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Cetera

License, copyright, and youtube

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I am really not sure where to ask this question, nor where to go for more information. Regarding online images and streaming of KSP user-generated content (twitch, youtube) what are the legalities of posting KSP content?

I know there are a lot of youtubers out there posting KSP videos, and a lot of stuff gets posted to imgur.com and reddit.com. Is this content marketable? Could Scott Manley sell copies of Interstellar Quest on DVD? Is it even technically permissible to have Youtube ads to monetize content, or is that a violation of the license and copyright of KSP?

The KSP EULA (https://kerbalspaceprogram.com/eula.php) states:

4. COPYRIGHT.

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Electro Chango S.A. de C.V. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Electro Chango S.A. de C.V..

What exactly does this mean?

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In regards to producing Youtube videos, that part of the EULA does not apply. From the FAQ on our website:

I uploaded a gameplay video to Youtube. Is it okay for me to monetize it?

Yes, by all means. If you are having many views and want to seize the opportunity, go ahead. We just ask to be given credit, a mention and a link to our website is enough. You must also make it perfectly clear that we are the copyright holders of KSP.

Edit: of course, the same applies to posting videos or screenshots elsewhere. Selling a DVD with that content does not fit 'fair use' in my view, but I'm not a lawyer so I can't give a clear answer on that.

Edited by KasperVld

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...Edit: of course, the same applies to posting videos or screenshots elsewhere...

KasperVid - any news on the specific form of words Squad want? I'm particularly asking for the written work (with KSP screenshots) that I create ... but currently don't charge for.

In 'Induction To Construction' and 'Exploring The System' I use the "I'm not official" statement Ted(?) asked for some months ago and the standard copyright text

"The author is not affiliated with Kerbal Space Program or Squad

Squad has asserted their right to be identified as the authors of Kerbal Space Program"

Is that still acceptable?

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Pecan, aside from reputation and respect in a relatively small Internet community, you don't seem to be receiving tangible benefits in any way from putting your guide(s) up on the forums. As long as you don't try to take credit for the game itself or claim to be sanctioned by SQUAD, I don't see any problems with you giving away copies of a PDF.

Disclaimer: I am not a lawyer, so you can more or less take this with a grain of salt.

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FYI

Youtube has started requiring written consent from source material owners (such as Squad) for videos that use their images or sound.

Paradox has already had their legal team write a general letter of acknowledgement that their youtubers can use.

http://forum.paradoxplaza.com/forum/showthread.php?671169-Monetizing-from-Youtube-videos-containing-Paradox-Interactive-material!

Perhaps squad could do the same?

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