Materials Usage License Too Restrictive?

For anyone who's not seen them before, please review:
http://support.eu.square-enix.com/ru...la=1&tag=authc

I understand that Square Enix is primarily Japanese. And thus many of the usage laws and terms of service come from there. But let's look at some of the more 'troublesome' parts of the License. (Merely for lack of a better word to use atm)

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If you use a trademark (such as "Final Fantasy" or any related logo), then you must include a notice saying that the mark is owned by Square Enix, such as the following:
FINAL FANTASY is a registered trademark of Square Enix Holdings Co., Ltd.

If you use any copyrighted Materials (such as screenshots or gameplay video), then you must include the following notice:
FINAL FANTASY XIV c 2010-2013 SQUARE ENIX CO., LTD. All Rights Reserved.

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I had a video up, but took it down when someone told me this had to be posted in the video at the time of the showing. Does mean I need to have this notice in the video the entire time it's running? Or does posting this in just the description, or even at the end in the credits count?

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Guidelines for Videos

• The video must not require a paid membership for viewing;
• 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.

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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."

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I've colour-coded this section, because there is three things to mention.

Blue - This conflicts with parts in Green.

Green - I play with my music OFF. I leave Sound Effects on so I can hear various queues in the game. But when I play, I run a playlist of music from a group who has given me rights to use their music in my videos and streams.
NO OTHER GAME requires users to turn on THEIR music to merely record a video.
So... just to record a fun run of my friends and I doing a 3 DD and 1 Healer run of any instance I'm going to have to:
-Turn off my music.
-Turn off all the settings in my recording software that automatically produce overlays that hide my chat, list the song playing, and say other locations people can contact me.
-Turn on the music in the game.
And then finally my group can be recorded?
Because, if we look carefully... I can't even add in the music from the FF:XIV soundtrack AFTER the recording either!

Orange - Where is this track so I can avoid it like the plague? As I don't listen to the music in game until I'm forced to do so.


I mean, don't get me wrong. It's nice that I can make money off your game as a Youtube Partner... since that's listed there quite nicely.

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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.

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But... I'd give that up just to be able to record on a whim, instead of only after I've made a ton of changes to my comfortable gaming style. :(

Ehmmm, so you're too lazy to include "FINAL FANTASY XIV c 2010-2013 SQUARE ENIX CO., LTD. All Rights Reserved." in small fonts on your video?
Did I understand it right ? Because it sound totally like that you know ?

MrHappy does tons of FF14 videos and all ho does is add that phrase in the description and the video so that SE leaves him alone.

So id other youtubers can do it why can't you ?

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Originally Posted by SirSaber

Ehmmm, so you're too lazy to include "FINAL FANTASY XIV c 2010-2013 SQUARE ENIX CO., LTD. All Rights Reserved." in small fonts on your video?
Did I understand it right ? Because it sound totally like that you know ?

MrHappy does tons of FF14 videos and all ho does is add that phrase in the description and the video so that SE leaves him alone.

So id other youtubers can do it why can't you ?

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It was one I wasn't certain about. Which was why I was asking if it was alright to add it to the credits, or the description. Or if it had to be throughout the entire video.
Perhaps I should edit to say 'does this mean it needs to be throughout the entire video?'

Edit: Fixed. My mind was on a runaway train while trying to write this all up. And the character limit when I tried to merely preview had annoyed me to the point I forgot to proofread. >.<

Edit your posts to bypass 1000 char limit. Instead of posting several times :)

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Originally Posted by Zedine

Edit your posts to bypass 1000 char limit. Instead of posting several times :)

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Editing allows this? I was not aware. o.o

Edit: Thanks. All condensed now. :)

SE should become more flexible. There are some pearls out there that couldn't exist with these policies.
http://www.youtube.com/watch?v=q6eEgBN5PCg
http://www.youtube.com/watch?v=WTTPwvGC0rY

I wouldn't worry.

SquareEnix will hardly do anything about any video they do not consider harmful for their company.

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Originally Posted by Kalsam

Where is this track so I can avoid it like the plague? As I don't listen to the music in game until I'm forced to do so.

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Youtube -> Search: FFXIV Answers

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Originally Posted by Malamasala

I wouldn't worry.

SquareEnix will hardly do anything about any video they do not consider harmful for their company.

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I'd normally agreed, but sadly there has been a number of videos that have been copyrighted by Square Enix, placing a strike on Youtuber's accounts. Which effectively prevents that person from monetizing any new videos, posting videos over 10mins... and a few other minor things until the copyright strike has been removed and cleared for a while. =\
There's one even posted here in General that was taken down recently. It was merely a Lalafel dancing to music. Not harmful to the company at all.

This is what you get when companies hire more lawyers than PR.

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Originally Posted by Raldo

Youtube -> Search: FFXIV Answers

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Only thing I'm finding is that it's the main theme. Unless it's only played on startup, and no where else in the game?
Even a partial playing in any other location in the game could cause a copyright strike for that part in the MUL. Which is why I asked. :D

Oh, yeah that's pretty much it. Opening "trailer" CS, into cutscene(s), and possibly during one of the ending CSs as well. You won't encounter it during normal play.

I read that earlier as you didn't know what the song was.

Their legal restrictions are absurd, I agree. With this game's emote system, you could get some pretty great machinima (even if we don't have an animated model viewer), and that kind of community brings a lot of publicity to an MMO. I simply can't fathom why Squeenix would craft their rules like this. The one that baffled me the most was the explicitly banning of the use of Answers, because why the heck?? But, it's all confusing.

Their materials usage license is completely absurd and indicative of a company that is utterly clueless about the current gaming environment. It's also one not-insignificant reason among several that I'm canceling my sub.

"We want WoW's popularity and income, so we're going to make a Final Fantasy skinned WoW. Doing that alone and none of the other stuff that made the game popular will ensure us making billions!"
or alternatively
"We've made a Final Fantasy skinned WoW, what more could people possibly want? Why aren't they throwing money at us?"

I think that their restrictions are short-sighted and ultimately harmful to the game itself, but Square is pretty slow to relax such things. The only reason why they relaxed the monetizing restrictions was because streamers like Mr. Happy and, I think, Totalbiscuit(? not sure on this one) showed them the millions of views their FFXIV videos had gotten and basically said, "You let us monetize or we're not gonna cover your game at all."

Kalsam, add the phrase you've asked about in small font on your videos and description and you have nothing to worry about.

If you use a music from them add the phrase to the credits.

All you need to use SEs stuff without worries is to credit them with 1 phrase. That is all.

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Originally Posted by SirSaber

Kalsam, add the phrase you've asked about in small font on your videos and description and you have nothing to worry about.

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I replied to your earlier message in this thread stating my original question was off, and that I corrected it.

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If you use a music from them add the phrase to the credits.

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That's my issue with the current music requirements. I cannot listen to the music I prefer to listen to AND record. I have to turn off MY MUSIC and turn on THEIRS to record.

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All you need to use SEs stuff without worries is to credit them with 1 phrase. That is all.

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There was more to my post. So there was more than the "one phrase" to "worry" about.