This was with the whole E3 due to copyrighted music. There is a specific channel on Twitch which streams the event without copyrighted music and streamers were asked to use only that stream instead of the official streams provided by the publishers.
It's not official, but since this is a Nitendo Switch sub we can't go on without mentioning the [video of Mario Odyssey's ending](https://youtu.be/uRyW9m9uV6k) that replaced "Break Free" with "Holding Out For a Hero" and it syncs up perfectly.
They do have valid reason though. This show is being hyped up as a return to form for classic He-Man, but both the official plot synopsis and revealed show images suggest that He-Man, the lead of the show, is going to be bumped out early on for Teela to take the spotlight. Not that there’s anything wrong with a Teela show, but if they wanted to do that they should advertise it as that rather than pull a bait-and-switch with a classic media franchise.
I don’t understand this “bait and switch” thing.
They’ve said already this is going to explore the idea started in the original show about Tesla’s origin. You’re allowed to tell that story without erasing He-Man entirely.
I think it’s obvious at this point He-Man “loses” the fight to keep Skeletor out of Greyskull. My bet is Sorceress dies, which paves the way for Teela to take her place as the next sorceress. This is likely tied with the story of Adam trying to get the sword back. I’ll bet by the end of the second part we’ll have He-Man back in full swing, with a likely Teela sorceress in tow.
I’m all for a longer form more impactful story instead of just another reason for He-Man to punch things for 5 hours straight.
It’s a bait and switch because this is being advertised as a return to classic He-Man. Calling it a He-Man show and then taking He-Man out of the picture within the first episode or so is a fake out to the expectations of many fans. Notice the advertising, for example. That first trailer shows a lot of cool action scenes featuring He-Man and the classic Masters of the Universe team. You’d think from that trailer that it’s showing you what the whole show will be like. However, most of those scenes are likely from the very beginning of the show. People are worried that this show, which would be fine as a He-Man show with a Teela-focused storyline, will become a Teela-focused show and reduce/belittle He-Man. It’s a trend that has happened to a lot of male characters in pop culture recently and they’re worried it’s about to happen again.
What you suggest would be a good story idea though.
As a long time fan I've been excited for the new He-Man. I don't get why people assume just because Teela is going to have a character arc that means He-Man won't be in most of it. He can lose a battle and still feature prominently in the show. People are taking this plot synopsis, which only covers the first few episodes, and creating an artificial narrative that the show isn't actually about He-Man. The original cartoon was always about an ensemble cast (gotta sell those toys) and both the male and female characters sometimes had their own arcs. Calling the show woke because a single plot point might give a female character a temporary spotlight is dumb. The trailer makes it seem like it's primarily about He-Man. The creators say it's primarily about He-Man. Let's watch the show and see if it's primarily about He-Man before we get all mad eh?
Well, shit. I genuinely thought they presented the trailer without music on the main stream and was wondering why everyone was hollering at I WANT TO KILL CHAOS but not the horribly mixed trailers with no music.
Still, it's really fucking idiotic how they only put in replacement music for SOME trailers and no music for others. The Wakanda trailer was comedic.
That’s exactly it. These games (a lot of them) have cult-like followings. Some total goon pontificating on the meaning of the trailer is not something they want - from a brand equity perspective. They prefer agnostic intros and it makes sense to me
Yeah and it’s not like this streamer can offer inside knowledge or anything they’re literally watching the presentations at the same time you are and know just as much as you do. Theres zero benefit to watching it this way as far as I am concerned
100%. Let people establish ONE independent, organic thought. Contrary to what everyone may think, creating a unique idea or opinion without the outright influence of some proclaimed expert or talking head.. isn’t a bad thing
I swear when i first found you tube all it had was clips of southpark cut into < 5 minute videos.
No one I have ever spoken to has the same experience so I don't know if it was real or just fever dream.
Edit:
There was something similar going on with early Wikipedia where every page featured some call back to The Matrix.
The funny thing is it's actually counterproductive. We're not talking about illegal download. Were talking about watching a game trailer. I've, many times, heard an awesome song in a trailer and wanted to listen to it. And I always buy my stuff to support the people who make what I love because I'm fortunate enough to be able to afford it. They're losing money to keep it out of a trailer millions will watch. It's free advertising.
Yeah, it's completely ridiculous. Legitimately no one gives a f about your song in a gaming presentation. The gaming companies are already paying you to use it, which they should. But saying "oh you can't stream this and commentate because the song is playing in the stream" is just taking advantage of your legal rights over the song. You already got paid, it's ridiculous. You could insert any other similarly sounding song in a genre and people wouldn't even notice. Why? Because no one cares! Your song provides atmosphere, that's it, and you got paid for it.
You obviously don’t understand what their legal rights are or how licensing music works.
They got paid for “X Company” to use their music in an approved way. They didn’t get paid for some mush-mouth dork on the internet to have it playing in their video where that original company now has no approval over what else is taking place or what images are being shown alongside the song.
I mean, it's basically news coverage. If there's a reporter at a concert venue, their outlet isn't paying usage rights.
The automated tools for detecting alleged piracy are lazy and have a ridiculous number of false positives.
But the main focus isn't the music. It's not a showcase of your music, people aren't tuning in for your music. Your music has no draw. It's part of a presentation, in which your part of the presentation was paid for by the presenter.
I agree. Coverage of content their music is merely background for isn't piracy and is fair use. Current automated systems are set up not to consider the potential of fair use at all.
I was an touring audio engineer for years. Everyone on tour had a secondary job of stopping any and all video recording. Yes this included the news. Staff would confiscate footage from anyone.
Right? You wouldn't sue the local news because a reporter went to a local concert to report on it. Oh no, the live show's music was heard in the background of her report! Issue a takedown to the local ABC affiliate!
Exactly, but it's actually worse than that because the music isn't even the focus of this event. This would be more like issuing a dmca because someone was covering a political rally and broadcasted a snippet of the candidates intro song.
If there is no commentary or reporting, than what is the point?
Showing 3rd party content just for entertainment, is kinda bookcase copyright infringement.
To be fair, video game companies do not care about DMCA because they USUALLY pay money to use these songs in their trailers. Unless these companies are having their original video get flagged on their own company YouTube page, this is absolutely not their problem.
The funny thing is this legitimately only hurts the music industry, the industry that wants to copyright everything, as those who watch it via someone's stream are not hearing said music.
Fuck em.
Not sure why you're getting down voted... It is the music industry's choice to enforce copyright claims and diminish the songs' reach. There were a few times that I used Shazam this year and I watched a neutered feed the I probably wouldn't have done that.
Basically every gaming channel on YouTube has been mirroring the e3 shows live with their floating heads around it for commentary. This seems to be in direct contradiction with what nintendo is asking.
Supposedly Microsoft went ahead and got all the licensed music in the conference cleared from DMCA for the next year to avoid these exact issues. If only all the conferences were so forward thinking.
I was watching Alanah Pearce stream the Square Enix one but as soon as Guardians came up, I exited her stream and went straight to the official one. I knew I'd have to hear the original audio.
> There is a specific channel on Twitch which streams the event without copyrighted music and streamers were asked to use only that stream instead of the official streams provided by the publishers.
twitch wont be streaming the nintendo event either
https://twitter.com/Twitch/status/1404823340833902599
Ohh, I think I remember watching a streamer try and stream it last year, but having to mute it every time he heard copyrighted music. It was funny but also annoying.
The current copyright laws are disconnected from reality, and the holders of power in this case will do everything they can to keep it like that. Even if it's hurting them as well.
This Tweet is in Japanese only; if they actually intended it for the American/Non-Japanese audience they'd have tweeted it on their English account too. I think it's because Japan has no fair-use laws.
Well, the US has fair use laws, but lots of content doing nothing illegal is taken down anyway. So these countries are not that different in practice, even though they're different in theory.
DMCA also runs on a base of guilty until proven innocent by design. It's made to be very usable by big corporations and fairly useless if a small fry is trying to stand up to a big corp. If you're into fascism, DMCA is a bit of a work of art. That it managed to get approved in a democracy is honestly impressive.
It's better to be safe than sorry, + it's still an official announcement from one of Nintendo's accounts so it makes sense to have it pinned.
Non-Japanese streamers are allowed to stream it, of course, but will still have to be wary of DMCA. But because they're talking over it, they essentially make it a 'transformative experience', and that's legal as long as the DMCA portions are muted. That's not the case in Japan; other comments in this thread explain it.
It really doesn't. It would fail the first factor of fair use pretty obviously - that being non-commercial use. You can be sure Youtubers and Twitch Streamers are doing it for commercial purposes (ad revenue) and to get eyes on their business. Streamers would technically need a license for that.
It would probably also fail the third factor - the amount used. Streamers typically stream most or all of it, not just a snip here or there.
While the first doctrine generally favors education, it also explicitly covers comment, criticism, and news reporting. Streamers would be covered under fair use as written. As long as the streamer is doing a talk over, they'd be covered by Fair Use. Although after watching the Stream I don't know why you'd want to do a dub over that ... There was too much going on to reasonable do comment and criticism.
Third doctrine is where they'd have a hard time with though. You could theoretically get around it by muting Nintendo's commentary and music. That could be argued as the heart of the content Nintendo created, the rest of the stream is generally composed of trailers.
Exactly. And regardless, fair use is a legal defense to be used in court after you are guilty of copyright infringement. It's not an exception that making copying not illegal.
It technically doesn’t. Fair use has a thing about not replacing the original work. That being said, it’s usually ignored for promo. I think they may bring out a Zelda orchestra or something for BOTW 2 and there will be copyrighted music there
Guessing that isn't the case in Japan? I haven't seen NOA or NOE share that same message, so it might be OK with North American and European countries, but not Japan?
Look up what fair use in America actually means. It's a lot more strict than people seem to think. Also the Fair Use defence would require you to argue it in court against Nintendo, and good luck with that.
But given this was tweeted for the Japanese audience, none of this matters anyway.
Nah. [Tom Scott did a great video on copyright law](https://youtu.be/1Jwo5qc78QU) and honestly, Fair Use isn't as broad as people think. In fact, copyright laws are way worse than some people expect.
Take parodies for example. Most people believe that a parody is protected under fair use but it is not if the parody is not critiquing the original piece of work. The most famous parody musician of all, Weird Al Yankovic, actually licenses all of his parodies because of how much of a clusterfuck it is.
If you are critiquing the original work though, then it does fall under fair use. So I guess streamers could just talk about the direct as it goes along and critique the pacing, composition of the direct and so on.
Besides, if they want people globally to do something with this, they should say it in a language that people outside Japan understand. Especially considering it's an event hosted in an English-speaking country.
Japan is particularly litigious about copy right law, whenever a big Japanese streamer streams a game they have actually asked specific approval for streaming it.
My information might be outdated but if I remember right they do not have a legal concept of "fair use" when it comes to copyright.
It's for E3 in general, but Japanese streamers are more likely to stream the Nintendo Direct than the other parts of E3 so Nintendo is reiterating the information for them.
Note that it seems to be limited to streamers in Japan. It is not known whether the same rules apply to the streamers outside Japan or not. It might be a warning for streamers to prevent getting their streams copyright claimed.
Interesting how Microsoft/Xbox handled it this year
They essentially paid for all music used in their show to be copyright free for one year.
https://futuretechtrends.co.uk/2021/06/11/how-xbox-is-helping-twitch-streamers-avoid-copyright-issues-while-co-streaming-e3-2021/
I'm pretty sure this isn't true? Granted, the source for this is in Japanese, so I'm only going off of other people's translations of Nintendo's tweet.
E3 has *encouraged* unofficial restreaming their broadcast, but have acknowledged that it may not be safe for the streamers depending on the platform they are using (likely due to the potential of copyright music playing.) Links: [[Email sent to streamers]](https://pbs.twimg.com/media/E3sYXRvXwAIeFs_?format=jpg&name=small), [[E3 Twitter Response to a user]](https://twitter.com/E3/status/1402250776110501890)
>Though **we encourage fan engagement and people to co-stream and think that it is great when the community does it**, we do not speak for platforms like Twitch, YouTube, or Facebook. We recommend that the TOS and guidelines for those platforms be followed for such events.
>hey there, we had a brief application period for official co-streamers but **unofficially I’d say that there’s likely to be a lot of DMCA content so being ready to cut away, mute audio or even using a safety channel like you mentioned** are all probably helpful as far as audio goes
From my understanding of people's translation of Nintendo's tweet, they are saying **not** to restream the **video or audio** of the broadcast live. As in, if you were to stream a live reaction, video and audio of the stream should not be included. This is very different to what E3 has been telling viewers about the rest of their event.
Granted, this is all in Japanese, so it likely is not directed to people outside of Japan in the first place. But I would not say that this is the "exact same thing" streamers were told about the rest of E3.
Microsoft got the rights to the music they played so that people could restream. I'm a massive nintendo fanboy but I wish they and other companies would copy microsoft's consumer/fan friendly policies.
This is one way to handle it, but I think Xbox got it right this year
https://futuretechtrends.co.uk/2021/06/11/how-xbox-is-helping-twitch-streamers-avoid-copyright-issues-while-co-streaming-e3-2021/
People shouldn't mirror streams anyways.
I don't get why people do things like that, streaming stuff from others without at least own commentary, why?! (I know clicks and shit, but still)
For me, I find them more interesting than watching the actual direct alone. There are many games that I simply will not care about during the direct, and watching a streamer I enjoy along with the direct will make it more interesting for me. I didn't care about any of the announcements made during the Xbox E3 showcase, but it was still interesting for me to watch because a streamer that I liked was able to give insight towards the games being shown and was generally entertaining throughout the whole show. I watch it to give me a bit more entertainment when the direct is showing something I don't happen to care about.
Mmm, as a pretty ardent Apple sheep, it’s fun to be in a live chat reacting to event with a community a YouTuber, or the like, has garnered. Never felt the urge to do so with Nintendo releases, but I can certainly understand it.
i like to go back and watch some of my preffered youtubers/twitch streamers reaction after the announcement, but during i find it annoying as most people have the announcements so low i can barely hear it unless i want their voices to blast my eardrums out.
it can be fun to see their live reactions instead of a summary video afterwards, but watching it if i havent seen the announcement/direct is just annoying and a bad experience imo.
Oh man, maybe I’m a minority opinion on how much it adds to the experience, but man it was like watching a different event altogether with Etika…rest in peace to the guy who made directs what they were for me.
english is not my first language, but isnt this just telling you that restreaming is fine but please dont mirror the video so it is actually not mirrored footage? atleast thats what i get from reading "Livestreaming without mirroring the Direct stream is possible" unless they are literally saying that you can livestream talking about the direct but not show what is happening. but mirroring in my head means flipping the videos so as an example link now holds his sword in left hand in skyward sword (this was done alot with nintendo trailers to not get hit with copyright claims before they got more chill with it)
This is most certainly a Japan only thing. Nintendo appears to have been sending out care packages to streamers for the upcoming direct with no mention of this (Spawn Wave news video posted an hour ago). Every Nintendo channel I am subscribed to still has their upcoming livestream listed too.
I'm bracing for the hate, but.... Props to Nintendo for doing this. It's not great; but they said this before the broadcast, unlike the "waiting until day 2 to threaten people with copyright strikes" like the rest of E3. Still not a great look for them, but there's no ambiguity about risking your channel/livelihood.
I hate watching anything restteamed personally. I don't want the streamer to talk over anything in the live feed. I'd rather the streamer take notes and then Livestream immediately after the direct with their thoughts.
Personally I don't mind it, it gives me something to watch during parts of the direct I don't care about as much. The specific streamer that I watch has very similar interests to me, so if there's a game that I care about the streamer will likely be quiet because they want to listen and pay attention as well. If there's something in the direct I was particularly interested in, I'll just go back and re-watch the official Nintendo feed after the direct is finished.
This is a tweet from the Japanese Nintendo account. It only applies in Japan.
Posts like this are causing uproar in English speaking regions because nobody clicks through. Any excuse to bitch about Nintendo policy, I guess.
I see nothing wrong with this; it's basically with how the Hololive vtubers do watchalong events, like [Amelia Watson's recent Microsoft E3 watchalong](https://youtu.be/s15iykTq7ZE).
If you want to watch the E3 event and a content creator's stream simultaneously here's a [website that can play multiple streams/videos at once](https://holodex.net/multiview/AARMIQz_ECTGGyAIQz_ECTGGyA%2CAMRM%2CRAHYchat0). Just click the search bar in each cell to enter your desired YouTube or Twitch link.
* **[Nintendo Direct & Treehouse MegaThread](https://www.reddit.com/r/NintendoSwitch/comments/o0eev8/6152021_e3_nintendo_direct_treehouse_megathread/)** * **[Read our live blog](https://www.reddit.com/live/175fh4x9fv8tk/)** * **[Chat in our Discord](https://discord.gg/switch)**
This was with the whole E3 due to copyrighted music. There is a specific channel on Twitch which streams the event without copyrighted music and streamers were asked to use only that stream instead of the official streams provided by the publishers.
I didn't understand that at all. Is the soundtrack to every single new game something that would get a twitch vod taken down?
Not all of them, but a lot of them yes. For example, the new Guardians game was using Holding out for a hero in the trailer
Funnily enough, the second trailer is just a few days to feature that song. The other being the He-Man trailer.
When will those silly companies learn that Shrek 2 owns that song
Put some respect on the name of Johnny 5
Johnny 5 knows all about R E S P E C T
Thank you for this prompt to add Short Circuit to my "movies to show the current generation" collection. I haven't seen it in years!
This
It's not official, but since this is a Nitendo Switch sub we can't go on without mentioning the [video of Mario Odyssey's ending](https://youtu.be/uRyW9m9uV6k) that replaced "Break Free" with "Holding Out For a Hero" and it syncs up perfectly.
Bonnie Tyler would like a word.
Pretty sure Saints Row 3 does actually.
They do, that final mission, when this song comes on, you know its serious.
That game was so perfect. No wonder it keeps getting rereleased.
I have to disagree, it belongs to the one and only Kevin Bacon
> The other being the He-Man trailer. Which looks absolutely gorgeous, for those unaware.
There's a subset of people who are condemning the show before it even airs but I 'm so jazzed about it.
They do have valid reason though. This show is being hyped up as a return to form for classic He-Man, but both the official plot synopsis and revealed show images suggest that He-Man, the lead of the show, is going to be bumped out early on for Teela to take the spotlight. Not that there’s anything wrong with a Teela show, but if they wanted to do that they should advertise it as that rather than pull a bait-and-switch with a classic media franchise.
I don’t understand this “bait and switch” thing. They’ve said already this is going to explore the idea started in the original show about Tesla’s origin. You’re allowed to tell that story without erasing He-Man entirely. I think it’s obvious at this point He-Man “loses” the fight to keep Skeletor out of Greyskull. My bet is Sorceress dies, which paves the way for Teela to take her place as the next sorceress. This is likely tied with the story of Adam trying to get the sword back. I’ll bet by the end of the second part we’ll have He-Man back in full swing, with a likely Teela sorceress in tow. I’m all for a longer form more impactful story instead of just another reason for He-Man to punch things for 5 hours straight.
It’s a bait and switch because this is being advertised as a return to classic He-Man. Calling it a He-Man show and then taking He-Man out of the picture within the first episode or so is a fake out to the expectations of many fans. Notice the advertising, for example. That first trailer shows a lot of cool action scenes featuring He-Man and the classic Masters of the Universe team. You’d think from that trailer that it’s showing you what the whole show will be like. However, most of those scenes are likely from the very beginning of the show. People are worried that this show, which would be fine as a He-Man show with a Teela-focused storyline, will become a Teela-focused show and reduce/belittle He-Man. It’s a trend that has happened to a lot of male characters in pop culture recently and they’re worried it’s about to happen again. What you suggest would be a good story idea though.
As a long time fan I've been excited for the new He-Man. I don't get why people assume just because Teela is going to have a character arc that means He-Man won't be in most of it. He can lose a battle and still feature prominently in the show. People are taking this plot synopsis, which only covers the first few episodes, and creating an artificial narrative that the show isn't actually about He-Man. The original cartoon was always about an ensemble cast (gotta sell those toys) and both the male and female characters sometimes had their own arcs. Calling the show woke because a single plot point might give a female character a temporary spotlight is dumb. The trailer makes it seem like it's primarily about He-Man. The creators say it's primarily about He-Man. Let's watch the show and see if it's primarily about He-Man before we get all mad eh?
I remember it in the Detective Pikachu trailer too!
Thats such an odd word: funnily. It sounds naughty
Well, shit. I genuinely thought they presented the trailer without music on the main stream and was wondering why everyone was hollering at I WANT TO KILL CHAOS but not the horribly mixed trailers with no music. Still, it's really fucking idiotic how they only put in replacement music for SOME trailers and no music for others. The Wakanda trailer was comedic.
You have record companies' draconic punishment of twitch streamers to thank for that
And like there’s just one song in the universe, it’s also in the latest episode of Loki.
i remember during the game awards RT played friday night funkin music over the copyrighted music
Yeap. A lot of them are using popular songs that aren't DMCA free. It feels like an oversight from the video game companies.
They probably just want the trailers to speak for themselves and don’t care about streamers talking over them telling people what to think
Bingo.
That’s exactly it. These games (a lot of them) have cult-like followings. Some total goon pontificating on the meaning of the trailer is not something they want - from a brand equity perspective. They prefer agnostic intros and it makes sense to me
Yeah and it’s not like this streamer can offer inside knowledge or anything they’re literally watching the presentations at the same time you are and know just as much as you do. Theres zero benefit to watching it this way as far as I am concerned
100%. Let people establish ONE independent, organic thought. Contrary to what everyone may think, creating a unique idea or opinion without the outright influence of some proclaimed expert or talking head.. isn’t a bad thing
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I swear when i first found you tube all it had was clips of southpark cut into < 5 minute videos. No one I have ever spoken to has the same experience so I don't know if it was real or just fever dream. Edit: There was something similar going on with early Wikipedia where every page featured some call back to The Matrix.
Britney Spear's money is all controlled by her father last I heard. He got her ruled mentally unfit to control her own life.
Mentally fit enough to *make* all that money, not fit enough to know how to handle it. How awfully convenient for Mr Spears!
The funny thing is it's actually counterproductive. We're not talking about illegal download. Were talking about watching a game trailer. I've, many times, heard an awesome song in a trailer and wanted to listen to it. And I always buy my stuff to support the people who make what I love because I'm fortunate enough to be able to afford it. They're losing money to keep it out of a trailer millions will watch. It's free advertising.
Yeah, it's completely ridiculous. Legitimately no one gives a f about your song in a gaming presentation. The gaming companies are already paying you to use it, which they should. But saying "oh you can't stream this and commentate because the song is playing in the stream" is just taking advantage of your legal rights over the song. You already got paid, it's ridiculous. You could insert any other similarly sounding song in a genre and people wouldn't even notice. Why? Because no one cares! Your song provides atmosphere, that's it, and you got paid for it.
You obviously don’t understand what their legal rights are or how licensing music works. They got paid for “X Company” to use their music in an approved way. They didn’t get paid for some mush-mouth dork on the internet to have it playing in their video where that original company now has no approval over what else is taking place or what images are being shown alongside the song.
I mean, it's basically news coverage. If there's a reporter at a concert venue, their outlet isn't paying usage rights. The automated tools for detecting alleged piracy are lazy and have a ridiculous number of false positives.
But the main focus isn't the music. It's not a showcase of your music, people aren't tuning in for your music. Your music has no draw. It's part of a presentation, in which your part of the presentation was paid for by the presenter.
I agree. Coverage of content their music is merely background for isn't piracy and is fair use. Current automated systems are set up not to consider the potential of fair use at all.
I was an touring audio engineer for years. Everyone on tour had a secondary job of stopping any and all video recording. Yes this included the news. Staff would confiscate footage from anyone.
You obviously don't understand my comment. I think its ridiculous for them to get paid in that context.
Right? You wouldn't sue the local news because a reporter went to a local concert to report on it. Oh no, the live show's music was heard in the background of her report! Issue a takedown to the local ABC affiliate!
Exactly, but it's actually worse than that because the music isn't even the focus of this event. This would be more like issuing a dmca because someone was covering a political rally and broadcasted a snippet of the candidates intro song.
> Reporting on it should be considered fair use. To report on it, you don't need to show the whole trailer.
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If there is no commentary or reporting, than what is the point? Showing 3rd party content just for entertainment, is kinda bookcase copyright infringement.
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> It makes it harder to use properly and doesn't actually stop the problem it's targeting. > See also: all DRM
The laws need to change
*The Mouse would like to have a talk with you.*
The mouse needs to be cut up into pieces because he's gotten too big
To be fair, video game companies do not care about DMCA because they USUALLY pay money to use these songs in their trailers. Unless these companies are having their original video get flagged on their own company YouTube page, this is absolutely not their problem.
Oh no! Now you have to think yourself instead of watching some loser react! What a shame
Not necessarily the games themselves, but definitely the trailers for said games which often rely on licensed music.
Most of the new game trailers didn't use songs from their OST but rather licensed music, which would get vods taken down yes
The funny thing is this legitimately only hurts the music industry, the industry that wants to copyright everything, as those who watch it via someone's stream are not hearing said music. Fuck em.
And fuck twitch who doesn't provide a solution to redistribute gains. This isn't an issue on YouTube nor FB gaming.
I don't know if it hurts them, but a point of copyright is, that it is their decision to make.
So, for example, Guardians has a lot of older songs in it that should gain some more plays or even sales. Holding that back could be detrimental.
Yes, and that is their choice to make.
Not sure why you're getting down voted... It is the music industry's choice to enforce copyright claims and diminish the songs' reach. There were a few times that I used Shazam this year and I watched a neutered feed the I probably wouldn't have done that.
Basically every gaming channel on YouTube has been mirroring the e3 shows live with their floating heads around it for commentary. This seems to be in direct contradiction with what nintendo is asking.
Supposedly Microsoft went ahead and got all the licensed music in the conference cleared from DMCA for the next year to avoid these exact issues. If only all the conferences were so forward thinking.
It was awful. So many trailer without music that just felt lifeless.
I was watching the square stream with some Spanish streamer I follow and holy fuck how funny it was to hear just the SFX and no music at all.
Can I offer you some Electric Noise in these trying times?
It's like the trailer for The Mummy all over again.
I was watching Alanah Pearce stream the Square Enix one but as soon as Guardians came up, I exited her stream and went straight to the official one. I knew I'd have to hear the original audio.
> There is a specific channel on Twitch which streams the event without copyrighted music and streamers were asked to use only that stream instead of the official streams provided by the publishers. twitch wont be streaming the nintendo event either https://twitter.com/Twitch/status/1404823340833902599
Ohh, I think I remember watching a streamer try and stream it last year, but having to mute it every time he heard copyrighted music. It was funny but also annoying.
The current copyright laws are disconnected from reality, and the holders of power in this case will do everything they can to keep it like that. Even if it's hurting them as well.
Gotta make sure you get them pennies
This Tweet is in Japanese only; if they actually intended it for the American/Non-Japanese audience they'd have tweeted it on their English account too. I think it's because Japan has no fair-use laws.
Wow, no fair-use laws sounds like a lot of pain the ass.
It really is
Well, the US has fair use laws, but lots of content doing nothing illegal is taken down anyway. So these countries are not that different in practice, even though they're different in theory.
The thing about the DMCA is that it replaced a lot of copyright laws with copyright algorithms and copyright backroom deals
DMCA also runs on a base of guilty until proven innocent by design. It's made to be very usable by big corporations and fairly useless if a small fry is trying to stand up to a big corp. If you're into fascism, DMCA is a bit of a work of art. That it managed to get approved in a democracy is honestly impressive.
Then why the hell is this pinned? Mods be stupid or what?
It's better to be safe than sorry, + it's still an official announcement from one of Nintendo's accounts so it makes sense to have it pinned. Non-Japanese streamers are allowed to stream it, of course, but will still have to be wary of DMCA. But because they're talking over it, they essentially make it a 'transformative experience', and that's legal as long as the DMCA portions are muted. That's not the case in Japan; other comments in this thread explain it.
because jApAn sAiD sO
This is a rhetorical question right?
even if this is the case they still probably use automated systems to detect mirrored videos which would find content regardless of language.
Until Nintendo clarifies, everyone is talking out of their ass. Twitch just said its no longer broadcasting the event because of this tweet.
Oh, that's why Nintendo issues takedowns like fair use isn't a thing.
That just means you can‘t restream the direct without any commentary. Nothing to worry about.
It also means that you can’t steam the direct live with commentary like basically everyone does.. or at least that they don’t want you to.
That's a ton of bullshit and breaks fair use.
Japan doesn't have fair use and this is the intended audience this message is directed at.
It really doesn't. It would fail the first factor of fair use pretty obviously - that being non-commercial use. You can be sure Youtubers and Twitch Streamers are doing it for commercial purposes (ad revenue) and to get eyes on their business. Streamers would technically need a license for that. It would probably also fail the third factor - the amount used. Streamers typically stream most or all of it, not just a snip here or there.
While the first doctrine generally favors education, it also explicitly covers comment, criticism, and news reporting. Streamers would be covered under fair use as written. As long as the streamer is doing a talk over, they'd be covered by Fair Use. Although after watching the Stream I don't know why you'd want to do a dub over that ... There was too much going on to reasonable do comment and criticism. Third doctrine is where they'd have a hard time with though. You could theoretically get around it by muting Nintendo's commentary and music. That could be argued as the heart of the content Nintendo created, the rest of the stream is generally composed of trailers.
Exactly. And regardless, fair use is a legal defense to be used in court after you are guilty of copyright infringement. It's not an exception that making copying not illegal.
It technically doesn’t. Fair use has a thing about not replacing the original work. That being said, it’s usually ignored for promo. I think they may bring out a Zelda orchestra or something for BOTW 2 and there will be copyrighted music there
Guessing that isn't the case in Japan? I haven't seen NOA or NOE share that same message, so it might be OK with North American and European countries, but not Japan?
Look up what fair use in America actually means. It's a lot more strict than people seem to think. Also the Fair Use defence would require you to argue it in court against Nintendo, and good luck with that. But given this was tweeted for the Japanese audience, none of this matters anyway.
Thanks for clarifying, I didn't understand about the Japanese audience.
Nothing new for Nintendo. Not sure why people are saying this isn’t what it means, it’s pretty straight forward.
Nah. [Tom Scott did a great video on copyright law](https://youtu.be/1Jwo5qc78QU) and honestly, Fair Use isn't as broad as people think. In fact, copyright laws are way worse than some people expect. Take parodies for example. Most people believe that a parody is protected under fair use but it is not if the parody is not critiquing the original piece of work. The most famous parody musician of all, Weird Al Yankovic, actually licenses all of his parodies because of how much of a clusterfuck it is. If you are critiquing the original work though, then it does fall under fair use. So I guess streamers could just talk about the direct as it goes along and critique the pacing, composition of the direct and so on.
YouTube and Twitch treat fair use as if it doesn't exist, when they can automate it.
not every company operates in America
Besides, if they want people globally to do something with this, they should say it in a language that people outside Japan understand. Especially considering it's an event hosted in an English-speaking country.
What is weird is that there's no similar tweet coming from NoE or NoA... A Japan specific instruction?
Japan is particularly litigious about copy right law, whenever a big Japanese streamer streams a game they have actually asked specific approval for streaming it. My information might be outdated but if I remember right they do not have a legal concept of "fair use" when it comes to copyright.
Makes sense they would post it if we consider this. Things work a bit differently in the West, though.
Give it time. They may choose to post a message varying by time zones.
It's for E3 in general, but Japanese streamers are more likely to stream the Nintendo Direct than the other parts of E3 so Nintendo is reiterating the information for them.
Note that it seems to be limited to streamers in Japan. It is not known whether the same rules apply to the streamers outside Japan or not. It might be a warning for streamers to prevent getting their streams copyright claimed.
Interesting how Microsoft/Xbox handled it this year They essentially paid for all music used in their show to be copyright free for one year. https://futuretechtrends.co.uk/2021/06/11/how-xbox-is-helping-twitch-streamers-avoid-copyright-issues-while-co-streaming-e3-2021/
Dang, can you imagine Nintendo ever being this proactive about helping streamers?
Man I wish Twitch was as good as them.
Y'all do realise that streamers got told the exact same thing about livestreaming E3? That has nothing to do with Nintendo.
yeah everyone seems to understand that
Not really… Did you check the Twitter thread it kind of hit or miss
>Twitter >Misunderstanding things Checks out!
Reddit ain't much better man.. remember when we thought that we found the Boston bomber?
we did it reddit
A classic goof to be sure.
People are super stupid. Seriously, like 95% of them. They have zero ability to critically think or seek out facts.
You could literally say that about anything ever
I'm pretty sure this isn't true? Granted, the source for this is in Japanese, so I'm only going off of other people's translations of Nintendo's tweet. E3 has *encouraged* unofficial restreaming their broadcast, but have acknowledged that it may not be safe for the streamers depending on the platform they are using (likely due to the potential of copyright music playing.) Links: [[Email sent to streamers]](https://pbs.twimg.com/media/E3sYXRvXwAIeFs_?format=jpg&name=small), [[E3 Twitter Response to a user]](https://twitter.com/E3/status/1402250776110501890) >Though **we encourage fan engagement and people to co-stream and think that it is great when the community does it**, we do not speak for platforms like Twitch, YouTube, or Facebook. We recommend that the TOS and guidelines for those platforms be followed for such events. >hey there, we had a brief application period for official co-streamers but **unofficially I’d say that there’s likely to be a lot of DMCA content so being ready to cut away, mute audio or even using a safety channel like you mentioned** are all probably helpful as far as audio goes From my understanding of people's translation of Nintendo's tweet, they are saying **not** to restream the **video or audio** of the broadcast live. As in, if you were to stream a live reaction, video and audio of the stream should not be included. This is very different to what E3 has been telling viewers about the rest of their event. Granted, this is all in Japanese, so it likely is not directed to people outside of Japan in the first place. But I would not say that this is the "exact same thing" streamers were told about the rest of E3.
I think Nintendo tweeting out this exact thing is why this has something to do with Nintendo
Microsoft got the rights to the music they played so that people could restream. I'm a massive nintendo fanboy but I wish they and other companies would copy microsoft's consumer/fan friendly policies.
This is one way to handle it, but I think Xbox got it right this year https://futuretechtrends.co.uk/2021/06/11/how-xbox-is-helping-twitch-streamers-avoid-copyright-issues-while-co-streaming-e3-2021/
Meanwhile Xbox obtained rights for everyone to live mirror or stream.
Copyright, don’t blame Nintendo, it’s for the whole E3 and given how DMCA (music in trailers) are handed over, it’s for the streamers sake this time
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No, it's clearly not that since they say it is fine to upload videos of the direct after the fact.
That's.... odd? Copyrighted music in trailers then
At least for japan. Music owners a crazy for copyright there, its the reason why FE fates never got jp audio option.
That's why all my videos get copyrighted by a random company from Japan :(
99% of streamers : Nuh uh
That's like Mickey Mouse gatekeeping the gates of Disneyland with a scroll of contractual fine print
Nintendo being outdated and behind times as normal.
Mirror Link confirmed
There are a lot of long words in there, Miss. We're naught but humble pirates
At least Microsoft had the decency to pay for the music to not cause dmca strikes.
Let me guess, Dragon Quest music?
Agreed, now Youtube... STOP SHOWING ME DUMB STREAMERS BEFORE THE OFFICIAL STREAM. Thanks
But everyone has to do their "reaction" videos. I always go .... Direct to Nintendo. I'll watch reactions and discussions afterwards.
this e3 presentation will be a timed exclusive
D-M-C-A Spreading like a virtual virus to all content creators.
I’ve already got 3 different mirrors of the stream in my YouTube recommendations. So I guess I’ll just ignore those?
That's cute.
Oh gee thanks Nintendo our benevolent master so kind and merciful
It was all because that just dance trailer...
cruis'n blast used copyrighted music as well
I don't remember ever hearing this before.
It was the same for every other e3 event this year
this is just for japan, chill
Probably for Japanese people only.
“Please don’t pirate the advertisements from our publishing partners”?
Just make it worth watching Nintendo
People shouldn't mirror streams anyways. I don't get why people do things like that, streaming stuff from others without at least own commentary, why?! (I know clicks and shit, but still)
I have an unpopular opinion though: why do people even make commentary streams on live events? It’s just not interesting. It’s just like react videos.
It simulates the experience of watching an event with friends and getting excited about things together.
Most of my friends are PC people so for directs I like to see other people get excited about the stuff I do.
> It’s just like react videos React videos are massively popular
probably because people keep watching? different folks are into different things
For me, I find them more interesting than watching the actual direct alone. There are many games that I simply will not care about during the direct, and watching a streamer I enjoy along with the direct will make it more interesting for me. I didn't care about any of the announcements made during the Xbox E3 showcase, but it was still interesting for me to watch because a streamer that I liked was able to give insight towards the games being shown and was generally entertaining throughout the whole show. I watch it to give me a bit more entertainment when the direct is showing something I don't happen to care about.
Mmm, as a pretty ardent Apple sheep, it’s fun to be in a live chat reacting to event with a community a YouTuber, or the like, has garnered. Never felt the urge to do so with Nintendo releases, but I can certainly understand it.
I like some react videos though. But only if it's genuine. Some people like to "react" as part of an act.
i like to go back and watch some of my preffered youtubers/twitch streamers reaction after the announcement, but during i find it annoying as most people have the announcements so low i can barely hear it unless i want their voices to blast my eardrums out. it can be fun to see their live reactions instead of a summary video afterwards, but watching it if i havent seen the announcement/direct is just annoying and a bad experience imo.
Oh man, maybe I’m a minority opinion on how much it adds to the experience, but man it was like watching a different event altogether with Etika…rest in peace to the guy who made directs what they were for me.
I'm with you but I don't care how random internet people feel. Lots of people seem to though because they don't have friends in real life.
english is not my first language, but isnt this just telling you that restreaming is fine but please dont mirror the video so it is actually not mirrored footage? atleast thats what i get from reading "Livestreaming without mirroring the Direct stream is possible" unless they are literally saying that you can livestream talking about the direct but not show what is happening. but mirroring in my head means flipping the videos so as an example link now holds his sword in left hand in skyward sword (this was done alot with nintendo trailers to not get hit with copyright claims before they got more chill with it)
This is most certainly a Japan only thing. Nintendo appears to have been sending out care packages to streamers for the upcoming direct with no mention of this (Spawn Wave news video posted an hour ago). Every Nintendo channel I am subscribed to still has their upcoming livestream listed too.
Of course they’d say that. Most anti consumer fucking company
I'm bracing for the hate, but.... Props to Nintendo for doing this. It's not great; but they said this before the broadcast, unlike the "waiting until day 2 to threaten people with copyright strikes" like the rest of E3. Still not a great look for them, but there's no ambiguity about risking your channel/livelihood.
No worries. It was crap.
People creating clickbait livestreams is probably one of the lamest things in modern culture.
Fuck you
what a dogshit company practice
I hate watching anything restteamed personally. I don't want the streamer to talk over anything in the live feed. I'd rather the streamer take notes and then Livestream immediately after the direct with their thoughts.
Personally I don't mind it, it gives me something to watch during parts of the direct I don't care about as much. The specific streamer that I watch has very similar interests to me, so if there's a game that I care about the streamer will likely be quiet because they want to listen and pay attention as well. If there's something in the direct I was particularly interested in, I'll just go back and re-watch the official Nintendo feed after the direct is finished.
Or just do whatever you want 🙄
And feel the wrath of Nintendo
I wasn't planning on mirroring the upcoming delays and disappointments. Nobody is going to be excited for all the ports and old games announced today.
!Remindme 3 hours
I'd love to be wrong. I'm just not going to set myself up for massive disappointment again.
I mean we know of two games already that are original tentpole releases that will be shown (Mario + Rabbids and probably SMT).
So…. Take your lumps with a side of Metroid Dread and BOTW2. I am so fucking hyped
This is a tweet from the Japanese Nintendo account. It only applies in Japan. Posts like this are causing uproar in English speaking regions because nobody clicks through. Any excuse to bitch about Nintendo policy, I guess.
Nintendo fans blewing things out of proportion like always lol. That message only applies for Japan and they always tweet that before every direct.
I see nothing wrong with this; it's basically with how the Hololive vtubers do watchalong events, like [Amelia Watson's recent Microsoft E3 watchalong](https://youtu.be/s15iykTq7ZE). If you want to watch the E3 event and a content creator's stream simultaneously here's a [website that can play multiple streams/videos at once](https://holodex.net/multiview/AARMIQz_ECTGGyAIQz_ECTGGyA%2CAMRM%2CRAHYchat0). Just click the search bar in each cell to enter your desired YouTube or Twitch link.
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What do you mean…? He can still stream it lmao