Recently a discussion came up among friends. Some of us like to record our gameplay and put it up in YouTube, own3D, etc.
Problem is, some of us are getting copyright strikes/claims, on audio as well as video.
Bear in mind, the videos getting the claims and strikes are not manipulated in any way, except resized to 1080p or 720p. No external music, sound or video has been added.
So, what do I pay for when I purchase a game? Don’t I “own” the content I paid for? Or have I only paid for the service, i.e. the ability to be able to play the game and only that?
I’m not interested how streaming platform (i.e. Youtube) and their copyright system works. That’s not the issue here.
When you purchase a game from the store, you tangibly receive a specialized piece of plastic with software on it, and some packaging. Everything else is intangible: rights, a license, guarantees, etc.
Typically, and I can’t stress that word enough, what you get in layman’s terms is a license to use the software on the disc for personal use in the privacy of your own home and a guarantee that the hardware disc is free from defects in workmanship. You do not receive any copyright rights over the content, nor does the license permit you to duplicate or redistribute the content (well, it does to some extent, usually for backup and for actually installing and running the software).
When you record yourself playing a game and then post it on YouTube what you’re doing is duplicating a portion of the audiovisual intellectual property in the software and redistributing it in a different form. That’s why it’s a copyright violation, and that is why the license you are granted as an end user doesn’t permit it.