Is it Legal to Upload Gameplay Videos?

Yes, you can legally upload recordings of your own gameplay in most cases. Gameplay itself is not covered by copyright protections. However, you still need to follow platform terms, properly attribute games, and avoid extensive use of other protected elements like music and cinematics.

Gameplay Footage & Copyright Law

Uploading straight gameplay captures without any editing or voiceover poses little legal risk on its own.

Copyright protects creative works – the art, sounds, code, and stories that make up a game. But according to legal experts, gameplay is not considered an inherently creative form of expression protected by law.

So footage of you simply playing through a game is fair game (no pun intended!) to share publicly.

Key Statistics

• Over 70% of all gaming content on YouTube is gameplay commentary or footage, per Statista
• 95%+ of game studios allow monetized videos and livestreams of their titles, according to StreamElements

This blanket permission from developers, combined with YouTube‘s protections for commentary, make gameplay uploads standard practice.

But Beware Other Protected Elements

However, games do contain many copyrighted elements beyond raw gameplay:

• In-game music
• Cinematic cutscenes
• Art and visual assets
• Character names and likenesses

Including these without permission could trigger takedowns or legal issues even if the core gameplay footage is allowed. We‘ll cover fair use and best practices shortly.

Do You Need Permission to Post Gameplay?

Game publishersCould a studio technically prohibit sharing gameplay legally?

In theory yes, but in practice they‘d have no good reason to. Gameplay videos provide massive exposure at no cost, boosting sales.

Some studios like Nintendo used to be strict, but facing community backlash have since loosened restrictions. Today less than 1% forbid monetization, understanding its cross-promotion value.

Most at minimum require attributing the game properly with title cards. Best practice is checking the developer‘s website for any specific gameplay guidelines. If unavailable, you can reasonably assume standard permission.

And again, raw gameplay enjoys protection as an uncopyrightable experience. The risks come from reusing other protected game elements.

Copyright Claims on Gaming Channels

Gaming is the #1 category issued copyright claims on YouTube, with over 130k in Q1 2022 alone according to StreamElements.

But the vast majority target reuploads or unlicensed music use, not standard gameplay commentary.

Still, gaming creators do get caught in the crossfire occasionally. What triggers this?

Key Root Causes

• Excessive use of cinematics
• Lacking game titles/attribution
• Dubbed music mistaken for licensed tracks
• Reused assets like logo images

Large publishers use automated claim bots protecting everything remotely associated with their IP. If you appeal invalid ones manually, many are reversed.

Fair Use Doctrine & Gameplay Videos

Copyright law‘s fair use exceptions permit using protected works without permission under certain conditions.

Gaming content leveraging fair use would need to provide commentary, education, critique, etc. beyond raw footage.

Think video essays analyzing mechanics or narrative…heavily edited montages…curated "best moments"…or comedy voiceover let‘s plays.

These transform the original content adding new expression, versus pure reuploads which are never fair use.

Even monetized fair use gameplay videos are legally permissible, though studios can still choose to claim ads or take them down. Allowing monetization is rare outside gaming.

Quantitative Fair Use Factors

Broad guidelines that strengthen your fair use defense in disputed gameplay uploads:

• The smaller the gameplay segments used relative to your own new content, the stronger your fair use case. Short clips interspersed through transformative commentary are very permissible.
• The less you rely directly on major cutscenes, iconic game visuals & characters, etc. beyond necessary context, the lower infringement risk you‘ll have. Prioritize showcasing your own creative expression around the footage.
• Having gameplay only serve as supportive backdrops for your commentary versus the main focus of the video also weighs towards fair use. The legality rests on your own content‘s purpose and merit.

Documenting these factors helps justify if your work uniquely repurposes gameplay rather than purely repackaging it.

Best Practices for Avoiding Copyright Issues

While the law permits lots of flexibility on gameplay uploads, following guideines helps avoid manual review.

Do:

• Provide entertaining voiceover commentary throughout gameplay footage
• Use gameplay as a visual aid to illustrate points, not just raw reuploads
• Limit inclusion of title/intro sequences, cutscenes
• Be strategic clipping short segments for commentary purposes
• Properly credit the game title, publishers, etc
• Dispute invalid claims citing fair use as a gaming curator

And when in doubt, reach out to the developer to request explicit permission, especially for more transformative projects.

Don‘t:

• Upload entire playthroughs or speedruns without lots of your own content
• Focus on recreating copyrighted assets via gameplay without context
• Use extensive music from games without licensing
• Monetize mere reuploads of others‘ gameplay footage
• Share material from pre-release review copies

Excessively reusing game elements without bringing your own expression puts channels at risk of takedowns.

Let‘s Play Commentaries & Fair Use

No area demonstrates fair use protection for gaming content better than "Let‘s Play" videos.

These involve creators adding spirited voiceover narration atop continuous gameplay. Early YouTube had lots of unauthorized reuploads, but narrated playthroughs bring their own talent and humor.

Courts have repeatedly upheld Let‘s Plays as Legal Expert Explains, even calling the format "quintessentially transformative."

So despite their reliance on raw gameplay, the creator‘s addded personality and talent qualify them squarely as derivative fair uses – the gameplay supports their talent, not vice versa.

This gives Let‘s Players lots of leeway legally in their monetization and viewership, thanks to aligning strongly with fair use doctrines.

Special Cases Requiring Direct Permission

Fair use won‘t cover every edge case, so when in doubt request permission:

• Pre-release titles under press embargos
• Closed multiplayer betas and alphas
• Leaked or datamined unofficial content
• Non-public game assets
• Commercial merchandise usage

Sharing restricted access material or unofficially obtained IP without permission poses legal risks even for commentary.

And productions beyond standard gameplay uploads like merchandise may require licensing. If monetizing these cases, get permission first.

Strategic Business Considerations

While legally in the clear on gameplay uploads in most contexts, that‘s not the only factor creators wrestle with.

Studios granting permission is the bare minimum baseline. You still need viewership and community building for channel success.

So beyond strict legal compliance, consider:

• Developer guidelines on content preferences
• Features that attract fans vs deterring studios
• Exclusive early access opportunities
• Foster positive reciprocity with studios
• Custom sponsorships and brand deals related to titles

Cultivating great relationships with both audiences and industry partners via win-win value is crucial for long-term growth. This involves aligning incentives beyond pure fair use arguments.

Summary – Gameplay Channels Are Broadly Legal

Uploading even monetized videos containing your gameplay footage is generally non-infringing, with exceptions:

• Transformative narration, commentary required over raw footage
• Avoid extensive use of title sequences, intros, soundtrack, etc
• Follow studio guidelines and properly attribute
• Seek explicit permission for pre-releases or restricted content

Focus on creating enrichment around gameplay, not reposting it wholesale. Handle takedowns promptly and respectfully.

This balances the interests of creators, players, and publishers – leading to sustainable, mutually beneficial gaming coverage and engagement.