Topic: What happens if you upload Nintendo games to YouTube?

Hi all,
I recently got interested in becoming a youtuber, or more specifically, a let's player.
I searched a little bit and I found out that it's no that simple to upload Nintendo games gameplay to YouTube and make money out of it.
So my question is: What can happen if I'll upload such gameplay to my channel?

@liavcol - See the Creators Program - https://r.ncp.nintendo.net/guide/

In short, from what I've read of the above, unless you register a video with the Creators Program, Nintendo will take all advertising revenue. If you do register, then you get a share of the revenue.

So I'm not aware that there'll be any copyright issues that would result in your video being taken down, but you can't make money from it unless you're on the Creators Program. And only those living in a select few countries are included E.g. Israel and UK are not included, so any videos you or I upload that contain Nintendo-copyrighted material... Nintendo takes all the revenue.

What I haven't worked out is what games are classed as having 'Nintendo-copyrighted content' - is this all games licensed for release on Nintendo hardware, or is it just those where Nintendo is IP owner?

I'm not an expert on which games are first/second/third party on Nintendo hardware, but the list of games applicable to the Creators Program suggests to me that third party games may not under Nintendo copyright:

https://r.ncp.nintendo.net/whitelist/

@gcunit Alright, than I think it's kind of ok. I'm saying this since I've made a little bit of a research today and I've learned that the proccess of flaging a video for because of copyright is actually made automatically by and algorithm of YouTube. Because of that it takes time for YouTube to flag your video (usually several months) and a lot of the times it never happens. The reason is that algorithm is comparing videos and soundtracks that Nintendo provides against YouTube's large of content and it flags a video when there is a match. However, if you plan to do commentary over the gameplay footage it'll be much more difficult for the algorithm to flag your content and then you are pretty much safe.
For your question: Yes I'm pretty much sure that the only games that you "can't" upload are the ones that Nintendo are owning their IP.
But now what I wanna know is: If you managed to make some money by the time you got flagged, will you have to pay what you have already earned?

@liavcol I have heard of big time Youtubers getting hit with copyright strikes from Nintendo and their videos taken down but it's usually when the upload newer games. Like I know Happy Console Gamer got a video taken down for having a still shot of Zelda Wii U in one of his videos. However people like AVGN or Pat the NES Punk who use older games like NES and SNES have never got a video pulled.

In short best thing to do is ask Nintendo themselves that way in the end you will be safe knowing all the rules before you lose something.

Personally, I would contact Nintendo representatives to ask this question you're worried about. Just to avoid blocking your videos in case they become popular as until this occurs nobody cares. Though, even after Nintendo can perceive them as an advertisement not a copyright violation.

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