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Lingyan203

Someone copied my gameplay video on YouTube

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Hi everyone,

So apparently I noticed someone copied my video and reuploaded it as their own without giving me any credit/mentioning my name/my permission nor stating that it's fair use nor for educational purposes. The person who reuploaded this video that they took from me had the exact same length, audio, title, and gameplay as mine. Although I don't do commentary on my videos, he still copied my video without any citation to the original uploader nor giving me any credit, and when I played the video he stole, it had ads on them, so he was trying to profit off of my own gameplay videos.

It's very unfair considering I did the recording of the gameplay and he gets all the views and profit.

Here's my original gameplay video that I owned and recorded that was reuploaded and copied to another YouTuber's account:
https://www.youtube.com/watch?v=_f1dv2yHrL4

and here's the link to the video that that user copied/reuploaded from my video link above to their own channel as their own without my credentials nor giving me any credit:
https://www.youtube.com/watch?v=6I8FWKFj304

I've tried to contact him asking him to remove the video. However, over a week later he still didn't respond to my request nor removing the video. I had to report him by filing a copyright takedown complaint through here:

https://www.youtube.com/copyright_complaint_form

I really hope YouTube will remove the video he copied. Cause stealing from one LP YouTube gamer is like stealing from another LP YouTube gamer, regardless of commentary.

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A simple link to your original video and "Gameplay recorded by Lingyan203" in the description is all it takes, and yet apparently that's too much to ask. This 'SinalTube' YT user obviously has no common courtesy. To not respond to your request makes it a double-down dick move, I really wouldn't feel any guilt reporting the user at that point.

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So you uploaded copyrighted content from a game without permission from the owners, and now someone else uploaded that same content, and they're hurting YOU?

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Copyright on demos exist only within that site... Moderators can ban you for that (full coping) but don't be sure that Youtube will do the same.
I guess they will not even understand your statement until you will have some incredible arguments.

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DMGUYDZ64 said:


I already reported him. For gameplay recordings, each person's gameplay is always unique.

@Linguica The gameplay videos I post are posted to demonstrate the player on how to beat it or how to play it, and it's completely fair use. That user did not mention my name in the description nor gave me a link to the original video and just posted it. He didn't even state in the video description about fair use nor educational purposes.

Azuruish said:

Copyright on demos exist only within that site... Moderators can ban you for that (full coping) but don't be sure that Youtube will do the same.
I guess they will not even understand your statement until you will have some incredible arguments.


The video was not a demo and it's not a Doom game. It's an entirely different game.

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Lingyan203 said:

I already reported him. For gameplay recordings, each person's gameplay is always unique.

@Linguica The gameplay videos I post are posted to demonstrate the player on how to beat it or how to play it, and it's completely fair use. That user did not mention my name in the description nor gave me a link to the original video and just posted it. He didn't even state in the video description about fair use nor educational purposes.

The video was not a demo and it's not a Doom game. It's an entirely different game.


It's not fair use. Teaching people how to play games wouldn't meet the education exemption of a fair use law in any sane court. The publisher would be well within their rights to remove the video regardless of any disclaimer you include.

The game in that video is so simple I don't even think you could claim to be doing any original work at all by recording it. Furthermore, they could sue you for damages based on you taking the educational experience of learning the alphabet from their game and putting it where people can have it for free.

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Interesting! I wonder if videos like this or this from my channel would fall under fair use, then? It's based around copyrighted materials, and it's basically just me talking about it. I don't think any claims are going to be made or anything and if someone stole a video of mine I probably wouldn't notice or care, but I'm curious what the law has to say about it.

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It happened the same thing to a guy I once knew'd in youtube / deviantArt, some goons stole his videos saying that is all it's job...

Looks like it's a youtube national sport doing such stuff... at least trough little communities...

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Linguica said:

So you uploaded copyrighted content from a game without permission from the owners, and now someone else uploaded that same content, and they're hurting YOU???

*cheap grindcore metal plays in the background*

Doomkid said:

Interesting! I wonder if videos like this or this from my channel would fall under fair use, then? It's based around copyrighted materials, and it's basically just me talking about it. I don't think any claims are going to be made or anything and if someone stole a video of mine I probably wouldn't notice or care, but I'm curious what the law has to say about it.


As far as I'm concerned it's largely the whole point of courts and judges to fight Munchkins.

The fair use laws can cover pretty much everything with enough good will I think. Most notably US Fair Use factors include Other Factors, which are unspecific, hinting that sanity is 100% legal.

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Doomkid said:

Interesting! I wonder if videos like this or this from my channel would fall under fair use, then? It's based around copyrighted materials, and it's basically just me talking about it. I don't think any claims are going to be made or anything and if someone stole a video of mine I probably wouldn't notice or care, but I'm curious what the law has to say about it.


Well if you're talking under it and doing your own gameplay of it, then it certainly falls under fair use. Every person's gameplay is unique and different in many ways.

I've seen people do gameplay and playthrough videos without commentary and have gotten partnerships and yes it does fall under fair use in my opinion.

Some partnerships with YouTube like TGN for example allows gameplay videos without commentary. So it's acceptable.

I'm honestly not the person to ask about legal advice, but I certainly allow people to make mash ups using my gameplay videos but not to copy them and upload them as their own without giving me credit nor posting it in the description.

Aliotroph? said:

It's not fair use. Teaching people how to play games wouldn't meet the education exemption of a fair use law in any sane court. The publisher would be well within their rights to remove the video regardless of any disclaimer you include.

The game in that video is so simple I don't even think you could claim to be doing any original work at all by recording it. Furthermore, they could sue you for damages based on you taking the educational experience of learning the alphabet from their game and putting it where people can have it for free.


Well the thing is, anybody can learn the alphabet. The only thing is that I, in fact, NEVER post illegal download links to these games where people can get the game for free. Regardless of whether the game is simple or not.

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