Youtube Copyright Question

"GGSimmerGG;c-17235477" wrote:
Hi, I know the last comment on this thread was in 2016 but maybe someone will get a notification and answer me. I'm aspiring to make machinimas and maybe hopefully, if people like my videos, I'll be able to monetize on youtube. I'm in the process of filming. I don't plan on using in-game music and I'm trying to work within the boundaries of the free audio youtube is providing even though its not very good. But if the sims can be heard talking (some scenes require simlish) and the miscellaneous background sound effects can be heard (tv, phone, computer typing, microwave etc), is that an issue with copyright?

I'm no lawyer, so don't take the following as legal advice. :smile:

Out of necessity, the sound tracks included for the Sims music stations are copyrighted because EA makes deals with record labels to include Simlish versions of real songs. It is very likely that a Sims music station track will trigger a copyright claim on YouTube.

Technically speaking, all streaming of video games without the express permission of the developers violates copyright law. However, developers rarely make copyright claims because game streamers help make them money by selling more games. If your video doesn't include in-game music that can trigger a YouTube Copyright detection, then I wouldn't worry about it too much.

There's an interesting video about the issues surrounding game streaming copyright below. It touches on the Fair Use aspect of streaming with commentary because the commentary makes it a new work. One might argue that the same is true with machinima, even without commentary, because the player is creating something new--an original story.

https://youtu.be/9P3Ha3pl-iU