Important Legal Considerations for Gaming Content Creators

One of the scariest aspects of making gaming content is the chance you’ll be hit by a copyright strike. We’ve all heard the stories before of unfair takedowns, demonetisation, and even channels getting outright removed – even when they weren’t in the wrong.

Being prepared will lower the chances of being caught out by nasty legal loopholes, and at MinMxD we’re committed to bringing you support and advice so you can be ready for anything. In this article, we’ll discuss important legal considerations for gaming content creators including legal terms, how to avoid and dispute claims, and whether or not you need a lawyer.

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To level the playing field, you need to understand what terms are being used. Cutting through the legal jargon will give you the best chance at actually knowing what’s going on, allowing you to respond appropriately with the right legal direction. Here we’ll discuss DMCA, GDPR, and the various types of copyright.

What is DMCA?

DMCA stands for the Digital Millenium Copyright Act. While this is predominately a US law, the nature of gaming content being uploaded to the net – and the US being one of the largest marketplaces in the world for English-speaking content – makes DMCA an important law to understand and abide by wherever you are.

A DMCA Takedown Notice is the main way through which DMCA is carried out. This usually results in content being removed from search results, such as on YouTube or Google, or even deleted entirely. Some regional restrictions may apply – your content might get deleted in the States, but it could still appear in other places like the UK.

Other countries will have their own laws for taking down content, but these usually align with DMCA and so the result will be the same. The laws surrounding the content you produce should be observed on an as-and-when basis.

Overall, DMCA is a double-edged sword. On the one side, it protects your content from being stolen, allowing you to issue DMCA Takedown Notices against bad actors stealing your hard work. On the other, false DMCA claims against content creators can still lead to the content being taken down if they’re convincing enough – and, with certain games, it can be hard to tell where the line stands between legal content and content that infringes upon the copyright holder’s rights.

What is GDPR?

Coming from a different end of the playing field is GDPR. This is the EU’s data protection law, standing for General Data Protection Regulation.

GDPR governs over the gathering, processing, handling, storage, and use of data from EU citizens. However, with 91% of young people in the EU using the internet daily in 2023, and EU citizens making up a large proportion of online users, GDPR will apply to almost everyone handling data. Even if you’re sure you’re not, it’s worth complying with GDPR anyway so you don’t get caught out.

But what does that have to do with gaming content creation?

Well, the platforms you host your content on, like YouTube and Twitch, will be GDPR compliant – so you don’t need to worry about data there. However, the places you need to consider GDPR are:

• Personal websites
• E-commerce storefronts
• Email newsletters
• Community groups (like on Snapchat, Instagram, or Reddit)

Basically, just don’t spread around the details of your viewers. Make sure that if you do have access to data, especially if you know it’s from the EU (which some of it will be), you keep it secure and handle it compliantly with GDPR.

It’s important to know that GDPR isn’t the only data protection law. Brazil’s LGPD, among many others, protects the data of citizens from their country. However, so long as you’re handling any and all data with care, you’re likely to be aligned with these regulations.

What are the Different Kinds of Copyright?

There are three main types of copyright: exclusive licences, limited use licences, and Creative Commons licences.

Exclusive licences allow the licence holder to use a given copyrighted work. They can be limited, such as having and end date, or have economic restrictions such as prohibiting sub-licencing.

Limited use licences only allow a work to be used in a specific way, such as a single broadcast of a radio script or the use of art on a website or pamphlet.

Creative Commons licences allow free access of a copyrighted materials, enabling people to share, modify, or utilise the work in their own. The original author must always be cited, and there can be other restrictions such as NC (non-commercial) or ND (no derivatives), which might restrict exactly what you can do with the work. It is worth observing these on a case-by-case basis, so you don’t make any costly slip ups.

Common things that will be copyrighted include:

• Game visuals (under certain conditions or for specific games)
• Music (both in-game and overlain)
• Sound bites or effects
• The names, brands, or slogans of companies

The US does have a fair use law that allows for the use of copyrighted material under certain conditions, taking into account the purpose of the use, the amount of the work used, the nature of the work, and the impact on the market for that work. However, even content that is legal under fair use can still be hit with DMCA or copyright strikes, so it’s worth exercising caution.

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The best way to ensure you avoid copyright claims is to understand the licences for the content you use. Don’t take the piss with it – popular music, other people’s work, or clips from other media are quite likely to have some form of copyright that could come back to bite you later down the line.

If you’re dead set on using copyrighted content, make sure you obtain the licence if feasible. If not, consider some copyright-free alternatives:

• Use free music under Creative Commons licences for your soundtracks – there are lots of free music websites available that offer copyright-free music!
• Appeal unjust DMCA claims. These can leave permanent marks on your channel’s record. Not all appeals will go through, but it’s worth pressing the matter if you’re not in the wrong.
• Work with specialists who understand the legal environment for content creators. The law is a tricky beast that can take years to understand, so it’s best to work with people that already have that experience and can apply it for you.

Even the most carefully lain plan can still hit a roadblock from time to time, as disgruntled viewers or greedy executives might strike your videos for the hell of it. In these cases, you’ll need to know how to appeal or dispute a copyright claim.

Generally, you can dispute or appeal a copyright claim through the platform on which you’ve been claimed against. YouTube has an initial dispute process, allowing you to fight back against unfair copyright claims.

However, with legal considerations being as complex as they are, occasionally, your dispute won’t go through – even when you’re not in the wrong. In these cases you can submit an appeal, contact support directly, or even take things further by using a lawyer.

Depending on the platform you’re on, there’ll be a slightly different process for disputing or appealing a copyright claim. For example, Twitch have their own process which can be used to appeal bans, strikes, or other actions taken against your channel or content.

One of the sad things about copyright claims is it’s much easier to make a false claim than it is to get one overturned. The only silver lining is that, should someone start stealing your content, it’s usually easy to get them shut down pretty quick.

The Impact of Copyright Claims on Various Platforms

There are a number of impacts of copyright claims, depending on the platform you post your gaming content on, and none of them are good. Here are a few of the effects:

• Distrust from your audience
• Loss of trust with the platform
• Loss of revenue from video takedowns
• Possible demonetisation of current and future videos
• Advertisements on content that give revenue to the copyright holder, irritating fans with ads and not giving you anything in return
• Music and large stretches of your videos being muted
• In extreme cases, a ban from the platform

With so much wrong and not a lot right, you’ll be keen to avoid getting copyright strikes on your content. It really is a scary thing for content creators, but if you do get one it’s not the end of the world. For one thing, appealing any copyright claim that comes your way can help overturn these impacts. For another, most platforms operate on a “strikes” basis. This means you probably won’t see any significant penalties on your first offence, depending on the severity of it, so you can learn from what happened and grow from there.

The world of law and copyright is complex, and can be hard to navigate. Your best bet to get the most accurate support would be a lawyer – however, they are incredibly expensive.

A lawyer isn’t really suitable for checking over your content – just having an understanding of the basics, or employing a competent editor, should be enough there. It’s when you’re met with unjust sanctions and appeals aren’t getting through that access to a lawyer with specific experience in the industry becomes a great help.

For the most part, you can get through by working with a trusted partner or network that can inform you on regulations and alert you should your content appear to not align with them. In other cases, you might need a lawyer to:

• Claim your own content if it is being misused
• Handle the legal processes around the sale of goods (unless using a third-party e-commerce store, which is a popular option as it streamlines the entire process)
• Help you obtain licences to use content
• Create licences for your works, such as for songs you create

So to answer the question: gaming content creators only need lawyers if they’re in legal trouble. And by following the steps in this article, you’ll know by now how to avoid it.

Find out more about legal considerations with our guide on taxes for gaming content creators >

Now that you’ve built up your understanding of legal considerations for your gaming content, you should be able to get on with what you love – without the looming fear of copyright strikes. To make your content truly shine, having a strategy informed by the latest knowledge of best practices and regulations, born from years of experience in the industry, will help you get the best results.

And that’s exactly what we offer at MinMxD. If you’re interested, get in touch today and we’ll help your gaming channel reach new heights. Or, if you want to find out more, read some of our related articles below!

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