Nintendo Legal Action Question

NInety · May 28, 2014

If I post gameplay of Nintendo titles played on the WiiU on YouTube and NOT monetize them, can Nintendo flag them and be successful in taking down my channel? I don't have any sponsors or anything.

Enderman · May 28, 2014

You can dispute copyright claims as long as your videos are not monetized.

Imaginaerum · May 29, 2014

If I post gameplay of Nintendo titles played on the WiiU on YouTube and NOT monetize them, can Nintendo flag them and be successful in taking down my channel? I don't have any sponsors or anything.

Nintendo will not get you banned on YouTube.

There are two copyright terms for YouTube: Strike and Claim. A Copyright Strike is very bad, three of these and you're banned. This is only likely if you upload full seasons of Family Guy or the newest blockbuster movie, or claim other work as your own like songs.

Copyright Claims are a company using YouTube's automatic Content ID system to tag your video then monetize it for themselves, or rarely not monetize it but say that the content in the video is theirs. If you do not monetize your video, it is likely Nintendo will find your video through Content ID and monetize it, but they won't remove it and it does not negatively affect your account.

If you do monetize your video, you can try to keep it monetized for as long as possible until Nintendo comes along with a claim. Sometimes they do, sometimes they don't.

This isn't only Nintendo practice though, any game company, music company, and media company will do this if they're large enough and feel it's worth their time. If you do get a Content ID claim you can dispute it with no chance of your channel being affected. If the dispute goes through the first time, good for you! It's not longer claimed. If the dispute doesn't go through, you can dispute it a second time but the content owner has the option to elevate the Content ID claim to a Strike, which isn't likely but is a possibility. It's best not to go against them if they're stout enough to keep the claim the first time.

So again, Nintendo won't get you banned from YouTube, the most they'll do is claim and monetize your video. It'll be available for anybody and you won't be affected, especially if you weren't planning on monetizing it in the first place. I just want to say for the tenth time Nintendo is not the only one that does this.

NInety · May 29, 2014

Nintendo will not get you banned on YouTube.

There are two copyright terms for YouTube: Strike and Claim. A Copyright Strike is very bad, three of these and you're banned. This is only likely if you upload full seasons of Family Guy or the newest blockbuster movie, or claim other work as your own like songs.

Copyright Claims are a company using YouTube's automatic Content ID system to tag your video then monetize it for themselves, or rarely not monetize it but say that the content in the video is theirs. If you do not monetize your video, it is likely Nintendo will find your video through Content ID and monetize it, but they won't remove it and it does not negatively affect your account.

If you do monetize your video, you can try to keep it monetized for as long as possible until Nintendo comes along with a claim. Sometimes they do, sometimes they don't.

This isn't only Nintendo practice though, any game company, music company, and media company will do this if they're large enough and feel it's worth their time. If you do get a Content ID claim you can dispute it with no chance of your channel being affected. If the dispute goes through the first time, good for you! It's not longer claimed. If the dispute doesn't go through, you can dispute it a second time but the content owner has the option to elevate the Content ID claim to a Strike, which isn't likely but is a possibility. It's best not to go against them if they're stout enough to keep the claim the first time.

So again, Nintendo won't get you banned from YouTube, the most they'll do is claim and monetize your video. It'll be available for anybody and you won't be affected, especially if you weren't planning on monetizing it in the first place. I just want to say for the tenth time Nintendo is not the only one that does this.

Well, I don't think my subscribers would like that because I'm doing a Patreon campaign where if I receive $1,000 a month from Patrons, I will remove all monetization from my Channel. Looks like I'll just have to stream it on Twitch.