Youtube Partnership with Melee/Brawl Videos

[Jigglymaster]

I posted this in the pool room first and they told me to make one here instead so yeah.

Ok, a couple of my videos have been offered youtube partnership a couple times now, particularly

Ignorance is Bliss (The SSBM version) Starring Bowser http://www.youtube.com/watch?v=JKmeOP7dPag

and

New Brawl Glitch "Ledge Running" http://www.youtube.com/watch?v=gQ7KxjfbiUE


However, I've rejected the offers many times because it says in the youtube partnership rules that if there is something in the video that you don't own then they'll remove the video but only if you try to get youtube partnership with it. Since I obviously don't own brawl, I'm a bit hesitant to accept the partnership in fear that my video will be removed.

However I noticed that Machinima has advertisements on their Brawl and other video game videos. I certainly know that they don't own Brawl either.

So what I'm trying to ask is, if Machinima can make money off of Brawl and other video game videos, does that mean I can too? Sure I probably can't make partnership of the ignorance is bliss one because of the music but I probably could do it for the Ledge Running Video.

Please let me know and I want to be very very sure that my video won't be removed if you do say that I should be allowed to do it.

 

[kbear]

Ah, this is quite a dilemma. Well, let's try to sort this out. We can start with Machinima and how they are able to make money off of their videos. I believe that Machinima has licenses with the companies of the video games that they make machinimas out of, meaning that they have specific permissions in which to distribute the video. I'm assuming that there is a lack of permission from Nintendo for your videos. You also mention that the music on "Ignorance Is Bliss" would probably land you in some deep animal fecal matter. Good call. However, the music and audio in "Ledge Running" is also owned by Nintendo, so I would probably advise for you to not pursue the partnership. I think I should also note the Fair Use doctrine in here, just for future reference. Fair use is a US law that enables you to use copyrighted work, abit restricted and under certain terms. For example, I am allowed to use a song, maybe under 30 seconds, in order to enhance something that provides commentary, criticism, education, the likes. In your case at this current moment, I would advise you to not go after the partnership. Hopefully, you might be able to pursue a partnership with something under fair use in the future. Boy, I'm jealous though. You got offered a partnership gah! I wish I had some status like you do.