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elvenmuse

Youtube streaming legality question

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For the devs.  I'm an up and coming Youtube streamer, and an on and off player of the emulator, and old school player back when the Enb was live.   As such I was considering sharing this gem from the early days of MMOs on my channel with periodic Let's Play streams.

 

Given that I usuallly monetize my streams, what would be my standing here?   Who technically has the rights to the EnB IP at this point, or with this being such a grey area should I keep my enjoyment of the game off youtube?

Thank you for your time.

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Grey area, as the EMU can't charge for the services... BUT can accept donations.  If you make credits from the game (as ONLY a player) are you legally obligated to pay a portion? Me thinks not, but I am sure that any donation would be gratefully accepted.   Pretty much your call IMHO.  

 

As always... do not use what I say as any guide for action or inaction on your part.

Kyp would be the final word on this. 

 

Just saying,

Mim

 

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I believe that part of this discussion happened in General chat last night.

To answer the easy part : EA has the rights to all intellectual property as regards Earth & Beyond.

 

As far as the actual streaming of gameplay goes, I do not think this is an issue; no more so than fan and user videos that are posted to websites as tutorials or general game reviews or even cool combat stuff with music remixes. However, monetizing the stream and profiting from a free service provided by a non-profit organisation like Net-7 could jeopardize the emulator and our current status. As Mimir pointed out, the boss (Kyp) would be the person to decide, as he is more familiar with the NPO rules.

 

Why not just run this particular stream free of charge and eliminate the question and any subsequent problems?

 

Edited by Arthurdent
I prefer black or white personally ...

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^
We can't and won't charge for anything, just take donations, but what you're describing is considered 'fair use' of any given game IP to stream it. The monetization is a little riskier, but not to us, to you. Remember EA has a large team of (most likely rabid) lawyers and they might take umbrage with you if they discovered it.

However, that being said, unless you have a past history of such things, chances are they could only deliver you a cease and desist with which you could choose to comply or fight.

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Thanks for the heads up, Kyp.   andyou make a good point, Arthur.

 

Admittedly, having a fondness for money, for now I'll probably just stick to EnB as a playerand stream things I know are safe to monetize

 

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As Kyp stated, this would fall under 'fair use', unless you are making serious money from streaming, it is highly unlikely any action would be taken against you, Most game companies/publishers encourage streaming since it's free marketing, hell, many even pay people to stream their games, 

 

Worst case scenario is you get a cease and decist

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^ right, this is about what I thought of it, just thought I'd put it out there. Suing is usually reserved for egregious violations where you're robbing them of existing profit.

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I think the only problem will be with the music... if you have it on the video.

YouTube algo would instantly see that and either demonetize it for you or give any proceeds to the holder of the copyright.

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