Microsoft’s Updated Video Content Rules May Affect YouTubers
Microsoft grants content creators “a personal, non-exclusive, non-transferable license to use and display Game Content and to create derivative works based upon Game Content, strictly for your noncommercial and personal use.”
Key word: noncommercial. This means that YouTubers who generate ad revenue from Microsoft game content may be cut off.
It gets better: if a user creates something new in one of the game universes in question, he grants “a royalty-free, non-exclusive, irrevocable, transferable, sub-licensable, worldwide, license to Microsoft and any of Microsoft’s partners or users to use, modify and distribute that Item (and derivatives of that Item), and use your name if we choose to, for any purpose and without obligation to pay you anything, obtain your approval, or give you credit”.
This apparently won’t actually changed much. 343 Industries community manager Jessica Shea wrote on the Halo Waypoint forums:
“We know you have questions about the updated Game Content Usage Rules. The good news is that little to nothing actually changed. The rules are basically the same, with clarification added to address some frequently asked questions.
“While those rules govern several different titles, we would like to assure you that we not only love seeing, watching, and hearing your many different Halo-related creations, but we want you to be able to create to your heart’s content.
“That is one of the primary reasons we forged a partnership with Machinima, for example, so in theory, just about anyone could sign up as part of a simple pre-approved partner program and actually earn money on YouTube and avoid even having to think about it or apply for a separate license.
“Both Rooster Teeth and Machinima have held our normal commercial licenses for years (and others can reach out to us for commercial licenses as well), so rest assured they will continue to exist as you know them. The majority of everything the community makes currently is fine, as long as they are not basically running a big Halo-based business or using Halo as if the IP was its own property.”
I was under the impression that copyright and IP laws prevented people from profiting from this sort of content anyway — or, at the very least, that YouTube didn’t permit it.