Why YouTube Let's Plays are Technically Illegal

So, Let's Play videos on YouTube. They're fun, right? They're also not entirely legal.

Copyright is a tricky beast. If you're making a copy of artwork, text, music, or other assets belonging to a company or a person without their permission, you're in violation of copyright law and are, potentially, liable for litigation. As such, while pretty much all of gaming YouTube uses game footage liberally, some channels are in a precarious legal position.

Of course, it's extremely unlikely that the majority of game companies will actually use the rights afforded them by copyright law to take YouTubers to court. There's just no benefit - for one thing, YouTubers absolutely don't make enough money to make a lawsuit worthwhile!

Plus, a lot of developers actually actively encourage Let's Plays, because getting a video trending on YouTube is an excellent way to bring attention to a game that might otherwise fly under the radar. Plenty of indie games got their big break from YouTube popularity.

That said, when a games company allows, tolerates, or even encourages Let's Plays, that doesn't mean that YouTubers is legally protected from litigation. A company can choose to issue a Content ID claim - or worse, take someone to court - at any point, at their own discretion.

So while you're probably very safe if you post gaming videos on YouTube and use copyrighted material, just bear in mind - the tide could chance very quickly.

Why do you think we always use all our own art instead of showing game footage?

Lots of love,
BretonStripes (http://twitter.com/bretonstriped) and Kotor (http://twitter.com/kotorcomics)

Sources:
https://www.publicknowledge.org/blog/loading-a-website-should-not-be-a-copyright-violation/
https://www.cnet.com/news/google-cache-raises-copyright-concerns/
https://www.pcgamer.com/uk/lawyers-explain-why-campo-santos-takedown-of-pewdiepies-video-is-legal/
https://www.theverge.com/2017/9/12/16287688/pewdiepie-racism-firewatch-campo-santo-dmca-copyright-ban
https://arstechnica.com/gaming/2017/09/heres-what-the-law-says-about-pewdiepies-fight-with-campo-santo/
https://www.destructoid.com/stories/sega-forcing-removal-of-shining-force-videos-on-youtube-239581.phtml