Despite his long-standing disagreements with them, YouTuber GilvaSunner, who has amassed over 500,000 followers, has revealed on Twitter that Nintendo had disabled 1,300 videos including video game soundtracks because of a copyright dispute. Since August 2019, GilvaSunner has issued warnings on video blocks, but this most recent wave has been very bad.
Many games from the “Zelda” series, a few “Super Smash Bros.” titles, many Super Mario titles, a few Kirby titles, and many more have been blocked in this batch. Gilvasunner notes via Twitter that he understands Nintendo’s stance, which asserts its right to distribute its content as it sees fit, but that his YouTube account serves purely educational purposes, leading him to refrain from making money off of the videos.
Nintendo made this unexpected choice not long after ending its Nintendo Creators Program, which was designed to make it possible for Nintendo content to be seen on YouTube. The situation hasn’t lasted long, and fans of Gilvasunner have made jokes about how gamers want to hear the music from old Nintendo titles, but Nintendo only lets them play in the “Super Smash Bros.” music player.
Nintendo’s recent attitude of extremely rigorous property protection is reinforced by these allegations. The audacious plan was halted by the attack on a Pokémon shooter. Even in cases where work is disseminated for educational purposes without permission, some observers, like copyright expert David Bravo, already foresee dire days. From his Twitter account, he states, “The Spanish channels of criticism and analysis of video games or cinema can wait their turn.”
Nintendo of America reportedly sent the owner of a Canadian YouTube channel dedicated to video game soundtracks more than 500 copyright strikes, forcing him to remove every video on the channel that featured Nintendo’s video game music.
This year, Nintendo has been taken down on YouTube twice as big. Although Nintendo has the legal authority to do this as the owner of the copyright to the music in its games, this is just another odd instance of a business that flatly refuses to interact with its customers.
As of Tuesday morning, the DeoxysPrime channel, which was founded in 2010, had 165,000 subscribers. Its main purpose is to host music from video games, mainly from the Sonic the Hedgehog series.
On Sunday, DeoxysPrime announced the removal on Twitter. The video game press then took notice of the story on Tuesday morning, starting with Video Game Chronicle.
DeoxysPrime stated, “I have no plans to delete my channel, and the remainder of my non-Nintendo soundtracks will stay up for the foreseeable future.”
This was DeoxysPrime’s second run-in with Nintendo; in 2019, the channel was criticized for playing music from games that were exclusive to Nintendo, like Splatoon 2, Xenoblade Chronicles, and Bayonetta 2.
In January, Nintendo had already received more than 1,300 copyright violations against GilvaSunner, another channel. Following that, both the channel and the related social media profiles were shut down.
Video game soundtracks have a sizable official and unlicensed market. A lot of game publishers and developers also manufacture limited-edition collectibles like full-size vinyl albums, or they provide the official soundtrack through online sites like Bandcamp and Spotify.
DeoxysPrime is simply one of many YouTubers that repost official game soundtracks on the site, be it in the form of a remix, cover version, a file taken straight out of the game, an official release, or something even more obscure.
Since quite some time, there has been an ongoing dispute in the independent or self-publishing market regarding YouTube’s peculiar handling of game soundtracks, which encourages video creators to use game soundtracks for their work without official authorization.
Nevertheless, the majority of bigger businesses appear to be okay with unofficial archives on websites like YouTube, if not actively encouraging them.
Conversely, Nintendo is peculiar, if not quite unique, in that it hardly ever caters to that demographic. Over the years, it has released a few official soundtrack albums, but they are rarely made available outside of Japan. The Wii game Super Mario All-Stars Limited Edition in 2010 came with a pack-in CD called Super Mario History 1985-2010, which seems to be the most current Nintendo musical compilation to be released in the West.
Moreover, Nintendo has not yet formally added any of its music to any contemporary streaming services. As of this writing, the London Philharmonic Orchestra’s 2011 cover album The Greatest Video Game Music contains a few Nintendo songs that are available on Spotify. Remixes and cover versions also enjoy some degree of popularity.
(Although there is a “Official Nintendo” Soundcloud page, I don’t think it’s genuinely official.)
As a point of contrast, Spotify also offers whole soundtrack albums that are available straight from the publishers and/or composers of video games like Horizon: Forbidden West, The Last of Us, Stardew Valley, Halo, and The Witcher III. While Nintendo might not be the only company holding out in this regard, it’s hard to imagine another major motion picture studio in 2022 keeping up this level of legal restrictions on its catalog of songs.
Nintendo has always taken strong measures to safeguard its intellectual property. But as time has gone on, fans, collectors, and historians have come to view that as, at best, throwing money down the drain and, at worst, deliberately undermining conservation efforts.
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