The Dangers of Being a Content Creator

For as long as I can remember there has always been some sort of help a gamer could get if they got stuck in a game. There have been hot-line phone numbers you could call, strategy guides you could purchase, message boards you could visit, text-based walkthroughs, and now, of course, video format. As gaming has evolved so have the means of getting information to get past that place you’re stuck at, or perhaps you are trying to be a completionist (100% of the game completed) and you need to find that last secret item. 

I will freely admit that I used GameFAQs.com from time to time to help me get past pieces of the game in which I was lost. SPOILER ALERT some games have vague sections in them where unless you get lucky, you might be stuck for an hour or two, and instead of getting extremely frustrated people, such as myself, try to find out what the hell I’m supposed to do, or where I need to go to next. There are some who frown upon me giving up and seeking help, but at the end of the day I want to enjoy the game I’m playing, and not end up destroying the gamepad/keyboard/mouse.

Now, in the year 2021, we have the ability to watch videos to help guide us through tough parts. We still have a text-based option, for most games, for individuals like myself who don’t want to have to seek backwards and forwards through a playthrough video to find that specific spot where I’m currently stuck at. There has also been a new type of gamer that has emerged with the improvement in playthrough videos, and those are what I like to call “The Watchers”, these are the individuals that don’t want to play the game, but also don’t want to miss out on what potentially could be an awesome game, and so they just watch someone else play it. Now, these gamers don’t have to watch only recorded videos; many will flock to sites such as Twitch.tv to watch gamers stream the game live. It’s basically the equivalent of a TV streaming service or VOD (videos on demand) but for video games. The one difference, and this might be part of the issue that I’m about to bring up, is that it’s free. You don’t have to pay for a monthly subscription to gain access to places like YouTube or Twitch.

So here’s the issue that has magically started to occur more and more when it comes to recording or streaming video game content. These content creators are starting to get hit with all kinds of bans, lawsuits, cease and desist orders, and more. Most of these actions are coming from the game developer/publishers or music/sound artist. It is truly odd that in the past year, it appears that these organizations finally awoken, after years of people streaming (Twitch has been around since 2011 (so almost 10 years)) and/or making video game playthroughs.  Now, let's break it down a bit more:

1. The Streamers 

   1. They are now getting bombarded with DMCA (Digital Millennium Copyright Act) claims and as a result have had their content removed, or they have become banned (either permanently or for a set amount of time). 

      1. Sadly there are many cases where the streamer doesn’t have the ability to contest these claims.

      2. In most of these cases the claims are because of content found in the game. We’re talking soundtracks, and in some cases even sound effects.

   2. They potentially could get hit by companies who believe that a streamer’s commentary/stream content should be appropriate at that game’s ESRB (Entertainment Software Rating Board) rating.

      1. Ex. (This is simply an example the company Psyonix has not done this) a streamer is playing Rocket League and starts cursing or perhaps is dressed in what is deemed a risque way, the streaming service would receive notice and that streamer would be banned.

2. Video Content (Playthrough creators are part of this group)

   1. Have a very good chance of getting hit by the DMCA claims as well.

   2. Could get hit by companies for providing recordings of games past a magical SPOILER point.

      1. This of course truly sucks for those gamers out there who are stuck after this SPOILER point and might now be stuck forever.

      2. This might also be enacted on videos centered on Easter Eggs, or collectables that you can get in the game.

         1. This is more for those who strive for that Completionist way of gaming

   3. Could get hit by companies who believe that the content creator’s commentary/ content is not appropriate at that game’s ESRB rating.

   4. Could get hit by companies who do not want their content broken down

      1. Videos containing the soundtrack of the game

      2. Analysis on just the art style of the game which includes just video recordings of the art without sound

      3. Voice acting analysis where a creator pulls dialog from a game and then critiques it

The real frustrating thing is that this isn’t a complete list. There are companies out there that will give notice or make claims to take down content, but never give a definite reason for that charge. I know I’m not a legal expert, a game developer/publisher whose content is uploaded or streamed online, or a musical artist, but this, in my mind, is ridiculous. These uploads and streams have been happening for years, and now, all of a sudden, creators/streamers who have been building their brand for years are having to dodge through a minefield and potentially, in some cases, for the really lucky ones, lose their source of income. Are these creators/streamers hurting developers/publishers/artists bottom line that much, in the last year or so? What has changed? 

 Conspiracy Theory: It’s all about text-only walkthrough creators wanting people to go back to them, or MAYBE it's the strategy guide creators (the guides that you had to pay for) who are REALLY behind it all.