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Youtubers Upset over Nintendo's New affiliate program

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larryinc64:


--- Quote from: FritzWhite on January 31, 2015, 02:21:19 AM ---I don't feel pity for someone that's getting paid less to yak over a video. It's not a real job unless they're a newscaster (and most of them don't really earn their cut but whatever). If they're lucky enough to get paid for creating content people enjoy then good for them, but no, I don't feel bad because someone isn't making a great living putting out a video which mainly features content that isn't theirs in the first place.

--- End quote ---

I am one of those people who yak over video games, and this is my mentality on it. I do LPs for fun, and the exposure. I have no plans for this being a job and if I ever get to the point where I am making money off of LPs, I have no problem giving Nintendo a cut of the earnings for the copyrighted material used in them, I do not see the use of Nintendos material in my LPs as fair use. I do have plans for original content to put on the channel to possibly be a job in the future. I'm even learning how to compose music so I don't have to rely on royalty free or copyrighted music. The into to my Power Plaid Punch (Vs. games) is composed by me.

I feel people such as JonTron or AVGN should not have any claim by Nintendo for any use, in the scripted riff/reviews they do. I have been toying with ideas for a similar project but in involves way more than shoving a mic in my face and a camera on a tv and seeing what happens. Hell, some PPP episodes take a lot of work in post to make it funny. From the edit pieces I do for victories or failures, to the animated intros I have at hte begining of every series, down to moving around what Matt and I said. In the SM64 episode I'm working on there ws a small bit where Matt kept cutting of my joke, ruining it. The set up was 'Mario eats all the cake himself in front of the starving toad servants'

Matt (Imitating Peach) in RED, Me (As a Toad) in Green

Peach locks us in a room-I only feed Mario.  . . .   Peach locks us- I only feed fat italin plumbers. . . . PEACHLOCKSUSINAROOMWITH only a painting that says 'Peach is watching'.  Ha

I rearranged the words to:
I only feed Mario.   I only feed fat italin plumbers.  Peach locks us in a room-with only a painting that says 'Peach is watching'.  Ha



Megatron:

I will say, Larry has done an EXCELLENT job advertising his own channel through this argument. 

FritzWhite:


--- Quote from: Megatron on January 31, 2015, 02:41:19 AM ---^You're right.  This IS an opinion poll.  And everyone is entitled to theirs.  The problem with opinions, though, is once you open up and reveal your opinion to the world, you are opening yourself to mockery and criticism.  Thus is the way of the world, especially on the internet.
I'm no mocking, but I do try to belittle every now and then.  

The problem I have with this thread (from some, not all) isn't that you have an opinion.  It's because you pass JUDGMENT on others. That's where I get pretty defensive.  

A brief bit of backstory about me - by trade I am an LPC (Licensed Professional Counselor) and ABA Specialist (Autism therapy). As part of my job I am a social justice and civil rights advocate, especially for the LGBTQ community.  And what I encounter every day in helping pass laws and social reform regarding things like gay marriage, etc. are people who have "opinions" about something they know nothing about and go on to criticize, belittle and pass judgment on others.  Freedom of speech and freedom of expression are very big parts of that too, as well as censorship - (now don't get me wrong, politically I am pretty much down the middle and am not a zealot either way) but censorship of the internet and the exploitation of big business over small business is a real and growing concern in the US economy.  So I get very antsy when I start to see this stuff happening.  I don't make youtube videos, but I watch them.  I watch enough to know how hard AVGN, Angry Joe, Spoony and others work to delivery quality content.  And the miniscule amount of footage used does not justify any claim by Nintendo or anyone else.  I am not endorsing piracy or theft, however there are set boundaries as to what is OK and what is not.  According to the black and white, Nintendo is close to crossing the line.  How you feel about this is up to you, but don't get on a high horse and look down at others for what they have chosen to do.  Many of them have done more with their youtube fame than anyone on here will do in a lifetime.  Channel Awesome donates thousands every year to various charities.  How?  Because of these kinds of videos.  But the worst part is that Nintendo doesn't need the money.  They are doing this because according to them  "it's their ball."  And want to decide what YOU do with something you paid for.  If you don't watch youtube videos, then good for you.  You have nothing to do with this situation.  If you DO watch them, and still side with Nintendo, you are a hypocrite and spoiled that you think you are entitled to something.

And Fritz, you're wrong.  Intellectual property does not solely apply to monetary gains.  Nintendo could claim their images as copyright and have them taken down.  They wouldn't be entitled to any money necessarily (at least without a lawsuit), but they can stop you from giving these away.  Remove the data base.  And basically blackball any site that tries to reproduce official Nintendo products.

--- End quote ---
I didn't say that intellectual property applies to monetary gains, but that, unlike youtube channels, cover artists here are not doing this for money. Of course Nintendo can still take it down, but the fact that there isn't much money being made off this takes away an incentive for them to do so. Hopefully TCP stays off their radar.

Also, I didn't say I was entitled to shit. Just because someone's enjoyed a video game related video but doesn't agree with said creator making a larger cut off the vid doesn't make them a hypocrite. I enjoy sports and movies but I don't think athletes and actors should make as much money as they do.

Also, nobody is belittling anybody here. We're a respectful community of adults that share similar passions and interests. Saying that people with opinions different from yours don't know what they're talking about sounds close to criticism and passing judgement to me, but to each their own.

I don't agree with gay marriage, but that doesn't mean that I hate homosexuals or feel that they're not entitled to basic human rights. I have friends that are homosexuals, and while I don't agree with that aspect of their life, it's their own business, and I think that many of them are nice people for the most part. I strongly condemn the actions of the Westboro Baptist Church and the like, but I do believe that marriage should be between man and a woman. It's incredibly unpopular nowadays to say that and a surefire way to be labeled as a hate monger by liberals, but I'm not going to change my beliefs because someone else wants to pass disrespect, belittle, or pass judgement. I commend you for sticking to what you believe and fighting for it. I will do the same.

FritzWhite:


--- Quote from: larryinc64 on January 31, 2015, 02:53:47 AM ---
--- Quote from: FritzWhite on January 31, 2015, 02:21:19 AM ---I don't feel pity for someone that's getting paid less to yak over a video. It's not a real job unless they're a newscaster (and most of them don't really earn their cut but whatever). If they're lucky enough to get paid for creating content people enjoy then good for them, but no, I don't feel bad because someone isn't making a great living putting out a video which mainly features content that isn't theirs in the first place.

--- End quote ---

I am one of those people who yak over video games, and this is my mentality on it. I do LPs for fun, and the exposure. I have no plans for this being a job and if I ever get to the point where I am making money off of LPs, I have no problem giving Nintendo a cut of the earnings for the copyrighted material used in them, I do not see the use of Nintendos material in my LPs as fair use. I do have plans for original content to put on the channel to possibly be a job in the future. I'm even learning how to compose music so I don't have to rely on royalty free or copyrighted music. The into to my Power Plaid Punch (Vs. games) is composed by me.

I feel people such as JonTron or AVGN should not have any claim by Nintendo for any use, in the scripted riff/reviews they do. I have been toying with ideas for a similar project but in involves way more than shoving a mic in my face and a camera on a tv and seeing what happens. Hell, some PPP episodes take a lot of work in post to make it funny. From the edit pieces I do for victories or failures, to the animated intros I have at hte begining of every series, down to moving around what Matt and I said. In the SM64 episode I'm working on there ws a small bit where Matt kept cutting of my joke, ruining it. The set up was 'Mario eats all the cake himself in front of the starving toad servants'

Matt (Imitating Peach) in RED, Me (As a Toad) in Green

Peach locks us in a room-I only feed Mario.  . . .   Peach locks us- I only feed fat italin plumbers. . . . PEACHLOCKSUSINAROOMWITH only a painting that says 'Peach is watching'.  Ha

I rearranged the words to:
I only feed Mario.   I only feed fat italin plumbers.  Peach locks us in a room-with only a painting that says 'Peach is watching'.  Ha



--- End quote ---

For the record, I like your videos and respect you more for not coming out and saying 'fuck Nintendo, this is my $.' Keep making vids bro.

larryinc64:


--- Quote from: Megatron on January 31, 2015, 02:44:49 AM ---So Larry, you seem to be arguing both sides...you want the system in place for lets plays, etc.  But don't for the little stuff and short clips...but it doesn't work that way.  Nintendo is claiming EVERYTHING.  And while they have limited their stuff up front by not doing this wtih Pokemon and others (probably due to having to hsarethe revenue with Game freak and other developers) , the terms of agreement clearly state that Nintendo can alter the deal at any time without warning.  This is Vader ordering Lando to take the Princess and the Wookie to his ship all over again!


"...this deal is very fair and I'm happy to be a part of it!"
Props if you got that joke.

--- End quote ---
Gah. I can't type responses fast enough

Well, YouTubes systems are set to claim everything. It does not distinguish length, it finds if content (mostly audio) is used and claims it without a real person ever seeing it. It is a broken mess.

CONTENT ID and DISPUTING CLAIMS 101

If a video is claimed, 2 things can happen:
It will be taken down from public viewing or it will have ads on it.

On your creator studio page, the video say 'Matched third party content.' next to the edit button.

Clicking on it will bring you to a page that says:

--- Quote ---Your video may include music that is owned by a third party.

To hear the matched music please play the video on the right. The video will play from the point where the matched content was identified.

Your video is available and playable.

Copyright details:

[The track in question]
sound recording administered by:
[Companys]

If you don't want this claim on your video, you may be able to remove the song.  
[Ok, got it]

If you think this is an invalid claim, you can file a dispute.

Learn more about how claims impact your videos.

--- End quote ---

Clicking [Ok, got it] or ignoring this will leave the ad on the video, regardless if it is true or not.

Clicking File a depute. will take you here:


--- Quote ---I believe this copyright claim is not valid because:
I own the CD / DVD or bought the song online.
I'm not selling the video or making any money from it.
I gave credit in the video.
The video is my original content and I own all of the rights to it.
I have a license or written permission from the proper rights holder to use this material.
My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws.
The content is in the public domain or is not eligible for copyright protection.
[Continue]

--- End quote ---

You select the one closest to what applies to you, with the top 1/2 of the options representing ways that do not count as fair use.

Choosing one of the the lower 1/2 brings you to a page with a text box where you can state your case.

When I was wrongfully claimed on a video, I said something like "your content is not at the timestamp, that was another piece of music I got permission to use." In that case it picked up one song as another, one I have no idea what it was.

I submit it to the people who put the claim and 2 days later it was removed.


YouTubes copyright claim system has been broken for years. I run a fan channel I started in 2010, where I uploaded 2 albums and a movie made by The Rutles. A Beatles parody band by ex-Monty Python members. I got a claim on a few videos saying 'WMG has a claim on this video, it will continue to be available though" but it was taken down anyway. I cubmited a claim quoting the mesage I got and it was put back up. To this day, out of the 49 videos on the channel that consist of copyrighted material, all are available and only 6 have been picked up. Looking at them now, it seems WMG released the claims that i ignored, kept the 3 I accepted, WMG has a unaccepted claim on a video posted in 2014, one video has a song from another company, and one song is calmed by:
"The Rutles-Nevertheless", sound recording administered by:
WMG (Claim released.)
"NEVERTHELESS", musical composition administered by: 0:15 (The song starts at 0:01)
PRS CS (Who is this?)
Sony ATV Publishing (why only this video?)

The Aerosmith claim on one PPP video:
"FLY AWAY FROM HERE", musical composition administered by: 1:12
STIM CS
ARESA
SUISA CS
UMPG Publishing
SACEM
PRS CS
EMI Music Publishing
UMPI

Who are all of these people, minus EMI?

Back on track... If a video is wrongfully claimed, you c

To clear things up:
I think Nintendo has a claim on Let's Plays, not Reviews or Parodies.
YouTube needs to fix the broken claim system because it keeps claiming crap it should not. It is not Nintendo's fault that YTs system claims everything, they just gave them the reference files for content to look for, and YT handles that. If you are wrongfully claimed, you can depute. If the company does not drop the wrongful claim, you take them to court. That is how the content ID system works, and it is YTs fault. You don't have to have any proof of ownership or right to claim a video for someone to do so. You just tell YT, "hey, I claim this", and YT slaps a claim on it. It sucks.

I'm arguing the idea of Nintendo claiming Lets Plays, not the practice of YT slapping claims on everything due to a broken system.

I am going to email Nintendo and get some answers on what Nintendo considers fair use, I see the program guided at Let's Plays and not at reviews. I could be wrong, and if I am, then my opinion on the program will change.



Also, Thanlks Fritz  :P

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