Even olds know what this is these days (credit: Microsoft)
In September of last year, the developer of Firewatch issued a DMCA takedown against now infamous YouTuber PewDiePie after he used a racial slur during a live stream of another title. The incident didn’t make headlines only because of PewDiePie’s profile or the fact that the game Firewatch wasn’t directly involved—this also represented a rare instance of legal rights being asserted between game maker and game streamer.
As much as video games are an interactive medium, in recent years an entire scene has grown out of people such as PewDiePie streaming video games online. Be it live streaming on Twitch, or Let’s Plays or other types of video content on YouTube, gaming has gone from just something players do at home, to something that they also watch other people do online.
As these streamers and personalities have grown in popularity, so too has the discussion over the rights of streamers and developers in regards to said content. Are streams covered under fair use with content creators allowed to make money off of them? Or should the original creators of the games have a say in how their products are used in the public eye, not to mention a chance to generate profit? Developers like Ubisoft and Microsoft have shown a willingness to work with creators and encourage game streaming (and earning). Nintendo, on the other hand, is known for enforcing its copyright in this area. Atlus, too, received pushback surrounding the company’s initial policy for streaming Persona 5.
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