Playing By the Rules: A Quick Note on Copyright

One of the hurdles I've had in starting the Scotty Euclid channel has been around copyrights and permissions. I've been trying to understand the rules around fair use, and in taking my first steps as a YouTube broadcaster, I want to start on the right foot. This post summarizes three areas of fair use that I've been thinking about a lot. In writing this out, I hope to show that I am making a good faith effort to follow the rules of Let's Play video creation.

Playing with Authentic Hardware and Software

One way I want to play by the rules is to use authentic hardware and software in my Let's Play videos. This means:

• When I play Wii, Wii U, or Switch games on the channel, I'm playing using authentic Nintendo hardware and playing authentic physical or digital games.
• When I play modern PC games (or vintage PC games for sale via modern methods), I'm playing the authentic games acquired via Steam.
• When I play vintage PC games that are not available via Steam, I'm playing with files from an authentic physical copy of the game. For example, I have a real copy of the MS-DOS Jeopardy! games that I purchased through eBay and use for the retro Jeopardy! series.

Permissions from the Publishers

It is really awesome how many major software and video game publishers have supported Let's Play videos, including giants like Nintendo and Capcom. In fact, Nintendo and Capcom have dedicated web pages explaining what Let's Play creators can and can not do with their games.

In YouTube video descriptions, I will provide a link to the game publisher's policy on Let's Play videos if one is available. (Of course, publishers that specifically prevent the use of their games in Let's Play videos will not be played on the channel.)

Where things get tricky are for vintage games where the publisher has gone out of business. (The retro Jeopardy! series falls under this category, as Sharedata and GameTek no longer exist.) For these older games, I will assume that by talking about the game as I play, my use of the game falls under the category of "fair use".

Did I Make a Mistake?

This is a new and exciting hobby for me. While I am doing my best to understand the rules of copyright, I am not a lawyer (as the Internet-savvy say). There is a chance that I've misunderstood the rules around copyright. If you are the publisher of a game that I play, and you think I've stepped over the line around copyright, read on.

First, don't get mad. As you can tell by this entire post, I am trying to put forth a good faith effort around playing by the rules of copyright. And remember, I'm just one guy trying out a new hobby. I'm sure I will make mistakes as I learn.

Remember, too, that if I'm playing your game on the channel, it's because I really like your game, and I don't want to create a sour relationship with a game publisher that I like!

Second, reach out to me, via the mechanisms within YouTube.

And finally, I will make the offending videos private while we work out a solution to the issue. If we can't come to a compromise, I'll take the offending videos down.

With all that said, let's have some fun!