Can i upload game play of video games to youtube?

Answer 1

As of April 2011, this is what videogamesblogger.com has to say in Google groups about the subject:

Is it legal for someone to make a video of themselves playing a video game, complete with live commentary or without, and then post it online as long it's not for profit?

OR:

Are there any Copyright rules regarding the usage of a video of someone playing a game?

OR:

If a game video has been recorded with a video camera in front of a TV or Video Display Screen, directly capturing the images of the video game to record an instance of experienced gameplay?"

Are the above permitted or prohibited under Copyright rules and regulations?

Answer from the U.S. Copyright Office:

"No that is not allowed.

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

(1) to reproduce the copyrighted work in copies

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending

(4) to perform the copyrighted work publicly; and

(5) to display the copyright work publicly.

What you would be doing could be found in violation of number 5 and possibly number 4, which would subject you to copyright infringement."

What should you do? Remove all copyrighted materials from your site pending a cease and desist order as you could be found in violation of number 2 as well.

A cease and desist (also called C & D) is an order or request to halt an activity (cease) and not to take it up again later (desist); or else face legal action. The recipient of the cease-and-desist may be an individual or an organization.

Answer 2

Most video game developers enjoy seeing YouTubers play through their Video Games. If you are unsure of the copyright policies associated with a video game, make sure you contact them to confirmt hat it is okay to use their content in your videos.