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Nintendo Creators Program Goes Live

by Curtis Bonds - January 28, 2015, 6:36 pm EST
Total comments: 31 Source: Nintendo

YouTube creators who make Nintendo content can now bypass the ContentID system... sort of.

Nintendo has officially launched the Nintendo Creators Program, an ad-revenue sharing system for YouTube users who use Nintendo content or music in their videos.

By registering your YouTube channel and a PayPal account, you can now submit your entire channel or individual videos to be reviewed by Nintendo. Once approved, a majority of the ad revenue will be deposited into your Paypal account at the end of each month. Currently you will receive 70% of the revenue if you register your entire channel, and 60% if you only register individual videos.

Previously, if you uploaded a video with certain footage or audio from a Nintendo game, there would be a "ContentID" claim put on it. This allowed Nintendo to run advertisements on the video page, and did not allow the user to run any of their own ads, or profit from any ad revenue gained from the video.

Talkback

ejamerJanuary 28, 2015

Is this a good thing?  I'm not into creating content for the YouTubes, but it sounds like a pretty reasonable situation. Obviously people who were using their content to generate revenue and keeping everything will be disappointed at losing 30%, but this makes everything legit and still gives them the lion's share of any revenue generated. It's also better than having ads inserted without the creators knowledge or intent.


Or am I off-base?

ShyGuyJanuary 28, 2015

Time for Vimeo?

SorenJanuary 29, 2015

I'm assuming Sony and Microsoft don't have a system like this and content creators can get 100% of the revenues (or the equivalent after YouTube takes their cut).

My main issue would be that this puts content creators in a position where it's better if you don't create Nintendo content. If you're GameXplain I guess you're ok since you're mostly just making videos for Nintendo stuff. But if you're GameGrumps or Normal Boots or The Game Theorists and you're deciding between featuring a Nintendo game vs a PS4 or XB1 game, what makes more sense for you?

Microsoft (along with Machinima) came under fire a while back ago for trying to influence coverage by content creators. I hate to think Nintendo is doing the same by holding their revenue and only approving the content they like.

Is Nintendo going to approve of things like the "Son of a Glitch" series?

broodwarsJanuary 29, 2015

Quote from: Soren

I'm assuming Sony and Microsoft don't have a system like this and content creators can get 100% of the revenues (or the equivalent after YouTube takes their cut).

My main issue would be that this puts content creators in a position where it's better if you don't create Nintendo content.

That's pretty much exactly what happened with Angry Joe. He had been wanting to cover Nintendo since viewers had recently gifted him a Wii U, but then he got shot down by Nintendo trying to post Mario Kart 8 impressions.  So as a result, he's back to not covering Nintendo at all.

Link

The problem with this system is that these content creators make a living putting these videos out, and ad revenue has been increasingly drying up for the last few years. That's why so many have gone to Patreon lately instead. If you're looking at a position where you could spend 5 hours editing together a video that meets Nintendo's standards for 70% of the profit or you could spend the same amount of time editing together a video for the other consoles or PC for 100% of the profit, the numbers aren't in Nintendo's favor. The content creators will continue to ignore Nintendo games, even if they want to cover them, just because it doesn't financially make sense.

EnnerJanuary 29, 2015

All of the Youtube video game videos are operating in a grey zone that no party wants to get in a legal fight in but fear the consequences of one happening. Looking at it from Nintendo's perspective, I think there is a fear letting all these videos go about unchecked will lead to some legal consequence that diminishes Nintendo's ownership over their property. I know that sounds ridiculous and something that shouldn't happen as long as good lawyers are involved. But weird court decisions are known to happen, so I can see why Nintendo would want to exercise some control over Youtube video to establish ownership.


Then again, I am in no way a copyright lawyer.


It is a sentiment that has been expressed on the Giant Bombcast that sooner or later there will be a big lawyer fight over Youtube video game videos. As it is now, I still feel it is a nebulous territory, and that can not stand as more money is involved in it.

RyanJanuary 29, 2015

broodwarsJanuary 29, 2015

Quote from: Ryan

They gave you a free fucking $200 New Nintendo 3DS and you're complaining like a petulant little child about Nintendo giving you the opportunity to make money off of their products. How fucking greedy and childish do you have to be to be angry about this? You stupid piece of ****. Their taking 40% of money you possibly couldn't earn without. Not like you're actually making any money anyway. How's that Patreon doing that no one gives a **** about? You muppet-ass Neil Degrass Tyson.

Umm...sorry to interrupt your impromptu bout of insanity, but...who are you talking to? No one here has said anything about receiving a $200 New 3DS.

ejamerJanuary 29, 2015

That did seem like a surprising outburst of undirected rage.  :confused;


So it sounds like people disagree are say this isn't a good thing?


Oh well.  I thought that getting a license to use Nintendo content for any purpose you want on YouTube with limited effort involved seemed like a good deal, and could think of lots of ways it might allow creators to drive hits. But the difference between getting 70% and 100% of revenue is huge.  (Apple takes the same cut for publishing iOS software, but arguably provides a much more important service.)


The numbers almost don't matter though. If 30% is too much, dropping but another 10 or 15% won't help. Because content creators aren't used to licensing content in their videos - and more importantly, because they still won't have to in many cases - why would they not just choose to create content that will maximize their own revenue? That counter-argument is hard to dismiss.

SorenJanuary 29, 2015

The more I read about this, the more I have a problem with it.

- There's a list of games you're allowed to use under the program. (link) Want to make a video about Pushmo World? Bayonetta 2? Lego City Undercover? Hyrule Warriors? Tough luck, you can't earn revenue from those games even if you're registered with this thing. How about classic games? The original N64 Ocarina of Time or Majora's Mask? Nah. Donkey Kong Country series? Forget it. Any Kirby game on NES or SNES? Don't even bother.

- Do you make video reviews and use YouTube as your main platform? Then get ready to surrender some of that ad revenue I guess, because apparently Nintendo is entitled to that as well. Pay Nintendo to use game footage for review purposes. Is Nintendo entitled to earn money from the content you do create? Hell, are they entitled to own the content you create?

- Never mind the fact that Nintendo can shoot down your content for any number of draconian reasons. And yes, I expect the approval process of content to be just as hellish as any other system the company has set up, specially after Reggie said this last year:

Quote:

"The first thing we needed to do was make sure that the content that's out there was representative of the franchises. These are our lifeblood. These are our children. We needed to make sure that the content there was reflective of what these franchises are.

Quote from: Ryan

They gave you a free fucking $200 New Nintendo 3DS and you're complaining like a petulant little child about Nintendo giving you the opportunity to make money off of their products. How fucking greedy and childish do you have to be to be angry about this? You stupid piece of ****. Their taking 40% of money you possibly couldn't earn without. Not like you're actually making any money anyway.

Creating video content for the web is a job, like any other, that requires as significant investment and time. (if you don't think so, then I suggest you go take a look at Retsupurae on YouTube). If Nintendo wants YouTubers to create content that caters specifically to their needs while taking a significant chunk of their ad revenue, then they should hire them to be part of their marketing team. It's that simple.

UncleBobRichard Cook, Guest ContributorJanuary 29, 2015

Not a fan of this system.  But, what are you going to do?  Youtube will cave to Nintendo's take down requests and there's no good legal recourse for fraudulent take downs.

marvel_moviefan_2012January 29, 2015

where is TJ Spyke he would be all over this.


Personally I hate Youtube for this very reason. I had a video taken down due to a copyright complaint and I OWNED THE COPYRIGHT, it was a bitch to prove but once I did they put the video back up and I got a second complaint and they deleted my account for "repeated abuses" even though it was ALL music I created and owned.

UncleBobRichard Cook, Guest ContributorJanuary 29, 2015

I had a video of my wife singing the National Anthem, a cappella, on Youtube that some sleezeball company flagged.  Seriously, wtf.

broodwarsJanuary 30, 2015

Totalbiscuit on Youtube today posted a video briefly talking about why this program is a bad idea. It's a worthwhile listen because it gets into the monetary sharing already prevalent with Youtube videos: Link.  Can anyone confirm what he says about registering a channel makes that channel a mandatory Nintendo-only channel?

SorenJanuary 30, 2015

From the FAQ

Quote:

I registered a channel, will all of the videos in that channel be included in the Nintendo Creators Program?
A.Yes, all videos in the channel will be included in the program. Please keep this in mind if your channel contains videos that do not include Nintendo intellectual property.

That's even more a shot at people who pick from all platforms for their content. Their contributions to Nintendo are worth less.

Also, congrats Nintendo, not only did you get PewDiePie against you, you also got me to agree with the idiot.

marvel_moviefan_2012January 30, 2015

To be fair, pissing of their fanbase is what Nintendo does best these days.

StratosJanuary 30, 2015

If you are just TALKING about a game, then they have no legal right to do anything to your video. People can just stop inserting video of the actual game. Granted, it makes them less engaging, but it is a spoken opinion. Nintendo can't copyright that. Are they going to ban a podcast I create to talk about Nintendo games?


Let's plays, from what I have seen, are not something worth making money over. You are recording yourself playing a game. I guess you could just record your thoughts as you play and then viewers can play along with them.

EnnerJanuary 30, 2015

I don't know whether it's ignorance or spin that the nuance between registering a channel for a 70% share and registering individual videos for a 60% share is sometimes ignored. People are angry, disappointed regardless.

It seems after a day or two of digesting the terms of service we are now seeing the backlash and criticism of the program. Reiterations that Nintendo is the only major video game company to be doing this, thus conjuring images of an odd, old Kyoto business man yelling at things he doesn't understand.

Youtubers are, rightfully, pissed as the terms of the program mock and marginalize their livelihoods. Since only Nintendo is pursuing this course of action, it is easier for content makers and multi-channel networks to scoff at it. There is a distant fear that this might be the first of a trend. Because of that, it is guaranteed that this issue will be driven hard against by the affected and potentially affected communities.

I guess if push comes to shove, I'd rather not have Nintendo be so aggressive against Youtubers. Watching "Lets Plays" is not something part of my entertainment choices, but I have enjoyed videos of specialty video game interests (I have watched more Battlefield 3 and 4 than I have played of it.). This latest hub bub (the second for Nintendo this year!) further reinforces the image of the odd, old Kyoto businessman that doesn't know and doesn't care. It's going to get worse before it goes away.

ejamerJanuary 30, 2015

Quote from: Enner

...
Youtubers are, rightfully, pissed as the terms of the program mock and marginalize their livelihoods. Since only Nintendo is pursuing this course of action, it is easier for content makers and multi-channel networks to scoff at it. There is a distant fear that this might be the first of a trend. Because of that, it is guaranteed that this issue will be driven hard against by the affected and potentially affected communities.
...

"Rightfully"?  I'm with you most of the way, but am not convinced at all that YouTubers have the right to earn a living based primarily on the work of other people.


The backlash seems stronger than it needs to be. Do these YouTubers really rely on Nintendo's content that much to earn a living? If so, maybe Nintendo deserves a cut of the profits.  If not, then the complaints (including implied threats that any other company who follows suit will have their games "at the bottom of the pile") are empty posturing.


I don't like the terms in this creator program, and think that Nintendo is taking a bigger cut than they should and imposing more checks and control over what is allowed than I'd prefer to see happen.  But the reaction seems way overblown too.  Of course, I don't have a stake in the matter and it's not affecting my income, so take this opinion with a grain of salt.


Either way, I'm pretty sure that the "value" YouTubers provide through exposure isn't something Nintendo cares about. Can't say I blame them either.

StratosJanuary 30, 2015

It's a fad anyway. I always suspected the "youtuber bubble" would burst some day and the truly talented individuals would find a new way to continue to be an entertainer/commentator. Remember how you used to be able to make a living by clicking on ads online? My teacher got checks in the mail from Yahoo for surfing and clicking ads. I am sure this will eventually change. The trick is that people need to figure out how to succeed without the help of youtube ad income.



ShyGuyJanuary 30, 2015

Quote from: Stratos

It's a fad anyway. I always suspected the "youtuber bubble" would burst some day and the truly talented individuals would find a new way to continue to be an entertainer/commentator. Remember how you used to be able to make a living by clicking on ads online? My teacher got checks in the mail from Yahoo for surfing and clicking ads. I am sure this will eventually change. The trick is that people need to figure out how to succeed without the help of youtube ad income.

This man gets it.

ejamerJanuary 30, 2015

Quote from: Stratos

It's a fad anyway. I always suspected the "youtuber bubble" would burst some day and the truly talented individuals would find a new way to continue to be an entertainer/commentator. Remember how you used to be able to make a living by clicking on ads online? My teacher got checks in the mail from Yahoo for surfing and clicking ads. I am sure this will eventually change. The trick is that people need to figure out how to succeed without the help of youtube ad income.

But that's so hard...
;)

Quote from: Soren

From the FAQ

Quote:

I registered a channel, will all of the videos in that channel be included in the Nintendo Creators Program?
A.Yes, all videos in the channel will be included in the program. Please keep this in mind if your channel contains videos that do not include Nintendo intellectual property.

That's even more a shot at people who pick from all platforms for their content. Their contributions to Nintendo are worth less.

Also, congrats Nintendo, not only did you get PewDiePie against you, you also got me to agree with the idiot.

I don't take TB's complaints seriously because quite frankly, his account's still up.

EnnerJanuary 30, 2015

Quote from: Shaymin

I don't take TB's complaints seriously because quite frankly, his account's still up.

Total Biscuit primarily plays PC games on his channel. The only time console footage comes up are in his news videos. His news videos have been subject to Content ID claims by Nintendo because footage from a Nintendo trailer was used.

Quote from: Stratos

It's a fad anyway. I always suspected the "youtuber bubble" would burst some day and the truly talented individuals would find a new way to continue to be an entertainer/commentator. Remember how you used to be able to make a living by clicking on ads online? My teacher got checks in the mail from Yahoo for surfing and clicking ads. I am sure this will eventually change. The trick is that people need to figure out how to succeed without the help of youtube ad income.

Hearing how ad revenue is drying up and some content makers are engaging in Patreon, that seems to already on the way. However, Youtube will have to do some really crazy things to make it's free video hosting and wide reach undesirable.

Quote from: ejamer

"Rightfully"?  I'm with you most of the way, but am not convinced at all that YouTubers have the right to earn a living based primarily on the work of other people.

The backlash seems stronger than it needs to be. Do these YouTubers really rely on Nintendo's content that much to earn a living? If so, maybe Nintendo deserves a cut of the profits.  If not, then the complaints (including implied threats that any other company who follows suit will have their games "at the bottom of the pile") are empty posturing.

I don't like the terms in this creator program, and think that Nintendo is taking a bigger cut than they should and imposing more checks and control over what is allowed than I'd prefer to see happen.  But the reaction seems way overblown too.  Of course, I don't have a stake in the matter and it's not affecting my income, so take this opinion with a grain of salt.

Either way, I'm pretty sure that the "value" YouTubers provide through exposure isn't something Nintendo cares about. Can't say I blame them either.

I've been mulling over my thoughts and feelings over this ever since the Nintendo Creators Program blew up today. I've come to the conclusion that video game YouTubers, along with writers and other video content producers, deserve to be compensated for quality work. That they should be able do it as their sole profession if they can. I say this after many hours of engaging with and enjoying reading, hearing, and watching video game articles, pod casts, and videos.

If I have never made this clear before, I respect and understand Nintendo's desire to control their property. Out of all the video game companies out there, they have the most need to exercise control due to the audiences they think they are selling to. But that need to control combined with the culture clash of a Kyoto-based toy company versus the rest of the world has lead to decisions that look dumb. And whether Nintendo knows it or not, we live in an age were looking dumb is being dumb.

I think producing quality videos of video game is hard work worthy of monetary compensation. That goes with writing and audio shows. If I don't want to pay for that content up front, then I believe that the creators should get the full amount of however much advertisers will provide them. In this satellite market of video game criticism, commentary, and performance entertainment, I don't think Nintendo should be involved outside of being a general advertiser. And if they want to have control over Youtube videos, the only way I find acceptable is to be a transparent sponsor.

Nintendo owns the games they make. But once those games are in the hand of the people Nintendo shouldn't own what people do with them, be it a second-hand sale, paid writing, or videos that produce ad revenue. There are exceptions, of course, on this slippery slope. I look forward to responses.

marvel_moviefan_2012January 31, 2015

Coming from someone who works in the TV business, I think Youtube broadcasters SHOULD pay royalties just like the rest of us, they shouldn't be allowed to get away with stuff we can't just because they are low budget. If these people are talented why the hell can't they get jobs in the industry? It's not that hard, I pulled it off and I am the least likable jerk you will ever meet. You got skills prove your worth and get a real job.

broodwarsJanuary 31, 2015

Quote from: marvel_moviefan_2012

Coming from someone who works in the TV business, I think Youtube broadcasters SHOULD pay royalties just like the rest of us, they shouldn't be allowed to get away with stuff we can't just because they are low budget. If these people are talented why the hell can't they get jobs in the industry? It's not that hard, I pulled it off and I am the least likable jerk you will ever meet. You got skills prove your worth and get a real job.

You do realize that "hey, I got a job in the industry, so why can't you during this period of high unemployment and surplus of talent in the field, as people are laid off of websites left and right?" is quite possibly the most asshole-ish thing you could possibly say, right?

No one can dispute that Nintendo is entirely in their legal right to do what they are doing, with the exception of their legal take-downs on reviews (which I still contend is fair use under criticism, which is supposed to be protected). In many ways, the industry has been building to this for quite some time. However, there's a difference between something being right from a legal perspective and being right from a PR perspective. However legally right Nintendo is to do this, coming after their most die-hard supporters who want to talk about their games when they're in a very shake-y period financially and with Sony & Microsoft kicking their ass left and right...is not the best move to ensure future brand loyalty. 

You know that old saying "Never pick a fight with someone who buys ink by the barrel?" Interpreted in a modern context, "never pick a fight with someone with thousands of followers and a button press away from turning them against you." Microsoft and Sony come out of this looking like kings by literally doing nothing, while meanwhile an extremely vocal group of people now have a cause to rail against Nintendo and reward their competitors with coverage and positive word-of-mouth. Going after the Youtubers was the "right" move from a legal standpoint, but IMO it wasn't the "smart" move. Coming off as more of a dick when the general gaming community already don't need an excuse to ignore you isn't a Smart Play, especially with your competitors branding themselves as the anti-you (Sony's entire PS4 platform is built on the online share experience, and Microsoft's getting there, too).

SorenJanuary 31, 2015

Quote from: ejamer

"Rightfully"?  I'm with you most of the way, but am not convinced at all that YouTubers have the right to earn a living based primarily on the work of other people.
(...)
Either way, I'm pretty sure that the "value" YouTubers provide through exposure isn't something Nintendo cares about. Can't say I blame them either.

TheBigLewboskiThat'sJustLikeYourOpinionMan.jpg.


Dismissal of something you don't like doesn't make it an universally held opinion. YouTubers do hold real value to video game companies, do deserve to earn a paycheck from their work, and Nintendo just keeps showing how out of touch they really are.

Quote from: Shaymin

I don't take TB's complaints seriously because quite frankly, his account's still up.

Huh? TB's not losing his channel over this. He's just not going to get ad revenue should he choose to make a video featuring Nintendo IP.

Quote from: marvel_moviefan_2012

If these people are talented why the hell can't they get jobs in the industry? It's not that hard, I pulled it off and I am the least likable jerk you will ever meet. You got skills prove your worth and get a real job.

Jesus Christ. No. Just...no. A job in the industry, your name on IMDB, that ish means jack squat in this current work environment. PewDiePie has 34 million subscribers. He doesn't need the industry because he just made one for himself. Even people with a fraction of that following can earn a decent enough living without the need to "prove themselves" by getting a job in an industry that doesn't have room for them.

ejamerJanuary 31, 2015

Quote from: Soren

Quote from: ejamer

"Rightfully"?  I'm with you most of the way, but am not convinced at all that YouTubers have the right to earn a living based primarily on the work of other people.
(...)
Either way, I'm pretty sure that the "value" YouTubers provide through exposure isn't something Nintendo cares about. Can't say I blame them either.

TheBigLewboskiThat'sJustLikeYourOpinionMan.jpg.


Dismissal of something you don't like doesn't make it an universally held opinion. YouTubers do hold real value to video game companies, do deserve to earn a paycheck from their work, and Nintendo just keeps showing how out of touch they really are.

...

First, it's Nintendo dismissing them. My opinion doesn't matter one way or the other because it has no bearing on what will happen.


Second, being "universally held" doesn't make an opinion correct. Show some numbers (specific to value provided for Nintendo) if you can.


Exposing games that need that publicity provides value for many games, but I'm not sold on the fact that having uncontrolled messages will add significant value for Nintendo because Mario and company are already known quantities that sell millions of copies.  This isn't a case of Octodad where I believe the YouTubers do add significant value because customers have no idea what the game is about otherwise. In addition to be a strongly established brand, Nintendo also has shown a strong desire to control the message about their image/content -- making the appeal of YouTuber content even lower.


Also, although I fully believe YouTubers deserve compensation because the work they do is (usually) time consuming and requires significant effort, that's missing the point.  Do they have a right to broadcast large portions -- in some cases, entire playthroughs -- of game video without having to get a license or any form of permission from the content creators?  Yes, they add value through commentary. Yes, they should (in my opinion) have right to use clips within some kind of "fair use" clause. But there seems to be a very fuzzy line about what is/isn't fair use and unless it goes to court I think that fuzziness will remain.


One interesting thought: if it does go to court, it will be interesting to see how lawyers are funded. Nintendo has deep pockets and an established legal team, but top YouTubers have become a very wealthy bunch and will almost certainly appeal for public funding on top of any contribution they make to defending the right to use videos (which would be ridiculous considering they are earning millions... but these guys aren't dumb and aren't giving money away). Could be an expensive battle.

marvel_moviefan_2012January 31, 2015

what I meant was they should have to pay royalties like everyone else, why should Youtubers get a free pass on breaking the law? Technically we can show whatever we want on air if its from Youtube, so does it make it okay for us to air something that is posted to Youtube illegally? No it does not we have to be careful.


I was ribbing with my get a job comments I even said that in my post, or well hinted at it. But the point is still stands if you have to make a living in this business by taking other people's work and calling it your own you have no right to be in the business.

Yeah from a PR move its a terrible thing and could be the end of Nintendo if they succeed in pissing of whats left of their loyal fanbase.  As with all things Nintendo does lately its really hard to defend them here and justify this, but you know what Youtube has changed things for the worse it is making it harder for professionals who work hard and follow the rules to stay in business too. Maybe that is progress but to me I don't see dumbing down and lowering quality as progress. I wish the FCC would come in and regulate the shit out of Youtube like they do everything else those dicks don't deserve a free ride because they are lazy.

Triforce HermitJanuary 31, 2015

This should only affect people who do lets plays and walkthroughs or similar items where they show the entirety of the game or at least a good portion of it. If someone is doing a video review, or advertising the game through hype or whatever, then leave them alone, they are helping you out actually.

The high dollar Youtubers who make millions and are bitching can shove it.

I actually agree that the FCC should and regulate the living shit out Youtube.

UncleBobRichard Cook, Guest ContributorJanuary 31, 2015

Quote from: marvel_moviefan_2012

Technically we can show whatever we want on air if its from Youtube,

Wait, what?

SorenFebruary 02, 2015

http://youtu.be/k_vGe68T6sM

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