Youtube content ID system questionin

hey, i been doing youtube for a little while and recently (as of today) decided to do a few videos on the borderlands games (started with two interesting builds for the mecromancer) whe i uploaded them (as private cause i like to put my stuff out at lunch time GMT/BST whatever it is during the period, when i uploaded one of the videos had a “matched third party content”
at first i thought why? then i watched realised no comentary but quick thing, when people do videos on any gearbox game (not just borderlands) are they able to monitize it or not?

Short answer: No.

The “matched content” will likely be the background music, since the soundtrack was released commercially and the music publisher for that is part of the YT ContentId system. If you want to play really safe, just turn the music off in-game before recording any game-play.

There are people who do monetize their video currently. They might have asked 2K for permission, they might not (risking a strike). http://support.2k.com/hc/en-us/articles/201335153-Policy-on-posting-copyrighted-2K-material

It’s been said many times that people are covered under “Fair Use” if they add commentary and only show a certain length of gameplay. I don’t know if there is a legal precedent for it (as far as gaming goes).

Here is a wiki list of current publishers and their policy on monetization. You have go publisher by publisher.

While that ought to be case, the way 3rd-party content ID matching works in YouTube’s system means that it’s actually highly unlikely to help unless/until you appeal a decision. That’s because the system and notices are highly automated, and may not be reviewed for “fair use” before being processed. If Google/YouTube only accepted formal DMCA notices, then in theory the company filing the takedown notice would have to take fair use into consideration before filing (especially after a recent US court decision). However, the Content ID program effectively bypasses DMCA notices in favour of convenience for music & movie publishers.

And yes, it sucks…