Reviews and gamplay videos are kind of a weird area when it comes to copyright law. On the one hand the game is technically the company’s intellectual property, on the other you could argue that the gameplay of the game is something of a performance piece. Nintendo doesn’t see things in such greys and seems to prefer more black and white ways as they are actively taking all of the money from anyone who has YouTube postings of any of their games. Remember, these aren’t people copy and pasting other’s material, these people are playing games while providing commentary while they play. Worst of all is that Nintendo isn’t even requesting the videos be taken down, only that they receive all of the ad revenue from it.
The knee jerk reaction to this action is easy enough to saying something like, “Nintendo must be hurting for money if they are stealing it from their fans,” but this sounds worse than that. If the last decade has proven anything it is that the Nippon company doesn’t understand the internet or how it is used, with this being the latest example. In their minds this is probably just an attempt to defend their IP without discouraging their fans from spreading the good word about it, something I would not describe as thoroughly thought through. The problem with Nintendo is that it tries to maintain its image in an obsessive control freak way, something that hasn’t seemed to work in their favor in the past. I don’t know if taking money out of content creators’ pockets is the correct way to do that.
Source: The Escapist