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3/2/2015 5:07:06 PM
2

Copyright and Monetization

Hi Bungie Im hoping you might be able to clear up this matter for both myself and others who ive seen asking the same questions. Where do we (destiny fans, youtubers, twitch'ers?!?) stand in regards to using Destiny Game footage in videos that we upoad or stream to relevant sites? Ive done a lot of research into this matter and I feel adequately confused to the point where I was hoping you might 'show me the light'. The main 2 conflicting bits of info I have found are the Game Content Usage Rules. Extract below for anyone reading this topic; [Quote] GAME CONTENT USAGE RULES Your use of our data and content must be non-commercial, unless you obtain Bungie’s prior written permission. That means you don't own our stuff, so you can't sell it, use it to sell other things, or give other people permission to use it. The license that we grant to you only covers the things that we create: the “Bungie Content” (as defined below). If we have a license to use someone else’s music or art, we can’t extend it to you, so you’ll have to reach out to them for permission. We ask that you put some time and effort into your content. Make it your own. Don't just upload a copy of our video and slap ads on it. We don't slap ads on our own stuff. If you do that, we reserve the right to have the content removed and send you a nasty letter. In fact, we can change this policy, or order you to stop sharing our content for any reason, at any time without warning, even if we have previously given you permission. We have a hard time imagining why we’d do that, but we reserve the right. All of your use of the Bungie Content must comply with these Terms and the Content Usage Rules (as defined below). You may use game footage, screenshots, and other elements of Bungie games that are owned by Bungie (“Bungie Content”) to create your own content (“Your Content”) provided that you must comply with these Terms and all of the following restrictions (the “Content Usage Rules”): You must not use Bungie Content to create any infringing, threatening, libelous, obscene, or otherwise unlawful or tortious material. You must not sell or earn any revenue or other compensation from Your Content, including any advertising revenue or subscription revenue. You must not post Your Content or Bungie Content on any page that is used to sell products or services or use Your Content or Bungie Content in apps that are distributed for a fee, or in which fees are collected (e.g., “freemium apps”) or advertising revenue is received. You must not use the name of any Bungie games in the title of Your Content. You must not grant anyone else an exclusive license to distribute Your Content. Your Content must not infringe any intellectual property rights, violate any person’s rights (such as right to privacy), or misappropriate any person’s intellectual property. You can use Your Content on a page on which you make a donations request. You can use Your Content to enter a contest so long as the contest organizers comply with the Content Usage Rules. Anyone else who uses Your Content must follow the Content Usage Rules. You must obtain Bungie’s prior written permission for any use of Bungie Content or Your Content not in accordance with the Content Usage Rules. If you don’t obtain Bungie’s prior written permission and you violate any of the Content Usage Rules, your license to use the Bungie Content will terminate automatically. If you share Your Content with anyone else, (a) you grant to Bungie a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable, transferable license to Bungie and its assigns to use, create derivative works of, distribute, display and perform Your Content and to use your name if Bungie chooses in connection with Your Content, in each case, without paying any compensation to you, and (b) you must include the following notice about the Bungie Content with Your Content, whether in a README file, on the appropriate web page, or anywhere else that makes sense so that users of Your Content see the notice: “© Bungie, Inc. All rights reserved. Destiny, the Destiny Logo, Bungie and the Bungie logo are among the trademarks of Bungie, Inc.” [/quote] Which suggests we are fine to do so as long as its not for commercial use and we comply with the few rules, happy days. But then I found the below topic in these forums where a youtuber asked if they were allowed to monetize their youtube videos, to which an Admin replied [URL] https://www.bungie.net/en/Forum/Post/72315784/0/0 [/URL] [quote] Hello Exportforce, You are welcome to make tutorials and videos of you playing the game on a monetized channel. Just make sure to add your own flair to the videos;) [/quote] Perhaps this is some tricksy wording from the Admin. Then there is the youtube policy which says you can monetize game play footage as long as its informative or instructive and I read that Microsoft now allow monetization of any gameplay footage recorded using Upload Studio and my head starts to hurt at this point. Can you clarify for us all; Can we upload/stream informational and/or instructive videos of Destiny Gameplay to youtube and twitch? Can we take advantage of the Monetization features of youtube on these videos? If written consent is required to take advantage of Monetization, how does one go about requesting this as emails wont suffice for google? I hope you find time to reply to this Thank in advance and Kind Regards
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