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Something to keep in mind for making videos!

Draheim

By Draheim,
in FFXIV Discussion

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Draheim

Draheim

Posted
Posted

Just stumbled across this on another forum and figured I would share it here just so people are fully aware of it.

 

http://support.na.square-enix.com/rule.php?id=5382&la=1&tag=authc

 

This in particular;

 

Guidelines for Videos

  • The video must not require a paid membership for viewing;
  • You may not monetize your video via the YouTube partner program or any similar programs on other video sharing sites.
  • You may not split our videos (vocal, music, visual, etc.) and distribute components as separate assets;
  • You may not combine or synchronize the Materials with third party content (e.g., a mash-up), but you may include the Materials alongside third party content (e.g., before or after in the same video) as long as you also have permission from the original copyright owner);
  • The video must not contain racist, sexist, homophobic or generally offensive content of any kind. This includes graphic violence or sexually explicit content.

So, by this, it would seem we can't make any sort of music videos with content from FFXIV, unless I am reading this wrong?

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lady2beetle

lady2beetle

Posted
Posted

Hmm..... well, my first question is... what videos are we talking about? Are they referring to the videos in game and those published by SE? Like the launch video and such? Or are we talking about videos created from Fraps and other programs that record gameplay?

 

Very weird...

Wait, here we go. It's in the second section:

 

Guidelines for Music and Sounds

  • You may only use music as it is incorporated in FFXIV;
  • When showing gameplay, you may not replace the FFXIV music with third party music;
  • You may not play FFXIV music alone (i.e., without accompanying gameplay footage), or with third party materials;
  • You may not use the song track entitled "Answers."

So, I think the answer is... no, we can't create music videos... unless it's made from screenshot stills, maybe?

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ShoggMommy

ShoggMommy

Posted
Posted

I'm pretty sure Fair Use still applies. As long as you're not making money off of it. They can't do anything about it.

 

They still have copyright, as such it can still be pulled regardless if they were to find out. If someone has a copyrighted image and someone posts it for 'free' it can still be pulled because of copyright laws. Square Enix is quite a large company and unlike someone like me, who is a mere photographer-peon, has a lot more clout. If it doesn't follow their TOS it'll be pulled.

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Vinter

Vinter

Posted
Posted

I'm pretty sure Fair Use still applies. As long as you're not making money off of it. They can't do anything about it.

 

They still have copyright, as such it can still be pulled regardless if they were to find out. If someone has a copyrighted image and someone posts it for 'free' it can still be pulled because of copyright laws. Square Enix is quite a large company and unlike someone like me, who is a mere photographer-peon, has a lot more clout. If it doesn't follow their TOS it'll be pulled.

 

Yes, but if you edit the picture first, and paint a horse on it, then it's considered your own creative work, and you can claim fair use as long as you're not benefiting financially from someone elses intellectual property. That's how video clips from TV shows can stay on youtube if they just flip the video. And also why AMV's are allowed to stay up there.

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ShoggMommy

ShoggMommy

Posted
Posted

Yes, but if you edit the picture first, and paint a horse on it, then it's considered your own creative work, and you can claim fair use as long as you're not benefiting financially from someone elses intellectual property. That's how video clips from TV shows can stay on youtube if they just flip the video. And also why AMV's are allowed to stay up there.

 

I have seen AMVs pulled before however and clips from TV shows pulled. Lady2Beetle also makes a good point. But the thing is we aren't painting a 'horse' over the image. It is a mashup of all the various clips in the game and adding third party music to it. It is different than equating it to something that is a painting. It will most likely be pulled.

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Vinter

Vinter

Posted
Posted

Yes, and I've had news videos pulled from my YouTube channel as well, on behalf of NHK, Japan's national broadcasting corporation. But I challenged the decision, under fair use amongst other reasons, and got YouTube to put it back up again.

 

YouTube generally just takes things down if asked by a copyright holder, even if they shouldn't. Because the people who make the videos generally just accept it without question. But if you challenge the decision, you force YouTube to take an actual look at it, and not just defer to the judgement of the copyright holder, and then they tend to put it back up again.

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LiadansWhisper

LiadansWhisper

Posted
Posted

I wonder if any of this copywrite stuff will come into an issue because SE is a Japanese based company and they probably do not have the same fair use policies...

 

Doesn't actually matter unless you're in Japan.  They have to abide by the Fair Use laws in the US for stuff put up in the US, the ones in Canada for Canadian players, etc.

 

However, I think this is a terrible move.  WoW embraced Machinima artists and it has spawned a very healthy, very good-looking genre that puts the game in a great light (and attracts people who might not have otherwise been interested in the game).  Square would be wise to consider the ramifications of restricting people so severely.  This is basically going to ensure that we don't have machinima artists for FFXIV and that's a real shame.

 

And in case you're wondering, when a company embraces machinima artists, you get ones like Ember Isolte, who just released this:

 

ZDf04mWLiw4

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ShoggMommy

ShoggMommy

Posted
Posted

Yes, and I've had news videos pulled from my YouTube channel as well, on behalf of NHK, Japan's national broadcasting corporation. But I challenged the decision, under fair use amongst other reasons, and got YouTube to put it back up again.

 

YouTube generally just takes things down if asked by a copyright holder, even if they shouldn't. Because the people who make the videos generally just accept it without question. But if you challenge the decision, you force YouTube to take an actual look at it, and not just defer to the judgement of the copyright holder, and then they tend to put it back up again.

 

I'm glad to hear that you were able to get them put back. I find overall the restricting rules they have for the game is discouraging. I'm not supporting it or anything. But it is good to hear that you can challenge youtube on that point. :)

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LiadansWhisper

LiadansWhisper

Posted
Posted

I suppose this means we'll be spared the presence of various Youtube 'celebrities', eh?

 

Sure.

 

It also means you'll never have fun machinima.  You'll never have raid kill videos that have sound other than what's in the game.  You won't see game guides for the most part.  Most won't stream (because you can't display the video with third party music).  Etc.

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ShoggMommy

ShoggMommy

Posted
Posted

There's been a TOS update and things have been revised. :) Check out below. 

 

http://support.na.square-enix.com/rule.php?id=5382&la=1&tag=authc

 

 

  • You may not use the Materials for any sales or commercial use, meaning you cannot receive license fees or advertising revenue, except as part of the partner programs operated by YouTube.com, Twitch.tv, Ustream.tv, or similar programs. If the operator of a partner program seeks to confirm our policy, please point them to this page as we do not have the resources to respond to all requests.
     

So there is that, but it doesn't seem that they will allow third party music. 

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