Game broadcasting copyright: How much is allowed by each game company?

The most frequently asked question when editing and uploading game broadcasts is whether it is okay to use game screens. To begin with, Major game companies have open policies for individual creators and allow video posting and monetization within that scope. However, the location of the tolerance line varies from game company to game company. This article puts three official documents side by side and explains where they diverge using the original text. It is not legal advice, but more of a checklist for editors.

How does YouTube deal with this issue?

YouTube does not set its own standards but follows game company licenses.

Video Game and Software Content Policy wrote: "Some video game providers allow commercial use of all video game content and specify this in their licensing agreements." And regarding monetization, "You may make money based on the commercial use rights granted by the video game provider through the license."

In other words, if you only read YouTube's policy, you have only confirmed half of it. The baseline is in the game company's document, and YouTube makes its judgment based on that scope.

What is different between game companies?

It varies from five items. Video posting, advertising revenue, sponsorships and subscriptions, charging barriers, and corporate status.

How much does Riot Games allow?

Open to advertising and sponsorship, no charging barriers and no commercial projects.

Riot Games legal disclaimer regarding monetization says “We allow passive monetization through appropriate advertising, including pre-roll ads, interstitial ads, and overlay ads from sponsors.” Regarding broadcast sponsorships, “individual players requesting personal sponsorships or providing subscription-based content while live streaming a game” were included in the permitted scope.

It is clear who is blocked. "You cannot create projects secured through crowdfunding, commercial projects, projects involving businesses or corporations, or projects whose content is blocked by charging barriers (e.g. Patreon, YouTube Premium, etc.)", and in such cases, "a written license agreement with Riot" is required.

How far does Nexon allow?

Advertising and donations are accepted provided that the content is posted in a place where it can be viewed for free.

Nexon's UGC usage policy includes game play videos and fan videos in the definition of UGC, and writes about profits as follows. "Creators can earn advertising and sponsorship revenue by posting UGC on content platforms (YouTube, Chzzk, Afreeca TV, etc.) that anyone can view for free."

The key condition is the prefixed modifier. The premise is that it is a platform that anyone can view for free. Therefore, it is followed by the sentence "Using UGC to make money in any way other than advertising and donations is prohibited." Requesting production costs or sponsorship money, selling for a fee or collecting usage fees, and submitting to commercial contests are prohibited.

Why does Nintendo put conditions on it?

This is because posting itself is allowed, but conditions are placed on what can be posted.

Nintendo Network Service Guidelines defines the subject act as "Posting videos and still images using images and screenshots captured from games in which Nintendo holds the copyright by an individual customer on an appropriate video and still image sharing site (including live broadcasting)".

The next sentence is important. "We expect you to post videos or still images that contain the customer's creativity or opinions," and "Please refrain from posting posts that do not contain the customer's creativity or opinions or that are merely copies of Nintendo game works."

Monetization is "If you use a separately designated system, you can monetize your posts", and the scope is narrowed to the monetization system of the designated platform, including the YouTube Partner Program. In addition, the scope of application of the guidelines is defined as "Publishing using Nintendo game works of individual customers", so this document does not apply to corporations or businesses.

There is something to note here. Provisions requiring creativity or opinions have the same direction as YouTube's monetization policy's judgment on reused content. Results that are simply cut and pasted from the original are at a disadvantage in both documents. The judgment criteria are summarized in AI-edited broadcast clips, , the line to be judged for monetization.

It's the same clip, but where does it diverge?

The difference lies not in the fact that the game screen was filmed, but in what is done with the footage.

If you reduce the border to one line, it looks like this.

It is generally open to uploading videos where anyone can see them and earning from advertisements and sponsorships, but putting them behind a charging barrier or selling the videos separately is generally blocked.

This one line is a commonly read part of the three game company documents. This simplifies practical judgment. The typical streamer operating method of uploading clips to YouTube for free and making money through advertisements and sponsorships is mostly within the acceptable range. Problems arise when creating membership-only content, commercializing the video itself, or attaching a business name to a corporate name.

Are there any other layers in the broadcast other than games?

There is. And in practice, that happens more often.

Even if you check all game company policies, music played on broadcast, video sponsorship from viewers, and overlay materials are separate rights. The layers that overlap in one replay and who the respective rights holders are are listed separately in Broadcast Replay Copyright.

In particular, shorts longer than 1 minute will be blocked worldwide if an active copyright complaint is received. This is why it is common for the game screen to be blocked due to blocking even though it is within the policy.

How do I check my flagship game policy?

Once you read it and mark it down, you'll almost never have to find it again.

1️⃣ List three or four main games: Only watch games that get the majority of broadcast time. There is no end to the games you play occasionally.

2️⃣ Look for game company official documents: Search terms usually come up by adding the name of the game company along with content guidelines, video policy, UGC policy, and legal notice.

3️⃣ Check only five items: video publishing, advertising revenue, sponsorships and subscriptions, charging barriers, and whether you are a corporation. Even if the document is long, you only need to find these five.

4️⃣ Please mark: One line per game is sufficient. You only need to add one line when starting a new game:

5️⃣ Revisited quarterly: Policy documents are revised. Like Nexon's UGC policy, there are cases where the document address includes a revision date, so it's quick to just check whether the date has changed.

The actual editing sequence for selecting scenes to use in game broadcast replays is covered in How to Edit Game Broadcasts. ClipSpray receives the entire replay of Chizizik and SOOP, selects candidate sections, and leaves a timeline report explaining which section was selected and why.

Frequently Asked Questions

Is it always a copyright issue when the game screen appears?

No. Major game companies have open policies for individual creators and allow video posting and monetization within those limits. The problem isn't the fact that game footage is captured, but what is done with it.

Can I just follow YouTube's policies?

It's not enough. YouTube informs game companies that they can generate revenue based on the commercial use rights granted by the license. In other words, the baseline is in the game company's document, and YouTube makes its judgment based on that range.

Can I upload a clip for membership use only?

Depending on the game, it's blocked. Riot wrote that it cannot create projects whose content is blocked by charging barriers, and Nexon prohibits earning revenue in any way other than advertising and sponsorships. You should check the documentation of the flagship game and then decide.

Does it make a difference if I run a channel under my company or team name?

It varies. Riot requires a written licensing agreement for commercial projects involving businesses or corporations, while Nintendo's guidelines are limited to publishing by individual customers. Documents that you read in your personal capacity will not be applied as is.

Does it matter if the game video doesn't have my commentary?

Nintendo expects postings to include creativity and opinion, and has written to refrain from posts that do not contain creativity or opinion, or that are merely copies of game copyrighted material. This is the same direction as YouTube's monetization policy's decision on reused content.

How do I manage broadcasting multiple games?

You only need to read the policy documents of three or four major games once and organize them in a table. The five items to check are generally fixed: video posting, advertising revenue, sponsorships and subscriptions, charging barriers, and corporate status.

Source

• YouTube Help Center (Video Game and Software Content Policy)
• Riot Games Legal Notice
• Nexon UGC use policy
• Nintendo Network Service Guidelines
• YouTube Help Center (Channel Monetization Policy)