Let's Plays and copyrights from Nintendo

[DisabledGeek89]

What is the name of your state? Virginia


I am considering doing a Let's Play on YouTube with a Project64 (emulator) copy of Legend of Zelda Ocarina of Time. I was told I can emulate as long as I own a legal copy which I do. I even used a device to copy the data. The cartridge is sentimental even coming from a now deceased family member back in 98. I want to do a let's play with my own commentary added. I was also told that if I add my own commentary I am in the clear. Is all this information accurate?

 

[quincy]

What is the name of your state? Virginia


I am considering doing a Let's Play on YouTube with a Project64 (emulator) copy of Legend of Zelda Ocarina of Time. I was told I can emulate as long as I own a legal copy which I do. I even used a device to copy the data. The cartridge is sentimental even coming from a now deceased family member back in 98. I want to do a let's play with my own commentary added. I was also told that if I add my own commentary I am in the clear. Is all this information accurate?

Nintendo holds the trademark rights and copyrights to Legend of Zelda.

 

[adjusterjack]

Is all this information accurate?

There are so many fan videos on youtube that it prompted me to do a little research. Can't imagine why you didn't think to do that.

I searched "nintendo consent for fan videos" and came up with:

nintendo consent for fan videos at DuckDuckGo

I suggest you read them all. Some of the consensual guidelines are a few years old so you'll want to do some additional research before you spend your time on the project.

I do note that there is a ton of fan video on youtube so it's possible that Nintendo is taking a relaxed view of use of copyright protected material.

If you have any doubt, contact Nintendo directly for an interpretation of your plans.

 

[quincy]

Nintendo will at a minimum remove content posted online that violates their IP guidelines and conditions of use.

 

[Zigner]

Nintendo will MAY at a minimum remove content posted online that violates their IP guidelines and conditions of use.

Fixed it for ya. It's entirely possible that they permit such content, or review it on a case-by-case basis even.

 

[quincy]

Fixed it for ya. It's entirely possible that they permit such content, or review it on a case-by-case basis even.

Nintendo is not exactly shy when it comes to asserting their rights. They are frequent filers of DMCA takedown notices. But, if you feel more comfortable with “may” instead of “will,” I have no problem with your edit.

One of many articles about Nintendo and their IP:
https://www.techdirt.com/2022/12/13/nintendo-copyright-strikes-video-about-unreleased-heroes-of-hyrule-game/

 

[adjusterjack]

The resources I linked to suggest that Nintendo allows fan creations with certain limitations.

 

[quincy]

The resources I linked to suggest that Nintendo allows fan creations with certain limitations.

Well ... Nintendo does, and Nintendo doesn’t. It depends on the game and on the creation. A lot of videos are removed by Nintendo with the filing of a takedown notice and it is then up to a fan-creator to file a counter notice.

 

[Taxing Matters]

It's not just copyright you need to worry about. It's also Nintendo's trademark and the terms and conditions of the software license that came with the game.

 

[quincy]

There are always complaints leveled by fans against celebrities/companies that prevent these fans from showing their devotion through the creation of websites or videos that center on the celebrities/company products. These fans cannot understand why using the names, likenesses, images, trademarks, copyrights, of those they like is legally problematic.

Nintendo has the right to protect their intellectual property (trademarks, copyrights, patents) from infringers. This protection includes control over how (when, where, by whom) their rights-protected material is used.

The “Let’s Play” videos could be considered by a court as derivatives of the originals - and creating derivatives is one of the exclusive rights held by copyright owners. That the videos are viewed by Nintendo as unauthorized derivatives is what leads to many if not most of the DMCA takedown notices. To create a derivative of an existing work, permission is needed from the rights-holder.