Youtube gaming reviews and copyright issues?

[devdutta58]

Hey, I started a gaming review channel about a week ago, and I had a thing next to one of my videos saying something about a copyright claim. After searching online a little it seems like copyright should not be an issue in gaming reviews. So i assume I should be disputing the claim. These are the choices if I choose to dispute:
I own the CD / DVD or bought the song online.

I'm not selling the video or making any money from it.

I gave credit in the video.

The video is my original content and I own all of the rights to it.

I have a license or written permission from the proper rights holder to use this material.

My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws.

The content is in the public domain or is not eligible for copyright protection.

Let me know if I should be disputing this claim and which to choose. This is my channel http://www.youtube.com/popularmmos

[avikar76]

God this question is long. Yeah it's copyright claim because your using he video games audio you can publish games like this and expect monitiZation.

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[macquaid35]

I find this bizzare for a few reasons.

One, I haven't heard of anyone having issues with posting game vids of any kind on youtube. Generally it would seem that the video game people don't mind copyright infringement because it's not like you're getting to play the game when you're just watching it. If you're watching it, it's just a long commercial for them which is why I didn't think they ever cared.

Secondly, you are perfectly in the area of fair use. There should be no issue with that. This is a well done tutorial/walkthrough and review all in one.

Thirdly, Layla's point is an interesting take. She may be on to something there, but I don't see why that wouldn't fall under the category of fair use with the fact that it's an intrical part of the game that you are reviewing. I've seen other vid game reviews that have left the music in. My son was actually approached a year and a half ago to partner when he was doing reviews of pokemon games and he left the music in and there was never a claim laid, but that could just be a different philosophy by the Nintendo if it turns out that music was the issue.

I would appeal it, at the very least, to get a reason for what you are doing that's causing a problem. It could be a glitch. If you are doing something wrong, they could tell you how to do it right.

Also, I know that youtube has been using a program to weed out music copyright infringers and I've heard of a few people with songs that are clearly in the public domain being warned. A lot of pop songs will incorporate public domain songs to assist with their writing (ie. 'Take it off' by Ke$cha - "There's a place downtown where the freaks all come around" is the same melody of that snake charming song) and I think that youtube's program is occasionally making mistakes.

Good luck! Fight the Power! (-: