Using FFXIV content for a video.

[NameIsZ]

Hello, I was making a video intro and outro and was wondering about the copyright stuff for FFXIV. I've read the terms and conditions, needing to put the copyright on the FFXIV materials, but I was wondering if I could still use said intros/outros for a Let's Play of another game. So it would be FFXIV Intro, other game content, FFXIV outro. Would this be ok to use if I am understanding the terms and conditions right, or is my brain just being dumb right now from the lack of sleep? Does it just have to be FFXIV content to use such an intro/outro?

[Shouko]

Probably better suited for a Community Rep or straight from SE itself.

[Eloah]

I'd say ask a Rep to be safe, though I think as long as you give credit where credit is do and you aren't profiting off of it, copyright law will not have been broken. That being said why would you use FFXIV gameplay as an intro/outro for another game? The only thing I can think of is using a mash-up of several games as the intro/outro. And if that's the case then copyright law favors you, as the mash-up is considered an original piece of work. That's one of the reasons why Youtube videos are able to use a lot of material, that, under general usage, would be copyrighted.

[KisaiTenshi]

Hello, I was making a video intro and outro and was wondering about the copyright stuff for FFXIV. I've read the terms and conditions, needing to put the copyright on the FFXIV materials, but I was wondering if I could still use said intros/outros for a Let's Play of another game. So it would be FFXIV Intro, other game content, FFXIV outro. Would this be ok to use if I am understanding the terms and conditions right, or is my brain just being dumb right now from the lack of sleep? Does it just have to be FFXIV content to use such an intro/outro?

That would violate the Materials license unless you could really justify it through fair use. Essentially Square-Enix doesn't want "mash-up" content.

http://support.na.square-enix.com/ru...la=1&tag=authc

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);

Which the intent would be most likely interpreted in the way a "top 10" list would be, not something that is in perpetual use.

Basically the materials license means you can use anything from FFXIV except:

You may not use the songs titled "Answers", "Dragonsong", or "Revolutions".

And it can only be used in the context of FFXIV. So, if you were to take a scene from FFXIV and dub over it with your own voice, you're fine. If you talk over it, as an LP, you're fine. If you take part of that LP and use it in a "scenes that give you the feels" video, that's ok too.

It has to be said this is not legal advice, and if you're uploading content to youtube or twitch, the services generally tag the audio in 5 second chunks, so even if you think it's fair use, you may jeopardize the monetization of the that video on the service if you use footage from different games.

[NameIsZ]

It has to be said this is not legal advice, and if you're uploading content to youtube or twitch, the services generally tag the audio in 5 second chunks, so even if you think it's fair use, you may jeopardize the monetization of the that video on the service if you use footage from different games.

So a Let's Play wouldn't fall under fair use? No remixes, no snippets of FFXIV stuff into non FFXIV stuff essentially?

And I do plan to upload to Youtube, don't think I can monetize as I'm not a partner with Youtube at all. Does this basically account for the same thing with a patreon link?

Sorry if I'm asking some redundant questions, just brain is a bit rattled from going over hours of videos and page after page of copyright stuff from other places, asking advice, and lack of sleep.

[KisaiTenshi]

So a Let's Play wouldn't fall under fair use? No remixes, no snippets of FFXIV stuff into non FFXIV stuff essentially?

And I do plan to upload to Youtube, don't think I can monetize as I'm not a partner with Youtube at all. Does this basically account for the same thing with a patreon link?

Sorry if I'm asking some redundant questions, just brain is a bit rattled from going over hours of videos and page after page of copyright stuff from other places, asking advice, and lack of sleep.

Patreon is the current way around monetizing videos, basically you're asking people to pay you to produce content without any specific requirement to produce content about X. If your Patreon was "Help me produce LP's on FFXIV" that would probably be seen as trademark infringement. But you can generalize it by "Help me produce LP content on JRPG's" or "PC RPG's" or whatever. Most Patreon's are simply "I am a X, I produce Y" and the tiers are the difference between seeing it early, or participating in a livestream as it's done.

LP's technically are not fair use, but SE has technically given them an OK as long as you're not being abusive with it. Some LP's can be considered fair use if they are made up entirely of unique footage from the players unique point of view. If it requires other players to be useful, it also requires the consent of other players (and this has not been tested in court.) Usually this is not a problem unless you aim to embarrass someone. If you are critiquing or reporting on specific elements or changes to the game or bugs, it has to be in the public's interest, and that's where the materials use license would not apply.

The video must not contain racist, sexist, homophobic or generally offensive content of any kind. This includes graphic violence or sexually explicit content.

Considering that the game itself kinda lacks blood or much in the way of sexuality the only way this gets added is by taking video out of context.

The thing you have to consider is that very very little on fair use and video games has been tested in court, and often agreeing to a EULA/ToS waives any rights you have to copyright, as SE owns all IP, Trademarks and Copyrights in respect to the game. From a PR standpoint, it is seen as anti-consumer for a corporation to take down their copyrighted material from third party sites unless that third party is a direct threat to their customers (So SE would likely remove any videos that show people how to exploit bugs in the game, but would probably ignore videos that just show strategy or speed runs.)

As far as Youtube goes, ContentID can flag anything that that looks like the games cutscenes or audio stand-alone, but those specific songs listed in the Materials Use License are probably the only ones that will actually get a ContentID flag or strike if used. I have not seen anyone get a strike for using it, but you likely can not monetize a video on Youtube that uses it. As Youtube has recently changed the requirements for monetization, you either have to be really popular to earn a few pennies, or you have to be partnered with a content network, and from what I hear, none of them actually help you.

[Fhaerron]

There are millions of videos on YouTube including 'let's plays', 'what's is the best MMO', etc

Some put a link to SE website, most of the videos do not.

I'd say you're safe to use it in your video.

[NameIsZ]

Thank you for taking the time to help me with answering some questions, it has added a lot to be considered when I edit videos for a channel I would want to do.