My name's Lars Doucet, I'm part of a small, independent game development company, and I'm trying to organize a movement to respond to the recent unpleasantness with YouTube cracking down on Let's Play videos and other game-related content.
The community created the "Let's Play"-friendly developers Wiki"
to gather information about where developers stand on monetized Let's Play videos.
UPDATE: We are in the process of migrating the old wiki to www.wholetsplay.com/wiki
The wiki is NOT an authority in and of itself, just a handy directory that:
The list serves as a shield against fraudulent Content-ID matches, because you can easily find out if a developer has actually given official permission.
The wiki is getting a bit difficult to maintain on wikia, so I will eventually migrate it to this site. Hopefully it will be much prettier by then.
However, there's more to it..
Right now, there's an issue with music. Many developers, small and large, license music non-exclusively. This means the musician owns the music, but gives the developers some rights (namely to use it in their game). This means that *technically* it's not legally clear-cut (again, I'm not a lawyer) that the developer has the right to grant permission for fans to make monetized videos that include the music.
Why this is bad: This encourages developers to secure EXCLUSIVE rights to protect themselves. This is bad for everyone, b/c exclusive rights are more expensive for developers and less flexible for musicians. Youtube is currently recommending that LP'ers make videos *without music*. As Colin Campbell notes above, the problem is 3rd party music resellers. I'm currently talking to some legal folks about setting up some creative-commons esque licenses for music that developers can use with their musicians to make the "let my fans post this on youtube" rights more clear.
We might also start a second wiki for known "bad actors" in the music reseller space, to warn developers and musicians against using them for selling soundtracks, etc. I don't want it to turn into a vengeful witch hunt, though, so we might tread carefully there.
We need to make it CLEAR and EASY for YouTuber's to know where developers and their musicians stand. Right now it's a giant soup of ambiguous, unclear, and INVISIBLE rights. I'm imagining creating a badge system like creative commons has, where a developer can proudly display that their content is "Free to Let's Play", and also display a badge that certifies, YES, we have signed the proper licensing terms with our musician, so you can feel safe that the musician allows you to stream the video with music.
This is all in flux right now, and I'm working out the details as we speak. A lot could change.
If you want to help, you can: