

Please understand that we will not be able to respond to individual inquiries regarding these Guidelines. Also, we may update these Guidelines from time to time, so please refer to the latest version before sharing your content.

Just in time for Smash
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Bruh hell yeah
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That's pretty cool

At least until something leaks.

...again.
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Thats a completely different situation and warranted. Crunchii is a moron for even posting the music.

Zack_Attackv1 posted...

At least until something leaks.

...again.

Shutting down leaks isn't anything unusual
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Took em long enough. They probably figured they stood to make more money from Smash views if they were less restrictive
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*watches pig flying outside the window*
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Great news for content creators.
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Nintendo: "you can now do stuff that was already your legal right pat us on the back"
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Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

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Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol
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Darmik posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol

Using gameplay or trailer footage for a video review is absolutely 100% within your legals rights, the fuck you talking about
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Im supposed to give them props for discontinuing being assholes?

Thanks Nintendo for not being assholes anymore.
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Frolex posted...

Darmik posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol

Using gameplay or trailer footage for a video review is absolutely 100% within your legals rights, the fuck you talking about

Reviewers aren't allowed to put whatever gameplay footage they want generally. They have guidelines they agree to.

I don't think the issue was with video reviewers anyway.

Besides when it comes to being a YouTube uploader you have next to no legal rights lol
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Darmik posted...

Reviewers aren't allowed to put whatever gameplay footage they want generally. They have guidelines they agree to.

No, they don't. If you got a review copy from nintendo they might have guidelines and blacklist you for violating them, but nintendo can't decide reviewers aren't allowed to show specific parts of the game and have the authority to claim any videos that contains that footage

Darmik posted...

I don't think the issue was with video reviewers anyway.

It was an issue with literally any video content that contained footage from nintendo games or trailers, since nintendo was claiming all of them

Darmik posted...

Besides when it comes to being a YouTube uploader you have next to no legal rights lol

You absolutely have legals rights. The issue is most youtubers have no recourse when those rights are violated by a major corporation. Really it just seems like you have a poor understanding of the issue in general.
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Darmik posted...

https://r.ncp.nintendo.net/news/

We are ending the Nintendo Creators Program (NCP) to make it easier for content creators to make and monetize videos that contain Nintendo game content. We will no longer ask creators to submit their videos to the NCP, and creators can continue showing their passion for Nintendo by following Nintendos guidelines, located at https://www.nintendo.co.jp/networkservice_guideline/index.html.

The NCP will come to a close at the end of December 2018. Please note that we are no longer accepting videos and channels, and will not review any that have been submitted, but not yet registered. The NCP website will be taken down on March 20, 2019.

We appreciate and encourage the continued support of content creators, and thank them for their dedication to helping us create smiles.

Nintendo Co., Ltd.

https://www.nintendo.co.jp/networkservice_guideline/en/index.html?n

As long as you follow some basic rules, we will not object to your use of gameplay footage and/or screenshots captured from games for which Nintendo owns the copyright ("Nintendo Game Content") in the content you create for appropriate video and image sharing sites. To help guide you, we prepared the following guidelines:
You may monetize your videos and channels using the monetization methods separately specified by Nintendo. Other forms of monetization of our intellectual property for commercial purposes are not permitted.

We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted. You may, however, post gameplay videos and screenshots using Nintendo system features, such as the Capture Button on Nintendo Switch, without additional input or commentary.

You are only permitted to use Nintendo Game Content that has been officially released, or from promotional materials officially released by Nintendo (such as product trailers or Nintendo Directs).

If you want to use the intellectual property of a third party, you are responsible for obtaining any necessary third-party permissions.

You are not permitted to imply or state that your videos are officially affiliated with or sponsored by Nintendo.

We reserve the right to remove any content that we believe is unlawful, infringing, inappropriate, or not in line with these Guidelines.

Please understand that we will not be able to respond to individual inquiries regarding these Guidelines. Also, we may update these Guidelines from time to time, so please refer to the latest version before sharing your content.

Just in time for Smash

There it is.
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Darmik posted...

Reviewers aren't allowed to put whatever gameplay footage they want generally. They have guidelines they agree to.

1. Says who?
2. Guidelines are not restrictions.

Darmik posted...

Besides when it comes to being a YouTube uploader you have next to no legal rights lol

Yes, you very much do have legal rights.
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Frolex posted...

No, they don't. If you got a review copy from nintendo they might have guidelines and blacklist you for violating them, but nintendo can't decide reviewers aren't allowed to show specific parts of the game and have the authority to claim any videos that contains that footage

I don't think that would be the case on YouTube.

Frolex posted...

You absolutely have legals rights. The issue is most youtubers have no recourse when those rights are violated by a major corporation. Really it just seems like you have a poor understanding of the issue in general.

Like what? My two hour wedding video was completely muted due to a copyright claim from one single song.
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Darmik posted...

Frolex posted...

No, they don't. If you got a review copy from nintendo they might have guidelines and blacklist you for violating them, but nintendo can't decide reviewers aren't allowed to show specific parts of the game and have the authority to claim any videos that contains that footage

I don't think that would be the case on YouTube.

Frolex posted...

You absolutely have legals rights. The issue is most youtubers have no recourse when those rights are violated by a major corporation. Really it just seems like you have a poor understanding of the issue in general.

Like what? My two hour wedding video was completely muted due to a copyright claim from one single song.

I posted a video of a new road that was put in my town, and had "country roads" playing and it was muted on FB
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Darmik posted...

I don't think that would be the case on YouTube.

It's not the case since nintendo has more influence than random reviewers on youtube, who have fewer avenues of recourse

Darmik posted...

Like what? My two hour wedding video was completely muted due to a copyright claim from one single song.

Like fair use. Same reason movie reviewers are allowed to use footage from films without the approval of the distributor
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We encourage you to create videos that include your creative input and commentary. Videos and images that contain mere copies of Nintendo Game Content without creative input or commentary are not permitted.

que
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Frolex posted...

It's not the case since nintendo has more influence than random reviewers on youtube, who have fewer avenues of recourse

Fewer or none?

How many times have YouTube reviewers manage to win a copyright claim over a corporation?

Frolex posted...

Like fair use. Same reason movie reviewers are allowed to use footage from films without the approval of the distributor

On YouTube? As far as I understand you're completely subject to YouTube's rules and policies regardless. I think Fair Use would only apply to YouTube themselves. And they're certainly not going to side with you over the copyright holder.
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Darmik posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol

It is. Gameplay videos are protected by Fair Use. Companies get around this by bullying people using lawyers as they have a bottomless supply of money for lawyers while the average gamer does not. It's a shitty part if the way the legal system works. Conflict posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

Is it not a good thing that they aren't doing this shit anymore?

Didn't say it wasn't. The fact they even did it in the first place is deplorable.
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Darmik posted...

Fewer or none?

About exactly as much as you would expect a private person to have in a legal dispute with a major corporation

Darmik posted...

How many times have YouTube reviewers manage to win a copyright claim over a corporation?

An extreme minority compared to huge number of claims issued by corporations on a daily

Darmik posted...

On YouTube? As far as I understand you're completely subject to YouTube's rules and policies regardless. I think Fair Use would only apply to YouTube themselves. And they're certainly not going to side with you over the copyright holder.

Youtube has authority to takedown videos over content guidelines. But when issuing copyright takedown notices or copyright claims on the behalf of corporations, those actions are subject to relevant copyright law
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I don't think there is any hardline stance on what constitutes as Fair Use for a video game. That's what makes it complicated. These laws haven't really been updated for the internet. From what I understand Nintendo used to scan YouTube videos for their content and then monetize the videos for themselves unless you signed an agreement with them to share the profit. How does fair use fit into all of that?

But again as far as I understand unless you've gained some sort of bargaining power you're completely under the whim of YouTube. You're uploading videos onto their service at the end of the day. If you can't even keep a video uploaded there how are you supposed to take it to the courts and claim fair use? What legal rights are you expecting YouTube to enforce for you outside of claiming copyrights for when people steal your content on the site?

The way I see it you should work under the same assumption for any other social media site. That you have no power and you own fuck all if you upload stuff on there without a legal agreement.
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Darmik posted...

I don't think there is any hardline stance on what constitutes as Fair Use for a video game. That's what makes it complicated. These laws haven't really been updated for the internet. From what I understand Nintendo used to scan YouTube videos for their content and then monetize the videos for themselves unless you signed an agreement with them to share the profit. How does fair use fit into all of that?

That would be a copyright claim. Rights holders have no right to a share of revenue from a video that contains content that falls under fair use

Darmik posted...

But again as far as I understand unless you've gained some sort of bargaining power you're completely under the whim of YouTube. You're uploading videos onto their service at the end of the day. If you can't even keep a video uploaded there how are you supposed to take it to the courts and claim fair use? What legal rights are you expecting YouTube to enforce for you outside of claiming copyrights for when people steal your content on the site?

The way I see it you should work under the same assumption for any other social media site. That you have no power and you own fuck all if you upload stuff on there without a legal agreement.

Now you're trying to make a practical argument rather than a legal one. Yes, youtube takes the path of least resistance by automatically siding with claimants in copyright disputes and dismissing counter claims , and most private citizens have effectively no legal recourse against falsely issued takedown notices or copyright claims for major corporations on youtube or other social media sites. That doesn't mean we should accept it when corporations abuse copyright law or congratulate corporations for saying they are going to ease up on that abuse, nor should we not demand more equitable arbitration of copyright claims
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Frolex posted...

and most private citizens have effectively no legal recourse against falsely issued takedown notices or copyright claims for major corporations on youtube or other social media sites

That's all I ever meant. These policies only apply to a few specific sites.
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Darmik posted...

That's all I ever meant. These policies only apply to a few specific sites.

No, they apply to youtube as well. It's just the the imbalance of power between users and corporations means that the latter are free to abuse copyright law without real threat of consequence
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this was nice of them, huh?
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Frolex posted...

Darmik posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol

Using gameplay or trailer footage for a video review is absolutely 100% within your legals rights, the fuck you talking about

Believe it or not, but that actually isn't true. It's just that most companies don't mind the free publicity.
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DarkRoast posted...

Frolex posted...

Darmik posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol

Using gameplay or trailer footage for a video review is absolutely 100% within your legals rights, the fuck you talking about

Believe it or not, but that actually isn't true. It's just that most companies don't mind the free publicity.

Actually it depends on the content of the video. Making a video of Madden with licensed music in the background is illegal. Showing off your original Minecraft creation is actually fair use.
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Tyranthraxus posted...

DarkRoast posted...

Frolex posted...

Darmik posted...

Irony posted...

Nintendo: "you can now do stuff that was already your legal right pat us on the back"

It's not their legal right though lol

Using gameplay or trailer footage for a video review is absolutely 100% within your legals rights, the fuck you talking about

Believe it or not, but that actually isn't true. It's just that most companies don't mind the free publicity.

Actually it depends on the content of the video. Making a video of Madden with licensed music in the background is illegal. Showing off your original Minecraft creation is actually fair use.

Virtually anything can be licensed.
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So does anyone in this topic actually know what the fuck they're talking about? I'm not sure what the right answer is but there are so many different explanations ITT
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Yay for not being that much of a dick anymore?
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BignutzisBack posted...

So does anyone in this topic actually know what the fuck they're talking about? I'm not sure what the right answer is but there are so many different explanations ITT

https://www.youtube.com/yt/about/copyright/fair-use/

You're not going to get a clear answer lol
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DarkRoast posted...

Believe it or not, but that actually isn't true. It's just that most companies don't mind the free publicity.

No, as usual, you're wrong. Film review would have stop existing as an industry would have stopped existing a long time ago if companies could get bad reviews pulled because they used 10 seconds of footage from a movie
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Frolex posted...

DarkRoast posted...

Believe it or not, but that actually isn't true. It's just that most companies don't mind the free publicity.

No, as usual, you're wrong. Film review would have stop existing as an industry would have stopped existing a long time ago if companies could get bad reviews pulled because they used 10 seconds of footage from a movie

There's a well defined limit to how much video you're allowed to use for referential purposes. It depends on the work in question but I think it's around 2 minutes total for most movies.
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Tyranthraxus posted...

There's a well defined limit to how much video you're allowed to use for referential purposes

No, there literally isn't. There are no established legal guidelines or court rulings that have set a specific universal time limit for how many minutes of footage you're allowed to use in work before it violates Fair Use
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Frolex posted...

DarkRoast posted...

Believe it or not, but that actually isn't true. It's just that most companies don't mind the free publicity.

No, as usual, you're wrong. Film review would have stop existing as an industry would have stopped existing a long time ago if companies could get bad reviews pulled because they used 10 seconds of footage from a movie

But the film review industry generally has some sort of publisher or company they're working for who handles all of that stuff for them.

Even then you still often see the disclaimer 'film footage provided by blah blah' if you're watching a review broadcast on television.

In this instance that company is YouTube, Twitch or whoever. If it goes to court you're not really going to do much as an individual right? They'd need to defend you as well because they're hosting that content on your behalf. That doesn't really sound like you have much, if any, actual individual legal rights to upload copyrighted material on YouTube to me.
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There is no establiahed time but you also want to make it transformative as possible. Which was one of the main reason why NC for awhile was doing long skits in between his reviews.
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Frolex posted...

Tyranthraxus posted...

There's a well defined limit to how much video you're allowed to use for referential purposes

No, there literally isn't. There are no established legal guidelines or court rulings that have set a specific universal time limit for how many minutes of footage you're allowed to use in work before it violates Fair Use

Sorry, I looked it up. There are guidelines but they aren't legal/formal guidelines and they're not applicable as an affirmative defense. They're more like rough estimates based on other acceptable uses and aren't universally applicable.
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Darmik posted...

But the film review industry generally has some sort of publisher or company they're working for who handles all of that stuff for them.

And those publishers still don't need to obtain consent from film distributors to use their footage in film reviews

Darmik posted...

If it goes to court you're not really going to do as an individual right?

Yes, you would be.

Darmik posted...

They'd need to defend you as well because they're hosting that content on your behalf.

No, they wouldn't. If you're filing a counter against a copyright claim, youtube has no responsibility to represent you in your case. Like I said before, you have no understanding of how any of this works
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Yeah there's a reason that nothing on the YouTube page here isn't guaranteeing anything.

https://www.youtube.com/yt/about/copyright/fair-use/#yt-copyright-protection

A whole lot of 'might' on there. Nothing conclusive at all.

YouTube is only able to offer Fair Use Protection to a small number of individual videos each year that we choose based on a variety of factors. We try to select videos that are most illustrative of fair use. If your video is chosen for this effort, well get in touch with you. Please dont contact us asking to protect your video; well find you if were able to offer you this protection.

While we cant offer a legal defense to everyone, well remain vigilant about takedown notices impacting all creators. You may have seen press coverage of some cases where weve asked rights owners to reconsider takedowns or reinstated fair use videos

That's about as far as your 'legal right' takes you. YouTube might use your video as an example for a specific case or takedown notice. It's up to them.
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Frolex posted...

No, they wouldn't. If you're filing a counter against a copyright claim, youtube has no responsibility to represent you in your case. Like I said before, you have no understanding of how any of this works

Is there an example of a case where this has happened?
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Darmik posted...

That's about as far as your 'legal right' takes you. YouTube might use your video as an example for a specific case or takedown notice. It's up to them.

Youtube refusing liability in legally representing you in copyright disputes doesn't not mean you are no longer protected by fair use. I know you really love defending Nintendo no matter what dumb shit they do, but this is one are you just clearly aren't equipped to talk about.
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Darmik posted...

Is there an example of a case where this has happened?

What, where someone has filed a counter claim without being legally represented by youtube? It's what happens in the vast majority of cases where someone on youtube files a counter claim
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